It is important
to note that the reason why nuisance are classified into public and private
nuisance is because the two are not the same, while public nuisance cab be
called a crime, private nuisance can be referred as tort.
A public
nuisance is also a tort, especially where a particular damage is proved by a
private individual. Therefore, a public nuisance is a tort and a crime.
Generally, a private nuisance is a tort only.
It is important
to note that in public Nuisance, and above other members of the public over
order
to succeed in a private suit, other wise, he will fail. In private
nuisance a person only need to prove an interference with his right to the use
and enjoyment of land. Where nuisance consist of an encroachment on the land of
the plaintiff, the law will presume damage.
PUBLIC NUISANCE
This has to do
with any conduct that interfered with the reasonable comfort and convenience of
the public, or obstructs the public in the exercise of a common right. A public
nuisance is a tort and a crime. Several persons must be effected for a conduct
to be a public nuisance. The term
nuisance covers a miscellany of conducts which interfere with the rights of the
public. It is design to protect the entire public, while the tort of private
nuisance is designed to protect each person in his individual capacity.