Everybody has a right to use his
property as it pleases him but let not the use be to the detriment of his neighbors,
that is there must be a
balance of life let live, the
quality of give and take to ensure a peaceful consistence among the people.
And because of that, the court considers
a number of factors in arriving at the decision whether the tort of nuisance
has been or has not being committed.
Below
are some of the factors
1.
Duration of the inconvenience
2.
The
utility of the act of the defendant
3.
The
nature of the locality
4.
Practicability
of the
relief sought by the plaintiff
5.
Whether there is a substantial interference
6.
The
carelessness of the defendant
7.
The
excessive nature of the conduct
In the case of St. Helen’s Smelting V Tipping
the Plaintiff respondent, who lived
in an industrial area, established that his tree and shrubs had been sensibly damaged by fumes from the copper smelting plant of the defendant
appellant company, and that the value of the property had been reduced…
the House of Lords held.
That this was an actionable nuisance.