Difference between “Nuisance” and “Trespass” – Explained!

2. It is created by some intangible objects such as gas, noise, smell, smoke, pollution, vibrations, electricity, etc.

3. It interferes the plaintiffs use or enjoyment of land or property.

4. A plants a tree in his own land. The tree grows, and its branches and roots spread into the land of B. It is nuisance.

5. A’s building has become ruinous, and it may collapse at any time and fall upon B’s house. A and B notice it. But A does not take proper steps to prevent it. Some of the walls of A’s house fell upon on B’s house. It is a nuisance.

6. Nuisance is actionable only when the special damage is proved.


1. Trespass is a direct interference with the plaintiffs property.

2. It is always by some material or tangible objects.

3. It interferes with possession of the land or property of plaintiff.

4. A occupies B’s land forcibly and plants trees. It is a trespass.

5. A throws some stones upon his neighbor B’S house. It is a trespass.

6. Trespass is actionable per se i.e. without proof of damage.

Related Articles

Difference Between “Riot” and “Affray” – Explained!

2. Riot is done with the common object, in a public place or private place. 3. Every member of the unlawful assembly is punishable, although some of them may not have personally used force or violence. 4. Punishment: 2 years and/or fine. 5. Illustrations: [Cite case-laws and illustrations.] Affray: 1. An affray is committed by […]
Read more

44 Major Controls, Management, Ownership and Financial Structure of Indian Newspaper

From the point of view of periodicity, there are dailies, weeklies, monthlies and very few fortnightlies and bi-weeklies. From the point of view of purpose, all these cover a vast range of activity. It is, therefore, difficult to examine this complicated structure from any one angle. This memorandum will deal with it generally and illustratively […]
Read more
Search for: