109. Damage alone does not necessarily constitute a nuisance.

(ii)     Essentials of Common Law Nuisance

109.     Damage alone does not necessarily constitute a nuisance.

Damage alone, whether actual or presumed1, gives no right of action; the mere fact that an act causes loss to another does not make that act a nuisance2. There must also be an act or omission which interferes with a person's use or enjoyment of land or some right over or in connection with land, commonly referred to as an 'unlawful act'3, although the activity complained of need not necessarily be unlawful of itself and whether or