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'

Popular documents