Nuisance and Trespass


Trespass and Nuisance are two different matters being mutually exclusive from one another .

But there is similarity only on one point , that is when the injury relates to possession as well as to some right accessory to possession ,e.g., trespass of cattle , discharge of noxious matter into a stream and ultimately on another’s land .

However , the distinction between trespass and nuisance may be shown in the following tabular form .


  Trespass .
1. Trespass is actionable per se . Actual damage need not be proved . But nuisance is actionable only on proof of special damage except in the case of nuisance consisting of injuries to servitudes .
2. Trespass is an injury to the right of possession . But nuisance relates to some right accessory to possession .