Differences

Nuisance
consequential harm.

Trespass to land
a direct act

interference with the use

and enjoyment of land

interference with
possession of land

Cases
Govt of Msia v Akasah
b Ahad
Sin Heap Lee v Yip
Shou Shan

interference to Ps interest
over his property and does

direct entry on a persons

land and is actionable per
se

not require entry by the D

and to succeed P need to
prove special damage.

Nuisance

Nuisance

Negligence
negligent act may also
give rise to nuisance.
This does not mean that
negligence is a
prerequisite in action for
nuisance
Strict liability
something that is likely
to cause mischief
escapes from the Ds
land onto the Ps land
causing damage to the
P. This itself may rise to
an action for nuisance
but not necessarily so.

interference must be
continuous

Fletcher one single act

of interference is

Wisma Punca Emas

Sdn Bhd v Dr Donald

sufficient.
some special use of land
bringing with it
increased danger to
others

Leakey v National
Trust