Special Part, Illustrations. (11)

1. Z. has for some years carried on a noisy business on land adjoining a house built and occupied by A. on his own land. The noise is such as to be a nuisance to persons dwelling in the house. B., knowing these facts, buys A.’s house. Z. wrongs B. if, after B. has entered on the occupation of the house, he continues his business so as to prevent B. or his household from dwelling in the house with ordinary comfort. It is immaterial whether A., during his occupation, did or did not complain of the nuisance.

2. The facts being otherwise as in the last illustration, Z.’s business has been carried on for such a time that he may at the date of B.’s purchase have acquired a prescriptive right as against A. and persons claiming through him. Here the previous conduct of A. and his predecessors in title is material as between Z. and B.

3. Z. has for more than twenty years carried on a noisy business on land adjoining land of A.’s, on which there is not any dwelling-house. A. builds and enters on the occupation of a dwelling-house on his own land near Z.’s workshop. Z. wrongs A. if he continues his business so as to prevent A. from dwelling in the house with ordinary comfort: for the doing of acts which were not a nuisance to the occupier of A.’s land when done could not in any length of time entitle Z. to continue similar acts after they became a nuisance.

Same facts may be distinct nuisance to several persons.57. The same facts or conduct may constitute a nuisance to several persons, and the wrongdoer is severally liable to every such person.