Special Part, Illustrations. (12)

A., B., and C. have dye-works on the banks of the same river, and pour noxious refuse into it to the damage of X., a riparian occupier. A. has wronged X., even if the water flowing past X.’s land would not be made fit for use by A. alone ceasing to foul the stream.

When owner out of possession can sue for nuisance.59. An owner of immoveable property, not being in possession of it, can sue for a nuisance to that property only if the nuisance—

1. A. rents a house in a public street from B. Z. keeps his horses and carts standing in the street for long and unreasonable times, in such a manner as to be an obstruction of the street, and a nuisance to the occupiers of the house. Z. has wronged A. only, and not B..

2. A. rents a field from B., together with a watercourse passing through the field. Z., an occupier higher up the stream, fouls the water so as to be a nuisance to A. Z. has wronged both A. and B., as his acts would, if not resisted, tend to establish a claim to foul the stream as against B.

3. Z. has smelting works near A.’s land. The fumes from the works kill or spoil the trees growing on A.’s land, make it generally less fit for occupation, and diminish its selling value. Whether A. is or is not occupying the land, Z. has wronged A.

What persons are liable for a nuisance.60. The following persons are liable for the creation or continuance of a nuisance, as the case may be:—

Explanation.—Where a nuisance is caused by a tenant’s use of property, the lessor is not liable for it by reason only that the property is capable of being so used.