Who can sue or be sued in nuisance?
A. Only those with the right to exclusive possession of land can sue in nuisance. A person with exclusive possession of land may sue even though unable to prove title to land. Legal cases have distinguished between someone who is present on the land and someone engaged in occupancy in a substantial nature. Only the later land owners have the right to sue in nuisance. The person who actually creates the nuisance may be sued in respect of it. Occupiers may be liable for nuisances created on their property by third parties in some circumstances, either directly through their own control or vicariously. Landlords may even be liable for nuisances created by tenants, if the terms of the lease are considered to authorise the nuisance.
