Differences

Nuisance Trespass to landCases

consequential harm.a direct actGovt of Msia v Akasah b Ahad

interference with the use and enjoyment of landinterference with possession of landSin Heap Lee v Yip Shou Shan

interference to Ps interest over his property and does not require entry by the D and to succeed P need to prove special damage.

direct entry on a persons land and is actionable per se

Nuisance Negligence

negligent act may also give rise to nuisance. This does not mean that negligence is a prerequisite in action for nuisanceWisma Punca Emas Sdn Bhd v Dr Donald

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 continuousFletcher one single act of interference is sufficient.

some special use of land bringing with it increased danger to othersLeakey v National Trust