Basis

Trespass

Nuisance

Meaning

Direct interference with possession of land.

Interference with use or enjoyment of land.

Nature of Injury

Direct and Immediate.

Indirect or Consequential.

Right Protected

Possession of land.

Comfort and enjoyment of land.

Proof of Damage

Not necessary (actionable per se).

Usually, necessary.

Frequency

May occur once.

Generally continuous or repeated.

Example

Entering land without permission.

Smoke, noise, smells affecting neighbors.

Remedy

Damages, Injunction, Ejectment.

Damages, Injunction, Abatement.

Affected Person

Person in possession.

Person who suffers inconvenience.

Legal Principles

Based on the Principle that no one has the right to enter property without consent.

Based on the principle that one must use his property without causing harm to others.

Degree of Interference

Even minor intrusion is sufficient.

Interference must be substantial and unreasonable.