Page:William Blackstone, Commentaries on the Laws of England (1st ed, 1768, vol III).djvu/228

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THIRD pecies of real injuries to a man’s lands and tenements, is by nuance. Nuance, nocumentum, or annoyance, ignifies any thing that worketh hurt, inconvenience, or damage. And nuances are of two kinds; public or common nuances, which affect the public, and are an annoyance to all the king’s ubjects; for which reaon we mut refer them to the clas of public wrongs, or crimes and midemenors: and private nuances; which are the objects of our preent conideration, and may be defined, any thing done to the hurt or annoyance of the lands, tenements, or hereditaments of another. We will therefore, firt, mark out the everal kinds of nuances, and then their repective remedies.

I. dicuing the everal kinds of nuances, we will conider, firt, uch nuances as may affect a man’s corporeal hereditaments, and then thoe that may damage uch as are incorporeal.

1. as to corporeal inheritances. If a man builds a houe o cloe to mine that his roof overhangs my roof, and throws the water off his roof upon mine, this is a nuance, for which an action will lie. Likewie to erect a houe or other building o near to mine, that it tops up my antient lights and windows,