Trespass and Nuisance are two different matters being mutually exclusive from one another .
But there is similarity only on one point , that is when the injury relates to possession as well as to some right accessory to possession ,e.g., trespass of cattle , discharge of noxious matter into a stream and ultimately on another’s land .
However , the distinction between trespass and nuisance may be shown in the following tabular form .
| Trespass . |
Nuisance. | |
| 1. | Trespass is actionable per se . Actual damage need not be proved . | But nuisance is actionable only on proof of special damage except in the case of nuisance consisting of injuries to servitudes . |
| 2. | Trespass is an injury to the right of possession . | But nuisance relates to some right accessory to possession . |
