(Translation of Article 5)
The Civil Wrongs Ordinance is based on a British mandatory ordinance and constitutes the normative basis for Tort Law in Israel. Among the torts prohibited are "nuisances". These provisions offer citizens an opportunity to enjoin environmental nuisances and/or receive compensation.
Article 5: Nuisances
|Public Nuisance||42. A public nuisance consists of some unlawful act, or omission to discharge a legal duty, where such act or omission endangers the life, safety, health, property or comfort of the public or obstructs the public in the exercise of some common right.|
|Action for public nuisance|| 43. No action shall be brought in respect of a public nuisance save:
(1) by the Attorney General or his representative for injunction;
(2) by any person who has suffered pecuniary damage thereby.
|Private nuisance|| 44. (a) A private nuisance consists of any person so conducting himself or his business or so using any immovable property of which he is the occupier as materially to interfere with the reasonable use and enjoyment, having regard to the situation and nature thereof, of the immovable property of any other person: Provided that no person shall recover compensation in respect of any private nuisance unless he shall have suffered damage thereby.
(b) The provisions of this section shall not apply to any interference with daylight.
|Special defense||45. It shall be a defense to any action brought in respect of any private nuisance that the act complained of was done under the terms of any covenant or contract binding upon the plaintiff which inures for the benefit of the defendant.|
|Existing nuisance||46. It shall not be a defense to any action brought in respect of a private nuisance merely that the nuisance existed before the plaintiffs occupation or ownership of the immovable property affected thereby.|
|Saving of other laws||47. The provisions of sections 42 to 46 shall be in addition to, and not in derogation of, any provisions about nuisances laid down by any other enactment.|
|Interference with daylight||48. Any person who, by any obstruction or otherwise, prevents the enjoyment by the owner or occupier of any immovable property of a reasonable amount of daylight, having regard to the situation and nature of such immovable property, when such light has been continuously enjoyed by such owner or occupier or his or their predecessors in title, otherwise than under the terms of any covenant or contract, for a period of not less than fifteen years immediately preceding such obstruction or prevention commits a civil wrong.|
|Use required in the public interest||48B. Any such use of immovable property as is required in the public interest shall not constitute a nuisance within the meaning of this article even if it causes damage to neighboring property or deprives the owner of the neighboring property of the full enjoyment thereof, provided that the damage remains within tolerable proportions and that the user takes reasonable steps to reduce it as far as possible. However, the Court may award compensation either in the form of a one-time payment or of recurrent payments if the owner of the property has suffered pecuniary damage.|