Principle: Nuisance is an Unlawful Interference with a Person'S Use Or Enjoyment of Land Or Some Right Over Or in Connection with It. - Legal Reasoning

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MCQ

Given below is a statement of legal principle followed by a factual situation. Apply the principle to the facts given below and select the most appropriate answer.

Principle: Nuisance is an unlawful interference with a person's use or enjoyment of land or some right over or in connection with it. If the interference is 'direct', the wrong is trespass; whereas, if the interference is 'consequential', it amounts to a nuisance.

Facts: 'A' plants a tree on his land. However, he allows of its branches to project over the land of 'B'. Which of the following derivations is correct?

Options

  • 'A' has committed trespass

  • 'A' has committed a nuisance

  • ‘A' has not committed nuisance

  • None of the above

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Solution

'A' has committed a nuisance

Explanation:

The principle given here regarding the tort of  Nuisance, it is an unlawful interference with a person's use or enjoyment of land or some right over or in connection with it. If the interference is consequential, it amounts to a nuisance. 
In the present case, as A plants a tree on his land and allows its branches to project over the land of  B, he (A) has committed the tort of nuisance. 

Concept: Law of Torts (Entrance Exams)
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