Principle Nuisance is an unlawful interference with a person rsquo s use or enjoyment of land or nbs...........

Legal Concepts Law of Torts

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 nuisance.

Facts: ‘A’ plants a tree on his land. However. he allows its branches to project over the land of ‘B’.

Which of the following derivations is CORRECT?

‘A’ has committed trespass

‘A’ has committed nuisance

‘A’ has not committed nuisance

None of the above A

Explanation:

What the principle is saying is that if one directly interferes with the property of another, the tort of trespass is committed. For example in Q. 173, a person was pelting stones at someone’s property. However, if it is not direct but a consequence of one’s actions, the act may amount to nuisance. In this case, the person does not plant the tree on someone else’s property. The tree is planted on A’s land. But as a “consequence” of A’s actions, B’s enjoyment of his land is affected. Hence, it would amount to nuisance