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Question

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 of its branches to project over the land of 'B'.
Which of the following derivations is correct?

A
'A' has committed trespass
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B
'A' has committed nuisance
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C
'A' has not committed nuisance
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D
None of the above
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Solution

The correct option is B 'A' has committed nuisance
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 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.

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