Question

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.

Legal Principle:
1. An unlawful intrusion that interferes with one's person or property constitutes trespass.
2. An easement is the right to use another person's land for a stated purpose and has been in use for quite some time. It can involve a general or specific portion of the property.

Factual Situation: Vijay wanted to construct a shed on his window to stop the water from leaking to his house. The shed was constructed but it protruded in Namit's house. Vijay claims it is his elementary right. Will Vijay's claim succeed? DECISION:

Options

• Yes, because he has a reason to do the same.

• Yes, because right of easement exists.

• No, because there exists no right of easement.

• No, because this is encroachment of Namit's property.

Answer 1

No, because this is the encroachment of Namit's property.

Explanation:

It is not a case of easement because of the construction of a shed in Vijay’s property also pretending in the part of Namit's property. Moreover, the easement is given for a temporary period with the consent of the owner of the said property. Here, Vijay constructed the shed against the will of Namit. Therefore, this is not the case of the easement.