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.

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

Answer 1

'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.