A, the owner of a house, sells B a factory built on adjoining land. Later A sues B, complaining that…
Illustration (g) to section 13 provides that "B is entitled, as against A, to pollute the air, when necessary, with smoke and vapours from the factory". By selling a factory…
Choose your answer
A, the owner of a house, sells B a factory built on adjoining land. Later A sues B, complaining that smoke and vapours from the factory pollute the air around his house. B does no more than is necessary to work the factory. Under section 13:
Answer and explanation
Correct answer A
Illustration (g) to section 13 provides that "B is entitled, as against A, to pollute the air, when necessary, with smoke and vapours from the factory". By selling a factory next to his own house, A impliedly grants the easement needed to work it as it was being worked. The right arises from the transfer and does not depend on prescription.