Mr K is owner of a building containing a large number of rooms and had derived a considerable income by…
Substantial and unreasonable interference with the use or enjoyment of land through noise and smoke is private "Nuisance", and loss of tenants caused by the smoke and noise…
Choose your answer
Mr K is owner of a building containing a large number of rooms and had derived a considerable income by letting them. Mr Y is owner of an adjacent cotton mill which erected after the occupation by Mr K. Owing to noise and smoke of the mill several rooms remain vacated that results into loss for Mr K. Examine relevant tort for the case.
Answer and explanation
Correct answer C
Substantial and unreasonable interference with the use or enjoyment of land through noise and smoke is private "Nuisance", and loss of tenants caused by the smoke and noise of the adjoining mill is such an interference. Physical entry onto the land is not required, so it is not "Trespass to land", and the later establishment of the mill does not excuse the interference.
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