Question:
Apply the given legal principles to the facts provided in the following of the question and select the most appropriate answer.
Principle : Nuisance shall be defined as use of land in a manner that causes unreasonable interference with another’s enjoyment of their land.
It is no defence to a claim of nuisance to say that the plaintiff(s) knew of the interference that would be caused.
Facts : The village of Xandiapur has a centuries old cricket ground which is owned by Xandiapur Cricket Club and hosts matches between local teams every week. It is the only sports ground in the village and serves as a critical source of recreation for the villagers. Mr. and Mrs. XYZ purchased a home right on the edge of the cricket ground’s boundary. Balls from cricket matches frequently fall into their residence’s garden and have caused severe damage to their windows. They have unsuccessfully tried to request the Cricket Club to install nets around the part of the boundary that is adjacent to their home. They seek to claim nuisance against the Xandiapur Cricket Club.
Apply the given legal principles to the facts provided in the following of the question and select the most appropriate answer.
Principle : Nuisance shall be defined as use of land in a manner that causes unreasonable interference with another’s enjoyment of their land.
It is no defence to a claim of nuisance to say that the plaintiff(s) knew of the interference that would be caused.
Facts : The village of Xandiapur has a centuries old cricket ground which is owned by Xandiapur Cricket Club and hosts matches between local teams every week. It is the only sports ground in the village and serves as a critical source of recreation for the villagers. Mr. and Mrs. XYZ purchased a home right on the edge of the cricket ground’s boundary. Balls from cricket matches frequently fall into their residence’s garden and have caused severe damage to their windows. They have unsuccessfully tried to request the Cricket Club to install nets around the part of the boundary that is adjacent to their home. They seek to claim nuisance against the Xandiapur Cricket Club.
Principle : Nuisance shall be defined as use of land in a manner that causes unreasonable interference with another’s enjoyment of their land.
It is no defence to a claim of nuisance to say that the plaintiff(s) knew of the interference that would be caused.
Facts : The village of Xandiapur has a centuries old cricket ground which is owned by Xandiapur Cricket Club and hosts matches between local teams every week. It is the only sports ground in the village and serves as a critical source of recreation for the villagers. Mr. and Mrs. XYZ purchased a home right on the edge of the cricket ground’s boundary. Balls from cricket matches frequently fall into their residence’s garden and have caused severe damage to their windows. They have unsuccessfully tried to request the Cricket Club to install nets around the part of the boundary that is adjacent to their home. They seek to claim nuisance against the Xandiapur Cricket Club.
Updated On: Aug 4, 2024
- Mr. and Mrs. XYZ will be unsuccessful because it is their fault—they purchased a home on the edge of a cricket ground. Further, the cricket ground is important for recreation
- Mr. and Mrs. XYZ will be successful because use of the cricket ground is causing unreasonable interference with their enjoyment of their home. Further, the Cricket Club cannot claim that Mr. and Mrs. XYZ brought trouble on their head
- Mr. and Mrs. XYZ will be unsuccessful because even though the ground is a source of interference, it is not unreasonable interference
- Mr. and Mrs. XYZ will be successful because they are old and have a right to live peacefully
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The Correct Option is B
Solution and Explanation
The correct option is (B) : Mr. and Mrs. XYZ will be successful because use of the cricket ground is causing unreasonable interference with their enjoyment of their home. Further, the Cricket Club cannot claim that Mr. and Mrs. XYZ brought trouble on their head.
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