Question

Mr K is owner of a building containing many rooms and earns rent from it. Mr Y is owner of an adjacent cotton mill which causes noise and smoke, forcing tenants to vacate rooms and resulting in loss of rent for Mr K. Which tort applies?

• A. Damnum sine injuria
• B. Trespass to land
• C. Nuisance
• D. Negligence

Hint:

Private nuisance affects the rights of an individual to enjoy their property.

Answer 1

The Correct Option is C

Step 1: Define nuisance.
Nuisance is an unlawful interference with the use and enjoyment of land.

Step 2: Apply facts.
Noise and smoke from Y's mill disturbed tenants, reducing K's income. This clearly interferes with enjoyment of property.