Question

LEGAL PRINCIPLES: 1. An unlawful intrusion which interferes with one’s person or property constitutes trespass. 2. An easement is the right to use another person’s land for a stated purpose and has been in use for quite some time. It can involve a general or specific portion of the property. FACTUAL SITUATION: Vijay wanted to construct a shed on his window to stop the water from leaking to his house. The shed was constructed but it protruded in Namit’s house. Vijay claims it is his easementary right. Will Vijay’s claim succeed? DECISION: (Answer the question after reading the following paragraph.)

LEGAL PRINCIPLES: 1. An unlawful intrusion which interferes with one’s person or property constitutes trespass. 2. An easement is the right to use another person’s land for a stated purpose and has been in use for quite some time. It can involve a general or specific portion of the property. FACTUAL SITUATION: Vijay wanted to construct a shed on his window to stop the water from leaking to his house. The shed was constructed but it protruded in Namit’s house. Vijay claims it is his easementary right. Will Vijay’s claim succeed? DECISION: (Answer the question after reading the following paragraph.)

Direction: 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.

Option A: Yes, because he has a reason to do the same,
Option B: Yes, because right of easement exists.
Option C: No, because there exists no right of easement.
Option D: No, because this is encroachment on Namit’s property.

Correct Answer

Option: b

Explanation

Trespass is the direct interference with another person or his property, which infringes the person’s right to enjoyment of his land, possession of his goods or freedom of movement, Trespass is accountable per se.

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