COURSEWORK IN FOUNDATION IN LAW AND PROPERTY Case Study

COURSEWORK IN FOUNDATION IN LAW AND PROPERTY - Case Study Example The cause of action arises from the nuisance can be put forward before the Court. Section 106(b) of Rent Act 1977 says that or that the lessee or any person residing has been guilty of conduct which is a nuisance or annoyance to adjoining occupiers. The law allows the tenant to use the property for what ever purpose they choose, unless the tenancy agreement states otherwise. It's therefore wise to restrict the property's use to that of a single private dwelling. Also impose an obligation on the tenant not to: cause nuisance or annoyance to neighboring occupiers. The tenant of cottage 1 faces difficulties in using the path through his garden by the other tenants. Since the cottage 1 and its surrounding area is within the exclusive possession of the tenant 1, it is obvious that the using the path through the cottage 1 by tenant 2 and tenant 3 amidst of protests of the occupier is unlawful and illegal. But it is to be remembered that there should be continuous interference over a period of time with the claimant's use or enjoyment of land. ... Now we shall look into the given case and shall decide how these three tenants liable to each other. Cost cottage 1 The tenant of cottage 1 faces difficulties in using the path through his garden by the other tenants. Since the cottage 1 and its surrounding area is within the exclusive possession of the tenant 1, it is obvious that the using the path through the cottage 1 by tenant 2 and tenant 3 amidst of protests of the occupier is unlawful and illegal. But it is to be remembered that there should be continuous interference over a period of time with the claimant's use or enjoyment of land. This aspect is well explained in the case of British Celanese v Hunt (Capacitors) Ltd (3). Cost cottage 2 The same aspect which is mentioned in cottage 1 can be applied here. If the tenants of cottage 1 and cottage 3 faces the problem of wandering the chickens of tenant 2 and it causes nuisance to these tenants ,their complaint should be considered. Cost Cottage 3 The general principle in the common law that anyone can build or use whatever he likes upon his land. If the effect is to interfere with the light, air or view of his neighbor, that is his misfortune. The owner's right to build can be restrained only by covenant or the acquisition of an easement of light or air for the benefit of windows or apertures on adjoining land. This point is explained in the case Hunter v Canary Wharf Ltd. Here in ------------------------------------------------------------------------------------------------------------ 3. British Celanese v Hunt (Capacitors) Ltd [1969] 2 All ER 1253 3 this case the tenant of cottage 3 has the right to buy anything