RES exam question on Torts, Mortgages & Co-ownership: Disputes arise between neighbouring owners
Disputes arise between neighbouring owners. Owner A's renovation causes persistent excessive noise and dust to Owner B, and A's contractor enters B's land without permission. B then slips on a hazard that A negligently left. Which is/are correct? (i) Unreasonable interference with B's use/enjoyment of land may be private nuisance (ii) Entering B's land without permission may be trespass (iii) A may be liable in negligence for failing to take reasonable care (iv) Property torts impose no liability between private neighbours
- A(i), (iii) and (iv) only
- B(i) only
- C(ii) and (iii) only
- D(i), (ii) and (iii) only
Show answer & explanation
Answer
D. (i), (ii) and (iii) only
Explanation
(i) is correct because unreasonable interference with B's use and enjoyment of land (persistent noise/dust) may be private nuisance, (ii) a contractor entering B's land without permission may be trespass, and (iii) A may be liable in negligence for failing to take reasonable care over the hazard. Hence D.
Why the other options are wrong
- (iv) is wrong: property torts such as nuisance, trespass and negligence do impose liability between private neighbours.
Study the concept behind this question: Property Torts, Mortgages & Co-ownership (Singapore)
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