Question

You have a neighbour who consistently parks his truck on his lot, but he always puts the trailer on to your property. You have asked him nicely to remove it. He says it isn't bothering anyone so he refuses to change. You do not want his work trailer that is dirty and contains harmful tools on your property. What tort could you sue him for committing?

Question 7 options:

	Tort of nuisance
	Tort of trespass
	Tort of negligence
	Tort of assault

Answer 1

Solution:

The correct option is - Tort of Nuisance. Following are the explanation for the different options:

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Tort of Nuisance:

A person who owns a property is entitled to enjoying it without any disturbance. However, if another person's improper use or enjoyment in their property creates an illegal interference, then the tort of nuisance is in play.

In this case, though Person B parks the truck on his lot, the trailer is parked in the Person A's property. This obstructs person A's enjoyment of his legal property. The trailer is dirty and contains harmful tools. Therefore, this case would be considered as a Tort of Nuisance.

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Tort of Trespass:

Tort of Trespass applies when a person intentionally enters another person's property without the necessary permission. For example, kids cutting through a property to go to the play area. In this case, Person B does not trespass into Person A's property. So, the Tort of Trespass is not applicable.

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Tort of Negligence:

Tort of Negligence occurs when a person fails to take adequate care to avoid causing damage to another person. Several factors need to be satisfied for an individual or a company to successfully sue for negligence. In this case, no damage was caused by Person B to Person A. So, Tort of Negligence does not apply.

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Tort of Assault:

Tort of Assault occurs when one person physically assaults or harms another person. In this case, Person B did not assault Person A. So, this does not apply.