Question

Using IRAC Method answer the following case scenarios:-

Olivia is a keen gardener. She is particularly proud of the large mango tree in her backyard, the branches of which overhang her barbecue area and provide her with shade. Olivia awakes one morning, however, to find that her new neighbours had lopped off almost half the branches of her mango tree, hoping to get more light into their main bedroom. Olivia is furious and seeks your advice. What legal guidance will you give her? Support your answers with applicable case law.

Answer 1

Issue: Olivia's neighbors lopped off almost half the branches of her mango tree.

Relevant Law:

The relevant Law for the upper case is Torts and Trespass.

Apply to the facts: Under this case, the neighbors of Olivia have no right to cut down her tree without her permission. The tree comes in her property, so they do not have any right to cut down the tree without asking her.

Conclusion: It states that the neighbors do not have any right to cut down the tree of Olivia without her permission. She has all the legal rights to sue her neighbors and ask for the compensation regarding the tree's cutting. Moreover, an individual cannot take Law in their own hands and take actions. Olivia should approach the court of Law.