Question

Which among the following are covered under the defences of nuisance?

• A. (A), (B) and (D) only
• B. (A), (B) and (C) only
• C. (A), (B), (C) and (D)
• D. (B), (C) and (D) only

Hint:

In nuisance cases, defences such as adverse possession and easementary rights are commonly accepted, while voluntary harm is not.

Answer 1

The Correct Option is A

Step 1: Understand defenses to nuisance.
- Adverse Possession: A long period of continuous land possession by the defendant is generally accepted as a defense in nuisance cases.
- Easementary Rights: The defendant possesses rights of way or other easementary rights, which are recognized defenses in nuisance actions.
- Good Faith: Acting in good faith may serve as a defense, particularly if the defendant demonstrates no intent to cause harm.
- Voluntary Harm: This is typically not a valid defense, as voluntary harm does not excuse the interference.

Step 2: Conclusion.
The correct answer is (A), (B), and (D) only.