Tresspass/Nuisance - Essay Example

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Tresspass/Nuisance

Identify this and explain the procedure that the defendant should or could take to help rectify the situation? Planning control ensures that constructions are constructed in line with laid rules and regulations. It basically ensures safety of buildings and constructed structures and sites. From the case study, planning control breach has occurred. This is during the erection of scaffolding by the defendant. According to planning control, neighbours ought to inform or consult each other in case the other would like to construct a structure that might inconvenience the other in any way, for instance tall buildings among others. This is to ensure that the structures in respective areas are in line with laid plans of the engineers in charge of planning. The defendant ought to consult the plaintiff before commencing erection of the scaffolding. The scaffolding erected trespassed into air space of the plaintiff’s property (Desty and Rich 41). Question 2: Name the authority that would have instructed the defendant that they are responsible to pay for damages? The authority responsible in instructing the defendant on payment of damages to the plaintiff is the attorney general. The attorney general helps the plaintiff in recovering damages caused by defendants by asking them to pay. ...Show more

Summary

Introduction Construction engineering is one of the trickiest sections of engineering. This is due to disputes that often arise. Trespass or nuisance is one of the most common disputes in construction among neighbours. This is because neighbours ought to consult each other in case they are intending to put up new structures that might lead to dispute or trespass…
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