Mr. X, a doctor, ran a practice from his house. Eight years after moving into the house, he built a consulting room at the end of his garden. The premises of Y, a confectioner, abutted X’s garden adjacent to the consulting room and they shared a party wall. X had two large pestle and mortars used for his business for at least the previous 26 years. X complained that the noise from these machines interfered with his practice and in particular listening to patient’s chests and otherwise concentrating. Y took the defence of prescription.
Y will be held liable for committing nuisance to X.
Y won’t be held liable as the period of 20 years has expired and the nuisance is legal now.
Y won’t be held liable as he himself came to nuisance.
None of the above.
Y will be held liable for committing nuisance as the right to make the noise and vibration commenced only twenty years after they first became a nuisance and they did not become a nuisance until the plaintiff built his consulting room. Hence the correct option is a.