Tort Law Real Estate.docx - Running head TORT LAW IN REAL ESTATE 1 Property 1 \u2013 Nr 1 Up The Creek Street Overview of the relevant area of law(or laws

Tort Law Real Estate.docx - Running head TORT LAW IN REAL...

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Running head: TORT LAW IN REAL ESTATE 1 Property 1 – Nr 1 Up The Creek Street Overview of the relevant area of law (or laws) The relevant law subjected to this situation is landlord-tenant laws agreement to applicable rules and regulation of dos and don’ts in the properties. The neighbor is breaking the laws by being nuisance and disturbance. Also, the Landlord and tenant act of 2007 is applicable as the tenant is violating the requirement of keeping the environment quiet and favorable. The property law in real estate law in this case can be subjected to Tort Law of Negligence of in Caparo Three Stage Test in advocating for the principle of Fairness, just and reasonable in relationship with neighbor mediation solving of cases. The nuisance law is relevant as the federal government, together with the local government, prohibits excessive noise and disturbance of the peace of mind that might emanate as health hazards due to chemical, smells, or drainage effect to other properties. Possible legal ramifications The potential legal ramification is a nuisance. In the legal laws, nuisance is anything that causes noise that affects the neighbor or people around them. The neighbor is causing distress to the old couple through the noise, lighting bonfires, and its smoke. The tenant is breaking the law of nuisance that distorts peace and being unfriendly. Being unfriendly in a neighborhood raises suspicious activities that make the neighbors be under any suspicion of conducting illegal activities. Potential liabilities relevant to the parties involved In case a tenant disrupts other neighbors in the rental properties. The Landlord must investigate the circumstance and in turn, take the necessary actions. The Landlord, Ms. Dowd, is liable to the complaint claims since, in real estates, the Landlord should agree to terms of
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TORT LAW IN REAL ESTATE 2 disturbance and nuisance that affects others. Ms. Dowd needs to get details and investigate on her own about the smell and bonfire smokes affecting the plaintiff peace and comfort at the time it occurs, lasting time its continuity and relationship with the old couples. Also, the elderly couple is liable in making reports the tenant to the Landlord, Ms. Dowd, about the distress and uncomfortable environment created by the tenant. The smell was emanating from the property, and bonfire smoke is intervening with the peace of mind of the neighbors. It is the responsibility of the Landlord to have mediation and urge the tenant o stop the activity ( Strong, Strong & Williams, 2011) . Thus, the new tenant is violating the environment law of keeping noise at a minimum as it affects the health of others. The burning of a bonfire in a property owned by different neighbors is a criminal act bearing in mind that it can be associated with criminal law. The suspicious smell and emanating for the tenant and their individualism nature that makes them not be friendly seems like a severe issue. The reason is that unfriendly
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  • Fall '19
  • Law, Ms. Dowd

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