Question
Jack is a landscape gardener who has been contracted to install a fishpond and waterfall and five garden statues at Lot 10 Smith Street. He
Jack is a landscape gardener who has been contracted to install a fishpond and waterfall and five garden statues at Lot 10 Smith Street. He drives down the street and sees a house displaying the number 10 and, although no one is home, he proceeds to commence work. He excavates a hole to install the fishpond and waterfall, and connects them both to the existing water supply and drainage. The pond and waterfall are both concreted into place. The cement statues are artistically arranged around the pond and waterfall, but are not concreted into place. Several days later Jack receives a telephone call from a very distressed owner of Lot 10 Smith Street demanding to know when he is going to carry out the work. Jack hen discovers that he has carried out the work at house number 10 Smith Street and not Lot 10. Jack approaches the owner of house number 10 requesting permission to remove the pond, waterfall and statues, but the owner refuses.
Using IRAC method please advise Jack what legal actions he can take. Which las is applicable?
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