Application on the Law of Tort Focusing on Private Nuisance

Running Head: CASE STUDY
CASE STUDY
Name of the Student
Name of the University
Author’s Note

CASE STUDY1
Facts:
Denver is a local organic farmer and uses the land to produce organic vegetables with his
customers mainly belonging to veganism with him being an active member of Vegan community
in the area. He sells his produce from May till October with Saturdays and Sundays being the
busiest. The property west to the property of Denver was recently purchased by Ron who is a pig
farmer. He hold pig roast in his farm every Saturday and Sunday from May till October. The sale
of roasted pigs has resulted in being personal offense to the Denver. He had suffered severe
nausea from the smell of the pigs. Denver also suffered loss in his business due to his customers
being particularly vegan and could not stand the smell of slaughtered and roasted pigs.
Issue:
The factual issue in the case is whether Ron can be stopped from roasting pigs next door
to me.
The legal issue in the case is whether Ron has committed Private Nuisance against
Denver.
Rules:
Private Nuisance: the private nuisance is a civil wrong which can be explained as the
unwarranted or the unreasonable use of one’s land or property in such a way that it substantially
interferes with the enjoyment or the use of another property1. However, the difference between
trespass and the act of private nuisance is that the former involves the physical invasion of the
1 Luntz, Harold, et al. Torts: cases and commentary.(2017), LexisNexis Butterworths

CASE STUDY2
person into the property to interfere with the enjoyment of one’s property while the latter does
not involve the physical invasion of the person into the other person’s land to interfere with the
enjoyment of the property. The act of private nuisance involves interference into another
person’s enjoyment of property by the way of odour, sound, noise, excessive light, pollution of
stream or the soil and so on. It is important to note that the claim for public nuisance is filed by
the neighbour when the acts of the person negatively affects the person’s enjoyment of his or her
property. Thus, it can be explained that any negative factor which is injurious to health or is
offensive to the senses so as to cause obstruction to the free enjoyment of the property, shall
amount to public nuisance.
Farm Practices Protection (Right to Farm) Act is the right provided by the law to the
Canadians to ensure protection to the Canadian farmers by providing them immunity from
nuisance lawsuits brought by the neighbours who are otherwise affected by farming activities2.
There are three elements of private nuisance3:
 The plaintiff is the owner of the property or has the right to possess the property through
tenancy or transfer. This is so to ensure that the property has been possessed lawfully and
the person has the legal right to enjoy the ;property or use the property freely without any
interference or disturbance from others.
 The act of the defendant has adversely interfered with the free enjoyment of the property
by the plaintiff including the free usage of the property by the plaintiff. This can be done
2 Morris, Jonathan. "One Ought Not Have So Delicate a Nose: CAFOs, Agricultural Nuisance, and the Rise of the
Right to Farm." (2017): 261. Envtl. L. 47
3 Porter, Sam. "Do the rules of private nuisance breach the principles of environmental justice?." (2019): 21-37.
Environmental Law Review 21.1