Nuisance And Neighbours

The interplay between farms and neighbouring properties is not an easy one. Many normal farm activities may involve unpleasant noises and odours that impact neighbouring properties. Conceivably these activities could constitute an actionable nuisance. A nuisance is an activity which unreasonably interferes with a person's use or enjoyment of his or her land; where a court finds that a nuisance exists it can grant an injunction ordering that the complained of activity cease, or grant damages to compensate for the loss of enjoyment of land. Most Canadian provinces have taken steps to protect farmers from these complaints by instituting Right to Farm legislation^1. which protects "normal farm practices" from nuisance complaints by neighbouring property owners.