Nuisance law holds that an owner has the right to the peaceful use of his property. Loud noises, nauseating odors, and similar disturbances can interfere with one’s use of his property, and is thus considered a nuisance. However, nuisance is highly contextual–what is a nuisance in one context is not necessarily a nuisance in another.
For example, BBQing on your back patio will generate smoke, but not enough to disturb anyone. Building a bonfire in your back yard and sending plumes of smoke into your neighbor’s yard could be a disturbance. But building a bonfire in the middle of a thousand acre ranch will like impact nobody. In each case, smoke was generated, but a nuisance exists only when it impacts other’s use of their property.
In North Carolina, a number of nuisance law suits have been filed against hog farmers by home owners. The plaintiffs allege that the farms are creating unpleasant odors and loud noises. To date, the plaintiffs have won two suits.
The fact that the farms create nauseating odors and loud noises does not necessarily make the nuisance claims valid. The crucial issue is: Did the home owners “come to the nuisance”?
“Coming to the nuisance” holds that first in time has first in rights. If the hog farms existed prior to the construction of the homes, the home owners “came to the nuisance” and do not have a valid claim. The hog farmers have a right to continue using their property as they have been.
However, if the homes were built before the hog farms were established, then the farmers have created a nuisance. In that case, they must take actions to eliminate the odors and noises. Again, nuisance is highly contextual. In this case, the order of property use is a crucial component of the context.