After the Leans began to use their new swimming pool, they found that they could not use it because of the smell coming from their neighbour's chicken coop. They knew of the chickens when they moved in but had no idea that the smell could be so overpowering, especially during the summer. Which of the following is true with regard to the legal position of the parties?

Question

Quizplus · Accepted Answer

The legal remedy for the Leans would be to sue for nuisance. Nuisance occurs when a person interferes with another person's use or enjoyment of their property, and the interference is unreasonable. In this case, the odour is preventing the Leans from using their swimming pool and is an unreasonable interference. The neighbour may be able to argue that they are carrying out a lawful activity, but it will depend on the circumstances of the case. Strict liability, assault, and trespass would not be applicable in this situation as they do not apply to cases of nuisance.

After the Leans Began to Use Their New Swimming Pool