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27. If the homeowner were to sue the farmer for private nuisance, which of the following would be the farmer's best argument against liability?
The homeowner asked the farmer to move the items to a different area of the farm, out of the homeowner's line of sight. The farmer acknowledged that it was not common for farmers in the area to keep old equipment on their land in locations visible to neighbors, but nonetheless refused to move the items. Concerned that the farmer's placement of the items might adversely affect the resale value of the property, the homeowner paid for an appraisal of her own property. The appraisal determined that the market value of the property had not been diminished by the farmer's actions.
The owner of a home in a rural area had for many years enjoyed unspoiled views of the surrounding countryside from her back deck. Several months ago, a neighboring farmer placed unsightly items, including an old, rusted tractor and some machine parts, entirely on his own property, but in a location visible from the homeowner's deck.
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A is incorrect. The harm required for a nuisance claim is an unreasonable interference with the use and enjoyment of property, not diminution in its market value.
B is incorrect. There is no requirement that the alleged nuisance encroach on the homeowner's property. Items located on another person's land, if they cause an unreasonable interference with a neighboring property owner's use and enjoyment of their property, can constitute a nuisance. For example, if a person maintains a trash heap in the backyard that sends nauseating odors to the neighbor's yard, that person may be subject to liability for nuisance even though the trash heap does not physically encroach on the neighbor's property.
C is incorrect. Determinations of nuisance often rest on judgments about the character of, and common practices in, the relevant location. In this case, the fact that farmers in this area do not tend to keep old equipment on their land in places that are visible to neighbors actually strengthens the homeowner's claim of nuisance.