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The Rural Voice, 1983-07, Page 23(dFi)Haldwan OFA REPORT Problems created with neighbours This month's report is a background paper prepared by Johannes Jarvalt, lawyer for the Ontario Federation of Agriculture. The information should help to make farmers aware of problems our farming operations can create with our neighbours. Conversely, it gives us some idea of the rights we have to "enjoy our property without nuisance." In a general farming context, we are primarily concerned with private nuis- ance and not public nuisance. A private nuisance can be described as an unreasonable interference with the use or enjoyment of land or some right over or in connection with land or with the health, comfort or convenience of, the occupier of the land. Damages may be actual, prospective or presumed but must be material or substantial. The courts must essentially balance the reasonable use of land by one person with the decrease in enjoyment the use of the property produces for that person's neighbour, and in some cases, the community as a whole. What is a reasonable use of land is usually determined by an examination of the uses of Kind in the immediate vicinity. It has been held that because the corn - plainer "came to the nuisance" does not affect his right to object, although a person living in an industrial area would be expected to put up with a great deal more than one in a residential area. The right to complain is also not affected by the fact that the farmer's business is a lawful one and beneficial to the commun- ity or by the fact that it is carried on in a reasonable manner and with care. The following list of activities are examples of recent cases which have held those activities to be private nuisances: asphalt plant emitting noise; roots of trees growing into neighbour's land and destroying lawn; golf balls from adjacent golf course entering land; light furnace oil seeping from underground storage tank into neighbour's elevator shafts; gravel and quarrying operations with dust, noise and exhaust fumes; training and stabling of horses with noise, odours and attraction of flies and rats; electricity transformer station af- fecting reception and transmission of community antenna television system signals; reasonable construction of of- fice building increasing snow load on neighbouring building; electricity trans- mission line and tower causing interfer- ence with radio and television reception, the production of noise or sounds, heavy machinery or lumbering operations caus- ing muddying of brook and well since IN THE NEWS brook water percolated through rock fissures; breaking of city water -main flooding basement; and damage to orchards from road salt applied by highway officials. It is for the above reasons that some U.S. states have passed "right -to -farm" statutes that prohibit court action for farming nuisances. Court action would, however, still be permitted for negligence in farming. New Zurich vet Dr. Steven Wilson has joined the veterinary practice of Drs. Coxon, Leitch and Thiel in Zurich. The recent graduate of Guelph Veterinary College grew up in the little hamlet of Apsley, population 400, north of Peterborough. Before beginning vet training, Wilson worked on Canada Packers Shurgain farm near Maple, assisting with nutri- tional and pharmaceutical trials on the farm's dairy and swine herds, beef feed lot, heavy turkeys, turkey and chicken broilers and layers. All those groups can be found within a short distance of Zurich. However, Dr. Wilson particularly appreciates the opportunity to work with large animals.r' SUMMER SPECIALS Shower Stalls 30" X 30" X 74", one piece plastic walls. 2" ABS drain outlets. White 3266.02.1 1 099, Laundry Tub Complete with snap in legs plus level adjusters. (Faucets and drain pipe extra) 3268.706 1 -�i '7�-_ Single Tub 1 9 99 Come out and see our wide selection of whirlpools, tubs and showers all on display. White China Toilet Reverse trap toilet. Seat extra. unlined 5995 Vanity Sink Enamelled steel with colour mat ched vinyl rim. 4" faucet holes. OFront overflow and soap dish. 35s, ELDEC 1A'M!LL E LTL LOCATION: 7 miles north of Durham and 2 miles west of Hwy 6 Marre,Cmd Mon to Fri. 8 a.m. to 6 pm. Sat. 8 a.m. to 4 p.m. Evenings: Mon . Wed. and Fri. 7 p.m. to 9 p R.R. 2, DURHAM, ONT. 369.2144 VIS4 �I THE RURAL VOICE, JULY 1983 PG 21