Nuisance actions and farming

Despite the plethora of modern environmental legislation, common law nuisance actions still remain potentially powerful remedies. Nevertheless, the concept of nuisance does not imply a right to a clean environment but essentially involves courts in balancing competing interests. A recent decision of the Yeovil County Court provides a good example of the type of dispute that can arise between neighbours in rural areas, and the result will be of some significance to the agricultural community and provide a little comfort to hard pressed farmers.

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