An owner of land has the right to an unfettered use and enjoyment of the land and is protected by several real property (land) laws. For example, an owner is protected from another person trespassing on the land by specific legislation, the Trespass to Property Act. An owner is also protected by the law of nuisance which has evolved on a case by case basis (the common law) for over a century. The best known case in this area is Rylands v. Fletcher and the law of nuisance is most often referred to as the rule in Rylands v. Fletcher.
The rule applies to damage caused to land and other property by the escape of something from a neighbour’s lands. Common situations in the law of nuisance are odours, smoke, fumes, and herbicides escaping from adjoining lands in such a way that they affect the use and enjoyment of neighbouring lands. Other situations are wild animals escaping from a zoo or golf balls from a golf course. The interference must be unreasonable and there must be actual damage to the neighbour’s property to support a lawsuit. It does not matter whether the escape of the subject matter is intentional or due to negligence. The wrongdoer is strictly liable if damage results.
Although the main purpose of the law of nuisance is to balance the interests of owners of adjoining lands, not every interference with the use of land will constitute a nuisance and the courts have a wide discretion to be sensitive to the particular facts of each case and the history of the neighbours’ relationship.