ABSTRACT

Chapter 4 provides detailed discussion of the torts of nuisance and trespass, two of the most important torts in agricultural law. The distinction between the two is explained, including the role of these torts in protecting a landowner’s twin rights of use and quiet enjoyment, and possession of real property. Right-to-farm laws, enacted in various forms by legislative bodies in all states, to protect farmers from nuisance suits are discussed. The policy supporting these laws is explained.