A neighbor experiences odors from a nearby industrial project that substantially and unreasonably interfere with his use and enjoyment of his farmhouse. Which doctrine provides the neighbor with the best chance for recovery?

• A. Private nuisance
• B. Public nuisance
• C. Constructive eviction
• D. Waste

Answer: (A)

Private nuisance protects a landowner’s or occupant’s use and enjoyment of land from non-trespassory interferences caused by another’s conduct. Odors from an industrial project that substantially and unreasonably interfere with the neighbor’s use of his farmhouse fit this doctrine because they are a non-trespassory intrusion that disrupts daily enjoyment of the property. The typical remedy is damages or an injunction to stop the odor.

Public nuisance would require interference with rights of the general public, not just one neighbor. Constructive eviction involves a tenant’s claim against a landlord when premises become uninhabitable, which doesn’t apply here. Waste concerns improper consumption or disposal of property by someone in possession, which also doesn’t fit this scenario.