Neighbors can fight over many things with numerous examples involving McMansions noted on this blog (see here and here for two cases). How about squabbling over smells? Here are five interesting cases with two examples excerpted below:
In 2001 David and Joan Gallant bought their house outside Moncton, New Brunswick, Canada, from Lee and Shirley Murray, whose farm abuts the Gallants’ property on three sides. For years, the two couples appear to have coexisted peacefully, but relations soured for unnamed reasons toward the end of the decade. In 2013 the Murrays erected an unusual barrier on their property line near the Gallants’ house: a massive, reeking pile of cow dung so large it could be seen on Google Earth.
“The manure was fresh, unseasoned, wet, [and] raw,” David Gallant said in his affidavit. In 2015, the Gallants sued the Murrays, and were awarded $11,300 USD in damages…
In Singapore, a newly-arrived Chinese family living in an apartment next to a Singaporean Indian family could not abide their neighbors’ cooking smells—particularly curry dishes. The Indian family agreed to shut their doors and windows when they cooked curry, but they balked when the Chinese family subsequently asked them to stop cooking it altogether.
A government mediator helped them come to an agreement: The Indian family would cook curry only when the Chinese family was out, and the Chinese family would try a curry dish. The case caused an uproar in the Southeast Asian city-state, with many Singaporeans declaring that the agreement treated the Indian family unfairly and that the Chinese family should learn to tolerate Indian Singaporean cooking. A nationwide curry movement erupted, including a “Cook and Share a Pot of Curry” campaign and an annual weeklong series of curry-themed events.
Seriously, though, smells can have a large effect on quality of life. Few people want to live near a landfill or certain industrial properties. I would guess that most suburban communities don’t have a distinctive positive or negative smell outside of their regional distinctions (such as being close to the ocean or the mountains, as two examples). Perhaps this is like having a generic American accent that makes it difficult to know where someone is from – suburbs everywhere have a faint smell of lawns.
Smells can also cross property lines or units within the same property in unique ways. Indeed, you might not even notice anything until the smell is overwhelming. It can be difficult to trace the source. It may not be present at all times (in the cases above, the manure wasn’t going anywhere while a cooking smell can come and go).
Would such lawsuits involve air rights? What expectations should the average resident have that they can control the smells in their space?