Section 17.72 Interest Invaded

• Library: Tort Law 2016

D. (§17.72) Interest Invaded

The right to the reasonable, peaceful, and uninterrupted enjoyment, use, and occupancy of land protects a wide-ranging variety of interests. Not only is there a right to the unimpaired condition of the land, but there is also a right to be free from conditions or activities that make living on or using the land uncomfortable. Although the courts are usually more receptive to claims that allege injury to the land, there are many cases granting relief when the injury is more subjective in nature.

Nuisances that consist of direct interference with the land include:

· flooding, Blydenburgh v. Amelung, 309 S.W.2d 150 (Mo. App. W.D. 1958);

· vibrations, Crutcher v. Taystee Bread Co., 174 S.W.2d 801 (Mo. 1943);

· destruction of crops, Bungenstock v. Nishnabotna Drainage Dist., 64 S.W. 149 (Mo. 1901);

· falling debris, Baker v. Gates, 216 S.W. 775 (Mo. 1919);

· blasting, Blackford v. Heman Const. Co., 112 S.W. 287 (Mo. App. E.D. 1908); and

· mud washing onto property, Schmidt v. Paul, 554 S.W.2d 496 (Mo. App. W.D. 1977).

Nuisances that interfere with the use and enjoyment of the premises include activities that cause excessive noise, offensive odors, injurious fumes and dust, and embarrassing exhibitions. City of Fredericktown v. Osborn, 429 S.W.2d 17 (Mo. App. E.D. 1968). In addition, the right to be free from incidents of indecent exposure as...