Can I prevent a farmer from farming my property and spraying pesticides on my property?

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Can I prevent a farmer from farming my property and spraying pesticides on my property?

I live on 5 acres of land that is a part of a larger piece of land that is farmed for sod. I have allowed them to continue using the land since I took owner ship of it but I have repeatedly asked for them not to use pesticides or herbicides on my property. I have a small pen with live stock and it has killed and crippled a few chickens and geese. They have continued to spray on my property and told me today that they will

Asked on October 15, 2018 under Real Estate Law, North Carolina

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

You can sue the farmer for nuisance which is an unreasonable interference with your use and enjoyment of the property. 
Damages (monetary compensation you are seeking in your lawsuit) would be an appropriate remedy for loss of the animals. 
Damages are an inadequate remedy for the other issues you mentioned pertaining to nuisance because of multiple lawsuits due to the continual spraying of your property and because land is unique.
When damages are inadequate, your remedy is an injunction to stop the chemical spraying of your property.


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