How does a smoke stack not intrude on private property of individuals? For example, smoke goes out, sut comes down on laundry. Can the owner of the laundry sue? Force the smoke stack to close?
Who was there first?
Indeed, it’ll all come down to who homesteaded the property first.
I take it if the homeowner was there first, the homeowner can sue, but if the smoke stack was there first, they cannot. How is pollution dealt with in general?
If it’s on your property it’s your business. As soon as it leaks onto mine we have issues.
If I were to construct an imaginary scenario:
I “discover” a rather large area of land, of which I homestead a portion. On this portion of land, I build a large “smoke stack”, so large that even though I have never been there - nor have I seen it the soot from the smoke stack travels to and covers the entire body of land.
Now, someone else comes to the other side of the island and sets up a camp. It is obvious no one has ever been there before, but the soot covers the area which he attempts claim as property.
Can he justify his claim to property? Or is the first man the owner, by virtue of his long distance soot shooter? Or, is there partial ownership by both parties?
When he tried to claim that property, the massive smoke-stack was already there thus the presence of soot in the near area was a fact that he would have to accept when he did that.
He does not own the land where the soot falls by virtue of the soot falling on it; however, he does own the right to have soot fall on that land.
This was the answer I expected. I just wanted to see what was said. Thank you.
Your welcome.
The “polluter” has created a pollution easement.