LAW498: Miza owns a house in the middle of a heavily agricultural area in Kampung Permatang. She lives with her husband: Law of Torts II Assignment, UiTM, Malaysia

Miza owns a house in the middle of a heavily agricultural area in Kampung Permatang. She lives with her husband, Ahmad, and her mother-in-law, Pn Aminah. Living there, Miza has been surrounded by three different neighbors.

The first is Cheng Ho Farm, which breeds pigs for the pork industry around a nearby town, Bandar Chempaka. When the wind is blowing in the right direction, the smell from the pig farm makes it almost unbearable to be outside of her house. Although Miza has spoken to the owners of Cheng Ho Farm, there is little they can do in order to close the farm down.

The second is Gemilang Tree Farm, which grows softwood trees for the paper industry. It has been in business for nearly 30 years. Miza has recently built a garage on the south border of her property to house her vintage car collection. She noticed one day that a large crack has formed in the garage wall.

She referred the problem to a building inspector, who found substantial subsistence in the land underneath the garage, caused by the root systems of the trees growing on the Gemilang property. The building inspector noted that the garage is damaged beyond repair since the foundations will need relaying. There is a significant risk that the garage will collapse otherwise.

The third is Berjaya Agricultural Products, another farm. The farm is currently in the process of building a new cattle farming center, in order to meet the requirements of a new contract that the farm has signed with the businesses it supplies. They need to begin production within the next two months to meet their quota, and so have employed builders to work throughout the night since last week.

They are scheduled to complete the project just in time. Therefore, the building works taking place on Berjaya Agricultural Products’ property are keeping Ahmad and Pn Aminah awake all night. Miza is unaffected since she is a heavy sleeper. However, Pn Aminah has suffered from migraines since then.

Advise Miza, Ahmad, and Pn Aminah as to their rights under the tort of nuisance.

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