Law 6
The choice of property is not only defined by a willing buyer willing seller but also by the principle of property law under tort law. Each decision has an underlying consequence. Mary cannot seek relief for her choice since she is supposed to perform due diligence (Epstein, 2010). In Temloc v Errill Properties, 1987, the court ruled that law does not supersede due diligence. When looking for a property, the buyer must have a clear understanding of the property they are purchasing (Epstein, 2010). Besides, under contract law, they have the willingness to give a counteroffer and set conditions for the purchase. As such, even if Mary found a loophole in the statute to seek relief, she does not have a winning claim.
The farm does not have to close and can seek a reprieve from a law court. Section one of the US constitution provides equal legal rights to all US citizens and entities (Cross & Miller, 2018). Besides, the farm existed before Mary purchased her property. However, Mary can seek a court adjudication for specific performance ruling, which will force the farm to reduce its emissions. However, the court farm is not mandated to close down.
The hog farm can sue for damages due to the legal principle of trespassing. Most state laws require that the affected person first reports the act to the owner before making a complaint. The Property Rights Act under RCW 16.04.010 requires that the affected person reports to the authority or retain the animal until such a period the owner will compensate for the damages (US Senate, 2020). As such, she has no legal authority to impound, kill, and sell the hog.
Animal property ownership laws have evolved since they became part of the UK common law. However, more studies are needed to enhance these laws, including aspects such as environmental degradation, pollution, and property trespassing. However, the current legal frameworks protect these rights sufficiently.
References
Cross, J., & Miller, W. (2018). Real Property and Land-Use Control. In W. Miller, The Legal Environment in Business. Cengage Learning.
Epstein, R. A. (2010). Protecting Property with Legal Remedies: A Common Sense Reply to Professor Ayres. Chicago Unbound. Retrieved from http://chicagounbound.uchicago.edu/journal_articles
US Senate. (2020). Property Rights Act. Retrieved from Washing Stane State Legislature: https://app.leg.wa.gov/RCW/default.aspx?cite=16.04&full=true
Temloc v Errill Properties, 1987 39 BLR.30