Over the past several weeks, I have noticed very strong smells of feces at the edge of my water front home. Today I witnessed my neighbor dumping a large 5 gallon drum. The Property owner has multiple large dogs on the property, she collects their waste and disposes of their feces at the water property line. This is causing extreme unsanitary conditions and is unacceptable. In addition, the smell is so horrific that it is attracting a large amount of flies and other bugs. Sadly, because of this my family can no longer utilize that lake front portion of our property. What rights do I have and what legal action can I take? I have just filed a complaint with the local Health Dept.?
State/Country relating to question: Michigan
Contacted the local health dept. Animal control is closed today.
Thanks for the chance to assist on this matter. I am an attorney with over 12 years experience in criminal law.The health department is an excellent place to state. I suspect this is a violation of at least one, perhaps several county ordinances. They can sanction your neighbor for this misconduct.But I would also consider an suit.What you describe is text book "nuisance".Under the common law, persons in possession of real property (land owners, lease holders etc) are entitled to the quiet enjoyment of their lands. If a neighbour interferes with that quiet enjoyment, either by creating smells, sounds, pollution or any other hazard that extends past the boundaries of the property, the affected party may make a claim in nuisance.Here, your claim would be against the person who is creating this nuisance...again, what you describe is a great example of nuisance.The key will be proof.Proof can be made in many ways. You can testify to what has happened. Video/audio can be very helpful...if you can capture some audio from the next time he does this, that can help show the court what is going on exactly.BotXXXXX XXXXXne: I bet the county takes action...but you also have private right of action in small claims court.
Criminal Law Expert
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