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LawTalk
LawTalk, Attorney
Category: Legal
Satisfied Customers: 35332
Experience:  I am a practicing attorney with more than 30 years of experience in the legal field.
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I live in North Florida in a subdivision and our homes are

Resolved Question:

I live in North Florida in a subdivision and our homes are zero lot line. We have a pond in the back yard and my neighbor feeds ducks year round. At one count there were 80 and she refuses to stop. Anything I can do?
Submitted: 6 years ago.
Category: Legal
Expert:  LawTalk replied 6 years ago.
Is the pond on your lot, her lot, or is it on shared or common property?
Customer: replied 6 years ago.
Common property but ducks are all over my back lawn from her feeding.
Expert:  LawTalk replied 6 years ago.
Good morning,

I'm sorry to hear of your dilemma.

In my last neighborhood there was pond across the street, behind other homes, and only 9 ducks---and they made a huge mess throughout the neighborhood. I can only imagine the damage caused by upwards of 100 of them.

Get a copy of the letter that the HOA sent to her that she ignored--to use as evidence---and then sue her for Nuisance in small claims court. You can sue her for as much as $5,000 and I can pretty much guarantee, you WILL get her attention.

Nuisance is defined as a substantial interference with the right to use and enjoy land, which may be intentional, negligent or ultrahazardous in origin, and which results from a defendant's activity.

I'm relatively certain that with a couple of photos of the mess left by the ducks as well as a one of the huge population you describe, that the judge will rule in your favor.

I wish you the best in 2010.

Thank you very much for having allowed me to assist you. Please, remember that I only receive credit for helping you when you Accept my answers. Until then your payment is simply held on deposit. Subscription customers incur no additional charges by Accepting. So, please click the ACCEPT icon. Thanks again.

Doug








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