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N Cal Attorney
N Cal Attorney, Lawyer
Category: Real Estate Law
Satisfied Customers: 9038
Experience:  Since 1983
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I have lived in my current location for almost 40 years and

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I have lived in my current location for almost 40 years and recently a small farm was sold and has been converted to a larger farm with many more cattle. The problem I am having is that the manure pit emits a large amount of fumes from early evening till early morning. I can't open windows or enjoy the evening time on my decks. The smell is to obnoxious to deal with. I did contact the farmer to see if there was an alternative to this problem and his response was merely " I can't control the weather pattern". I contacted the Local Sheriffs office to lodge a complaint and they referred me to DEC. I have sent an e-mail to DEC and I will call them on Monday morning. Is there anything else I can or should do. This is absolutely uncalled for.

I'm sorry to hear this.

I'd like to ask how large the properties are and how they are zoned.


Does your property border the other property?

Customer: replied 3 years ago.

Mine is only an Acre an a half

Their's is approx 300 acres and no they are not zoned


My property does not physiacally touch theirs but it is relatively close

Are they grazing cattle or operating a feed lot?


Which County is this in?

Customer: replied 3 years ago.

It is a dairy cow farm and it is in St,Lawrence County in the township of Lisbon

Customer: replied 3 years ago.

The past three nights from approx. 7pm till 4am these odor are so strong and at times nausiating. I don't know how i would cope without air conditioning. I would most likely have to get a motel. Thank you for your interest

It sounds like the neighbor can be sue for maintaining a nuisance, see whch states: "a private nuisance is interference with the use or enjoyment of land that causes an injury in relation to an ownership right in the land.
In order to prevail upon a cause of action for private nuisance, the Petitioner must demonstrate (1) an interference substantial in nature, (2) intentional in origin, (3) unreasonable in character, (4) with a person’s property right to use and enjoy land, (5) caused by another’s conduct."

You can get a free consultation from some of the local real estate attorneys listed at

Please follow up on this with a local attorney.

I hope this information is helpful.
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