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The next step is to have an attorney send a Demand letter to the neighbor. You can send the Demand letter yourself, BUT is generally has greater effect when coming from counsel.
A demand letter is the first step prior to bringing a law suit. The target audience is not necessarily your neighbor, but rather the court that will see the letter as part of your lawsuit. A demand letter civilly, politely and professionally describes the problem and states the remedy that you are requesting.
This link describes how to write an effective Demand letter.
The next step after the Demand letter is to file a civil lawsuit against the neighbor for creating a private nuisance. A nuisance as defined in Maryland, is anything that unlawfully annoys or does damage to another. To succeed in a private nuisance suit you must show (1) diminished value of the property as a dwelling and (2) an interference with the ordinary comfort and enjoyment of the property. You must show substantial harm to establish liability for a private nuisance. Unreasonable noise (such as a continuously barking dog) has been recognized a a nuisance.
So you want to do the following: 1) Get an opinion from a realtor about the value of the properties as effected by the noise. 2) Video and audio record the noise coming from the birds. 3) Use decimeter to measure the noise and video record that as well. Make the recordings during different parts of the days. 4) get affidavits from neighbors as well.
Next you will file the lawsuit. Again it would be better to have an attorney do this for you to make sure you do not miss anything. It will probably be more affordable in the long run, and if several neighbors join the costs would be very manageable. Also you will improve your odds with multiple plaintiffs.
Or you can go the small claims court route, but the amount of your damages will be limited.
Here is a sample complaint form that you can use to draft the complaint:
This Maryland case describes the law regarding nuisance:
This article has useful information on this issue:
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