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LawTalk, Attorney
Category: Legal
Satisfied Customers: 37815
Experience:  I am a practicing attorney with more than 3 decades 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.

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