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CalAttorney2
CalAttorney2, Lawyer
Category: Real Estate Law
Satisfied Customers: 10244
Experience:  I am a civil litigation attorney with experience representing HOAs, homeowners, businesses and others in real estate matters.
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I have lived in my home plus years. I have two beautiful

Customer Question

I have lived in my home for 30 plus years. I have two beautiful manicured acres. The problem is my neighbor she has 4 acres and it's a run down place. 4th main problem is 4th at on the 4 acres she has 25 plus dogs, 14 horses, 3 cows, 2 goats, and many cats. The smell in the summer is horrible to say the least, 4th Flys are even worse. What rights do I have as a homeowner , I have tried talking to her but she does not want too hear what suggestions I have. Please help me I am going crazy with 4G nois3, smell and 4th constant flys. My house value is taking a huge dive because of this........help
Submitted: 2 years ago.
Category: Real Estate Law
Expert:  CalAttorney2 replied 2 years ago.
I would recommend speaking with a local property law attorney - it is likely that your neighbor is violating the local zoning laws with regard to the number of animals they have on the property. You may be able to get local authorities (animal control, zoning authorities, etc. to enforce these rules on your behalf), but if they cannot, you would have a private right of action against the neighbor for "private nuisance" - you can sue them and get an injunction against them for having this number of animals without proper facilities or proper sanitation. But I do recommend speaking to a local attorney to help you with this as you are going to want to form a strategy to deal with this globally as opposed to piecemeal and it is going to take a careful review of local ordinances (most of which I have found are generally not available, or not available in their entirety, online).Short of filing a lawsuit, you can try to mediate the dispute with them - contact your local bar association and request referrals to mediators, a third party neutral can often help you reach a mutually agreeable resolution. Use the bar association's referrals to contact a mediator or two, the mediator will then contact the other party to set up a mediation session, and you can go from there - hopefully resulting in a formal or written settlement agreement, and save yourself the time and expense of litigation.You can find local attorneys using the State and local Bar Association directories, or private directories such as www.AVVO.com; www.FindLaw.com; or www.Martindale.com (I personally find www.AVVO.com to be the most user friendly).