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We have 140 acres we use to raise and sell hay. We have

Customer Question
We have 140 acres...

We have 140 acres we use to raise and sell hay. We have erected a 4 strand fence to keep domestic animals out. Our neglectful neighbor has roughly 65 goats he cannot contain that is destroying our hay. We have contacted local and county authorities numerous times and left him messages w no outcome. The authorities tell us they no him and will talk to him. We have pictures and videos. We re losing money. We didn't get hat last year and now this year it is going to happen again.

Lawyer's Assistant: What state are you in? It matters because laws vary by location.

Colorado

Lawyer's Assistant: What steps have you taken so far?

Put up fence...cost thousands. Called local authorities. Called county authorities. Called the person directly and left several messages.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Can I file a civil lawsuit to get his attention. I have asked to shoot them but cops said I would be arrested for cruelty.

Submitted: 2 months ago.Category: Real Estate Law
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Answered in 1 day by:
5/28/2018
Real Estate Lawyer: Legal Eagle, Lawyer replied 2 months ago
Legal Eagle
Legal Eagle, Lawyer
Category: Real Estate Law
Satisfied Customers: 14,373
Experience: Licensed to practice before state and federal court
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Hello! I am a licensed attorney, admitted to practice in state and federal court. I have a nearly 100% satisfaction rating (click here for more info) so all that means is that you can count on me to help today. Because I want to provide you with the most accurate answer possible, do you mind if I take a moment to review your question?

Please keep in mind that our conversation does not include an attorney-client relationship and this is for general information purposes only.

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Real Estate Lawyer: Legal Eagle, Lawyer replied 2 months ago

I’m sorry to hear about this situation. The answer to your question is yes, you can bring a lawsuit.

This appears to be what’s called a private nuisance and a trespass. A private nuisance occurs when a person substantially interferes with the use and enjoyment of the land of another. To establish this claim, the party alleging the nuisance would have to claim that the defendant created a condition that was harmful to the plaintiff’s health; was indecent/offensive to the senses; was an obstruction to the free and ordinary use of the plaintiff’s property; or was some otherwise dangerous condition as a part of their claim. The plaintiff must also show that this conduct interfered with the plaintiff’s right to use or enjoyment of the land and that a reasonable person would be annoyed by this conduct. To help make sense of this, imagine if a neighbor burned their leaves every day and the fumes went onto the plaintiff’s property. If the plaintiff was never home, they would not have a nuisance claim. On the other hand, if the plaintiff lived next door full-time, and the fumes kept them from going outside, they would have a nuisance claim. As far as trespass, if they cannot keep their personal property (the goats) off your land, then you could sue them and have a judge order they keep the goats off the land or have the land the goats have destroyed paid for by them if you were to bring a lawsuit.

You may want to consider just writing a cease and desist letter advising about the merits of the nuisance claim. There’s a site that I’ve used in the past where you can find a good template cease and desist letter (click here). Lawyers use letters like these often to enforce their client’s rights. It only costs $10 and it is way cheaper than litigation.

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