If my neighbor is erecting an open compost heap along my back fence, what is my recourse?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
If my neighbor is erecting an open compost heap along my back fence, what is my recourse?
The compost pile is open, about 3 ft. high x 3ft. wide x 20 ft long; it leans against my chain link fence. He puts everything in it including his urine and feces. The odor is getting stronger and there are many flies. The fence is approximately 20 feet from my back porch and we (used to) enjoy cooking out and sitting on our porch. We both live in suburban housing communities that back up to each other.
Asked on August 17, 2011 Georgia
Answers:
FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
From what you describe, your neighbor is causing what is called a "nuisance" in the the legal profession. Essentially what you are dealing with is a source of annoyance or vexation. If matter from the neighbor's compost heap is entering your property, you also may have a "trespass" claim.
You should first meet with your neighbor and ask that the compost pile be relocated to another area of his property away from yours and the reasons for this request. If the compost pile is not moved as requested, you might consider contacting the health department to lodge a complaint to see if your neighbor can be cited and ordered to remove the compost pile since there is human feces and urine in it.
If that option does not work to your satisfaction, consulting with legal cousel as to your options is your next step.
Good luck.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.