What can I do about my neighbor who dumps his grass clippings along my property line?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
What can I do about my neighbor who dumps his grass clippings along my property line?
For the past several years my neighbor has been dumping his grass clippings along our property line causing my yard to stink from decaying grass. I have tried talking to him on several occasions. He has always said he will do something about it but does not. Starting this year I started setting a water sprinkler on his clipping to stop the smell, but now he is throwing my sprinkler back into my yard. What can I do about this problem?
Asked on July 12, 2010 under Real Estate Law, Massachusetts
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 14 years ago | Contributor
If the neighbor is keeping the lawn clippings on his side of the line, even if it's right against the line, there probably is little you can do about it--unless you feel that the smell is so bad that (1) it rise to the level of a legal "nuisance" (see below) and (2) you are willing to go to court against your neighbor, you may be able to get a legal order forcing them to stop this.
A nuisance is when someone takes actions on his or her own property that makes the use of neighbor's property almost impossible or untenable. It requires far more than "mere" annoyance--for example, having a neighbor leaving dead animals on his property, creating a health hazard, or playing loud music late at night, are examples of nuisances. It's not clear the grass clippings would rise to this level, though you could speak with an attorney who can evaluate the specifics of your situation for you.
If the grass clippings are on your side of the line, that's different--you have an absolute right to not have them there.
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.