If the farm moved in a started doing all that stuff in an area zoned residential I could see your point. Since residents moved in next to the farm and started complaining about farming activity I can’t. This is why a lot of farmers quit, or their kids just get tired of dealing with it and don’t want to. Regulate that.
In Washington State there is a form that is included with the escrow papers that basically says that the purchased property is in an area with farms, mining or industry, as a result may include smells, noises, traffic and dust. The form is signed and included with the county paper work. It cuts down on a lot of law suits.
We have horses and as far as manure goes there is very little smell if anything once you get past it getting rained on. Maybe the OP should consider starting a pig or turkey operation so the accusations could be worthwhile but still pointless at the same time.
Years ago I was working someplace in Vermont, traveling past an ice cream shop surrounded by fields. It was early spring and they were spraying those fields while the ice cream shop just kept serving customers. Back then I was apt to stop and get something for the ride home, but I never stopped there.
I would be that neighbor they hated. Every October I’d be knocking on their door saying “Mind if I get a few trailer loads of ***t?”
No - when people buy they sign the form as an acknowledgement that they are aware of farming in the area. This is proof that they knew going in that the property is near farm operations that include noise dust odors etc. This law is to keep people from shutting down farms over natural effects of farm operations. It may protect a real estate agent from a suit too but its main purpose is to protect an existing farm. The case study shows how this evolved over a period of time
You are confusing the stated purpose, protecting farmers, with the actual purpose, protecting realtors. People still sue the farmers maybe they win, maybe they lose. The suits are a problem even if you win. Costs, both monetary and time affect farmers despite the law. Realtors, though, don't get sued anymore because their only risk would be not telling a buyer about a problem. Lawyers will not take the case against a realtor because the signed declaration covers them.
We have a local judge who is the opposite. He doesn't seem to want to dismiss anything for fear that the court of appeals will tell him he has to hear it and mess up his golf schedule. When he is involved, it seems to be settle or go to trial.
They also can't claim that said operation is lowering their property values as it was an existing factor when they bought it. It's sort of the equivalent "buying as is, no warranty" paper you sign when buying an older used car.
It's going to be a bit difficult to find a lawyer who will take it on contingency. The complainant will have to pay the lawyer up front, and that tends to stop a lot of suits from ever being filed. When the lawyer starts talking about thousands of dollars in fees, well maybe the smell isn't so bad after all.
The problem is they have legal fees for this frivolous lawsuit. I probably would have represented myself in court and filed motion to dismiss or keep delaying the lawsuit.
Pit bulls and the like are an immediate "get rid of" if they are on my property. I would take no chances.
There was a pit bull living near me that would chase my car every time I drove home. The road was on the outside of a green belt adjoining the development. One night on the way home I saw a pair of eyes in my headlights and then they disappeared. As I drove by a power pole I heard a bark growl thump as it tried to chase my headlight as I passed. I went and turned around and came back and saw no sign of the dog then... or ever again. I don't know if I mortally wounded it, or if the owners decided to keep it fenced in after that. It broke the plastic wheel well molding on my Cherokee, but it fixed easily with a little glue.
Around here you would be better off to kill it outright than wounding it and facing animal cruelty charges. The media loves to show X-rays of BBs under a dog's skin.
These forms are required in any real property transaction whether a real estate agent is involved or not. Its a state law and is in place to protect buyers and sellers of real property. I sell real estate in Michigan
That makes sense.
