Neighbors Sue for Horse Manure Pile Smell

[3 Horse Ranch]

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

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 doesn't stop all suits, but I can't think of a single lawsuit filed over farming operations in that county in the last 30 years. The population more than doubled in the time I lived there and homes were being built all over in the farming areas.

 

[3 Horse Ranch]

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.

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.

 

[tradosaurus]

When I had my first big boy IT job, I was singled out as the country bumpkin. One of my coworkers asked me why farmers spread cow poop on the fields rather than, and I quote, "Putting it in the sewer where it belongs."

I didn't last long at that place.

In relation to OP: If you're doing everything correctly, They have no legal leg to stand on. I think they were hoping you'd just bend the knee after seeing the word "LAWSUIT."

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.

Winning and collecting damages are two different things.

 

[tradosaurus]

I like dogs, but not wandering dogs. I was at the farm last year and this massive, male wandering mastiff got near me. It was a scary lookin monster. Wished I had my 9mm for a moment there. Ended up chasing it off with a 2x4.
There’s no excuse for gigantic wandering, territorial dogs. Could kill a child.

Went to college with a spectacular D-1 woman athlete who was killed by 2 of those Cane Corsica monster dogs.

Pit bulls and the like are an immediate "get rid of" if they are on my property. I would take no chances.

 

[tradosaurus]

I am being sued by my absentee adjoining landowner for $220,000 so I feel ya.... They claim our Great Pyrenees are a nuisance and trespassing, and have caused property damage.. even though there is no leash in law in the county they are claiming as if there was. We are in the Discovery phase right now.

In my area of the country, nuisance dogs are usually taken care of permanently. Had a guy on a local face book page complaining that someone poisoned his dog .
I made a response that if I loved my dog I would have a fenced in area to keep the dog from roaming and being a nuisance. He didn't like that answer.
Usually a Daisy BB gun is enough to deter wandering dogs on my property.

 

[ericm979]

That is exactly what I am saying. It seems to me that frivolous lawsuits are just dismissed without consequence unless there is a long history of them.

After enough of them the court system brands you a "vexatious litigant" and your lawsuits have to clear additional hurdles just to get filed. We had a former neighbor who went that way. He was a real piece of work.

 

[3 Horse Ranch]

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.

Usually a Daisy BB gun is enough to deter wandering dogs on my property.

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.

 

[tradosaurus]

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.

Unless you got right up to an animal with the Daisy BB gun you wouldn't "wound" the animal. Just stings it from a distance.

 

[MH8675309]

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.

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

 

[Torvy]

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.