Neighbors Sue for Horse Manure Pile Smell

[JJT]

I've said it many times, good neighbors are priceless. We have 45 acres, 600'+ setback and sometimes that's not enough. Three out of four of my neighbors are great, one is just ok, most of the time.

 

[5030]

I had the ideal conclusion to my neighbor issue, I just bought his house and told him if he didn't like it, to leave, which he did and I had the house remodeled and now I rent it for a good profit and my renters keep their mouths shut.

 

[dodge man]

I’d try and get this over and done with. I’m a retired land surveyor and I’ve seen these escalate to the point big money gets spent on law suits, counter suites, appeals etc.

 

[Yander]

I would get rid of the pile and keep it gone at all costs until the trial is over. If you walk in with no pile and a plan to keep it gone, the judge will toss them out. I don't see him awarding anything to them even court costs if you were not in the wrong.

Trust me, you don't want to leave this situation in the hands of a judge, they may come up with a very expensive solution. I would try and to get ahold of a local garden club and make arrangements to load them up. I know I would love to be part of that. I would take an awful lot of horse crap and just till it in.

Only thing I can say about your neighbors, they are @$$holes for not coming and chatting with you about it first.

I had an issue with a neighbor who's dogs chased me everyday on my bike ride. It didn't bother me but I told her, I would like to be able to take my grandson and wife past her house without them getting scared of her dogs. She not only tried to make it my problem by telling me "I guess you just need to get yourself a can of wasp and hornet spray and use it on them, that's what we use on dogs". I said, I have no intention of doing that and you aren't going to ask a 6 year old to do this. But she was also on her ZTR when I was talking to her and when the conversation didn't end well, she started up her mower and intentionally mowed around a big rock right near her drive before I could back out and threw dust and gravel on my car.

Well, the county dog warden got a call when I got home and he said, I guess I need to go out and have a chat with her about what it means to be a dog owner in Delaware county. His exact words. Never saw those dogs on the road again.

 

[Jstpssng]

I would get rid of the pile and keep it gone at all costs until the trial is over. If you walk in with no pile and a plan to keep it gone, the judge will toss them out. I don't see him awarding anything to them even court costs if you were not in the wrong.

Trust me, you don't want to leave this situation in the hands of a judge, they may come up with a very expensive solution. I would try and to get ahold of a local garden club and make arrangements to load them up. I know I would love to be part of that. I would take an awful lot of horse crap and just till it in.

Only thing I can say about your neighbors, they are @$$holes for not coming and chatting with you about it first.

I had an issue with a neighbor who's dogs chased me everyday on my bike ride. It didn't bother me but I told her, I would like to be able to take my grandson and wife past her house without them getting scared of her dogs. She not only tried to make it my problem by telling me "I guess you just need to get yourself a can of wasp and hornet spray and use it on them, that's what we use on dogs". I said, I have no intention of doing that and you aren't going to ask a 6 year old to do this. But she was also on her ZTR when I was talking to her and when the conversation didn't end well, she started up her mower and intentionally mowed around a big rock right near her drive before I could back out and threw dust and gravel on my car.

Well, the county dog warden got a call when I got home and he said, I guess I need to go out and have a chat with her about what it means to be a dog owner in Delaware county. His exact words. Never saw those dogs on the road again.

You are assuming he wants to get rid of his horses.

 

[dodge man]

I think he said he cut back on his horses and won’t have large piles in the future. Any chance you give horse rides to needy kids? That would really make the neighbor look bad.

 

[jaxs]

IMO lawyers and judges smell much worse than horse manure. Since you have hired an attorney make him earn his outrageous fee. Ask if you will recover his fee if you prevail in court. I'm surprised that officials showed up and gave opinions in the past.
I've talked to lawyers about taking cases where there was no grey area and not a one would take the cases on contingent nor assure me of winning should I pay their fees.
One case involved 80,000 sq ft of warehouses constructed within 2 feet of property line where code calls for minimum of 5 feet. That in it's self wasn't as much problem as the rainfall from roofs flooding my property which is also violation of state law. An acre of my property including driveway and side yard was swampland 10 months of year. Swampland became inhabited by Cottonmouth whereas I had never seen a single one over past 25 years. Our Shi-Tzu was bitten as she left the deck. $4k in vet bills and she died of complications. Not a single government authority would get involved,suggesting civil law suit instead. Paid consultation fees to 3 different attorneys who would only take i if I paid $5k to $7k upfront followed by $400 per hour until case settled. The cherry on top was when one of those lawyers told me "I know their attorney and he will use every dirty trick in the book until your expense causes you to drop it". That speaks volumes about lawyers and the courts that there are provisions for dirty tricks built into the system. Average people who never had occasion for suing or being sued don't believe me and those that have shake their heads in sad acknowledgment.
I've said it here before,lawyers have all of us like barking dogs with cats up trees.

 

[5030]

Had a chipper, sold it for more than I paid for it. Easier to burn branches, besides, I'm a pyro. and th ashes make good soil amendments. Potash

 

[Sigarms]

I'll reserve my comments and only say that I'm sincerely curious as to how this plays out, and hope that the OP will keep everyone updated on this situation.

 

[Sigarms]

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.

This one is easy. Is your land fenced to the point where your dogs can't wonder off your property?

We have no leesh laws in our own county. Either we are outside with the dogs or the dogs go into a fenced in area.

We only have 40 acres, but our dogs don't wonder onto other peoples property.

 

[Yander]

You are assuming he wants to get rid of his horses.

Not at all, he just needs a plan to get rid of his manure. I would put an ad on FB or CL. I have searched for manure on those sites and couldn't find any near me.

 

[Yander]

Here is an add on FB marketplace

Free Delivery on horse manure in about a 15-20 minute radius from Magnetic Springs, OH 43036. Much further than that and we'll have to discuss hauling fees. Please use Google maps to get an idea of how far you are from me. Mix of straw, hay, and manure. The mixture depends on the week. Sometimes it's mostly straw, other times it mostly manure. I dump usually once per week, but sometimes it may be 2 or 3 times. If you want to pick some up you can, but you will have to schedule at least a day in advance. If you want to drop a trailer off for me to load until it is full I would be more than happy to do so. A load would be around 15 cubic yards, or about 7,000 pounds. Free delivery is based on full loads. Partial loads may require delivery charge. I typically dump on weekends but week days are not off the table. I also usually dump in the afternoon or evening. I'll have a full load at least once a week so if you don't get it first I'm sure there will be more. First come first serve.I will be in a truck and 14 foot dump trailer so I will not be able to get in to tight spaces. If you have any questions, send a message.

 

[Rustyiron]

This whole thing sounds like neighbors from hell. I would make sure they have something else to complain about after this was all over.

I heard of a similar situation years ago and the a hole neighbor got got his well chit in. You reap what you sow.
Most places I know of have "right to farm" laws to protect these activities from the chitty people that move to the country.

 

[newbury]

IF the OP is providing FREE aged horse manure to other locals he should put up some signage asking people to sign a petition. Something to the effect of help keep this source of fertilizer flowing. Maybe ask for donations for legal fees to keep the horse manure flowing.
Try and get some testimonials from the close neighbors that know the site has been about the same for 30 years.
I worked as a stable boy at a horse riding summer camp in the 60's. Properly maintained manure piles shouldn't be a hassle.
People that move into areas should accept what they moved into.

if I paid $5k to $7k upfront followed by $400 per hour until case settled.

And don't worry about your $15K. A lawyer can bill 2 hours a month just for sending you a bill that he is billing you 2 hours a month. It can be spent quickly.

/edit and definitely think of countersuing including all legal fees, stress, the Canadian smoke etc.

 

[WM75Guy]

People like that are a pain. We have 14 acres and 2 horses. Luckily everyone around us has horses or cows or both. We tried the dumpster method, got too expensive. We now have one 2-3 acre pasture that we spread out manure as needed. We use 6 muck buckets to store the manure at the barn. When they are full, I load up the Loyal spreader and drive once around the pasture to empty it. I vary my path so it doesn't build up. It makes for nice grass in that pasture and rarely can you smell it.

 

[Williy]

To prove that the piles were there can't you get the guy that
came out to check on the complaint of the stink verify that the
piles in fact were present??

willy

 

[Jrasband]

This one is easy. Is your land fenced to the point where your dogs can't wonder off your property?

We have no leesh laws in our own county. Either we are outside with the dogs or the dogs go into a fenced in area.

We only have 40 acres, but our dogs don't wonder onto other peoples property.

I am working very hard on building a woven wire fence to enclose 10 acres of my property. The landowners are never there and have hardly been there the 25 years they have owned the place. Anytime they are around I keep my dogs contained.

 

[Sigarms]

I am working very hard on building a woven wire fence to enclose 10 acres of my property. The landowners are never there and have hardly been there the 25 years they have owned the place. Anytime they are around I keep my dogs contained.

From my experience with dogs who aren't on a lead, they don't know boundaries unless their "masters" are with them and they are somewhat trained. If they go on one neighbors property roaming, they can go on anyones property given enough time.

Don't get me wrong, you'll always have that exceptional dog who never leaves sight of their "home", but even then, "nature" can kick in and off they go be it a running rabbit or other 4 legged creature, or they aren't spayed or nurtured.

I just live in a rual county where for whatever reason, people who own dogs don't either fence them in or watch them, and they're roaming all over the place.

I have a blue tick hound that when we first came to us you had to watch him like a hawk or off driving around roads I went looking for him. He use to drive us up the wall because he'd be good at being outside, then, you take your eyes off of him for 5 minutes and I'd bet getting a call from my neighbor telling me she had seem him running across the field in her backyard across the street. He would always be wearing the training collar LOL This guy is now one of the older ones in our home, and his running days are expired, and we never have to worry about him wondering around because he finally realizes how good he has it LOL

I only have barb wire going around the property lines, but a Dogtra training collar/collars has worked wonders when we take anyone out back for a walk with us.

 

[Hay Dude]

Treat others the way you would like to be treated.

 

[Sigarms]

Treat others the way you would like to be treated.

A VERY good rule of thumb.

My philosophy in business as well.

That said, you know the old saying "the customer is always right"? I'll let you in a little secret... it's not true and sometimes if you're lucky, you don't have to fire the customer and they just go away

Sad to say, you have neighbors like some of these customers.

I've told the story of the one tree stand I took down on my property. None of my neighbors knew who it belonged to as I asked. I was out mowing a back field the other month and I noticed something that caught my attention on the other side of the fence that wasn't too far away from the tree stand I had found. I had to stop and look, but it was a pretty well concealed hunting blind. It wasn't on my side of the fence, so I of course let it be because it wasn't my property or on my proerty. If I were to guess, a neighbors older kid. I caught this person one time shooting a rifle from their car driving home one day years ago. Talked to another neighbor, and said they could see this person doing it as they were related.