Q: I live in a home with a relatively small backyard. The houses surrounding me are all very similar. My neighbor has put up a pigeon coop in the middle of his yard and even added an addition to the coop. At least 50 pigeons leave droppings all over, and during the warmer months, the neighbor whistles for half an hour or so to have the pigeons fly over a few houses in a circle. Of course, one of them being mine. They also rest on our roof throughout the day. I have called the village to see if this is allowed. The only thing the village did initially was have the neighbor move the structure to the middle of the yard but said it is OK for the birds and the coop to be there. I am sure that this structure is decreasing the value of my home as it is an eye sore, not to mention any potential health issues that I could be facing as a result. Do I have any options with this?
A: Have you discussed your concerns with your neighbor? That’s the very first thing any property owner should do whether you live in a single-family home, a condominium or a cooperative housing apartment. There are two reasons for this: First, your neighbor may not be aware of your concerns and may be willing to work toward resolving the matter.
But equally important, should you have to file suit against your neighbor, the first thing a judge will ask is “Have you talked to the neighbor?”
If discussion does not work, I believe in the power of the press. Many years ago, I worked for a small newspaper. Believe it or not, a cow fell off a moving cattle train on the way to the Chicago stockyards, and landed (dead and upside down) in the middle of a city street. The cow was there for two days; the newspaper printed a picture on the front page, and hours after the paper was on the street, the cow was off the street. The city fathers did not like the adverse publicity.
So I would go to your local TV station and ask them to film the neighbor blowing his whistle. I suspect that may get some attention from your local government.
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If all else fails, talk with a local attorney about filing what is known as a nuisance lawsuit. In law, there are two kinds of nuisances: public, such as air or water pollution; and private, such as noise from a neighbor, or — as happened in a recent District of Columbia lawsuit — secondhand smoke.
If you can demonstrate your health is affected by the bird droppings, or your peaceful enjoyment is affected by the constant whistling, the judge may grant an injunction. Equally important, often the mere filing of a lawsuit gets the attention of the other side and a compromise resolution is reached out of court.
Q: My former husband and I were married for over 20 years. I could stay in the house, but my ex-husband holds a second deed of trust from me and is still on the original mortgage. He is now filing a foreclosure notice. I have missed the past three months of mortgage payments because of having to pay attorney fees because my ex-husband is always taking me to court. What can I do to stop him?
A: I would immediately get a local real estate attorney to defend and challenge the foreclosure sale. If your ex-husband has been taking you to court on legitimate issues, then I am not sure what defenses you have other than to try to sell the house. Did your divorce decree cover who gets the sales proceeds if the house is sold?
If your lawyer can convince a judge that the complaints filed by your ex-husband were merely to harass you, perhaps the judge can be persuaded to cancel the foreclosure sale and credit you with the legal fees you paid for the past payments on his mortgage.
Benny L. Kass is a practicing attorney in Washington and Maryland. No legal relationship is created by this column; [email protected].