Legal Question in Real Estate Law in California

bird problems

This is my situation. recently our neighbors had a bird service come out and do work to repel birds from there roof. It worked, however now the birds are nesting on our roof and creating a mess with bird droppings on our patio and sidewalks. Prior to this we would get a few birds every now and then but nothing significant. We have reached the point that we can no longer let the birds continue as it has become unhealthful to have the constant piles of bird dropping. Is there any recourse against the company who did the service at the neighbors(neighbors are friends and I will not do anything to them)? The service did an estimate for our house and came in at over $1,000 for a basic service not including many areas which will need to be done to prevent further messes.

It almost seems like a scam to do something like this in a residential area as once it has been done to one house the birds merely move to the adjacent houses and so on. Great job security for the company.

Is there any recourse available?

Thank you in advance.


Asked on 7/07/04, 1:32 pm

1 Answer from Attorneys

Michael Olden Law Offices of Michael A. Olden

Re: bird problems

Basically, only if they did something negligent. They did their job as to their customer. Wollack causes problems for you get no longer causes a problem for the customer. I don't think they necessarily have a responsibility to adjacent landowners. My suggestion is called them and deal with them in such a way as you see if you can get a discount applicable to their fee if they do the same thing to your house. If you find an attorney who does feel that they have some responsibility toward you even though they have no perfidy with you, "contract" then see if he will take the case on some form of contingency rather than charge you. probably not --- good luck

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Answered on 7/08/04, 12:34 pm


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