Legal Question in Real Estate Law in California

Re: Neighbors bird feeders attracting many droppings

Quick follow-up. You could even call the local health department. Many birds carry diseases and, depending on current health regulations and local ordinances, its possible she is in violation of some local health protection. When the health dept. comes around and tells her to take them down, I'll bet you she will right away.

Re: Neighbors bird feeders attracting many droppings

My apologies. Somehow I got all messed up with the computer and sent my follow-up twice instead of my primary answer once, so here is what you should have seen before the errant follow-up send.

It looks like your neighbor is creating a "private nuisance." You can sue for that, and could get a temporary restraining order, permanent injunction and even damages. Certainly, causing your property to be bombarded with bird feces would qualify as a private nuisance. Simply telling you to move your car is not an acceptable answer. Nobody wants to be outside enjoying their yard while doo doo is falling from the sky.

I would suggest that you write her a cease and desist letter, certified mail, return receipt requested. Tell her in no uncertain terms that if she does not take down the feeders by x date, you will refer the matter to your attorney.

In fact, such a letter would be far more persuasive if it actually came from an attorney. Feel free to contact me at [email protected].

Your neighbor should consider joining some aviary group for long forays into the mountains, woods or deserts if she is such a bird afficionado, rather than trying to bring them all to her and her unconsenting neighbors. If she doesn't mind the mess, that's her problem.

While I practice in Georgia, your question was referred to me because I am also a member of the California Bar.