Legal Question in Civil Rights Law in Massachusetts
we have a neighbor abutting our property complaining of our farm and they have retained a lawyer. They are claiming we are infringing on their peace and tranquility. We have owned 40 acres for 10 years and it has been in our family for 50 years. They are complaining of noise, smell and building on our property among a few of the complaints. We are not a commercial farm but a family farm. What rights do we have. What is our recourse.
2 Answers from Attorneys
You need to hire an attorney to assist you in asserting your rights to use the property as you have been for more than a generation. What recourse you have will depend upon the claims of your neighbors, the extent of any expansion or growth your family farm has undergone, and what defenses, if any, you have at your disposal.
What are the factual occurrences that your abutting neighbor complains of? Have they given them to you in writing? Are you carefully recording and documenting those activities of which your neighbor is complaining? A well documented record of your alleged activities that are infringing on their "peace and tranquility" might serve you well in the future.
In short, if your neighbor has already "lawyered up", you would be wise to do the same. An ounce of legal protection can be worth more than a pound of legal/financial cure!
This Office provides free initial telephone consultation regarding certain real property and farm matters. Good Luck.
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