Legal Question in Civil Litigation in Massachusetts

Pigeons

There is an action for nuisance that you can file against your neighbor.

If you need assistance, contact me.

Re: Pigeons

You probably don't legally "own" the air space above where you live, but if the pigeons are creating a legal "nuisance" to you and interfering with your ability to "quiet enjoyment" of your home life and, arguably, diminishing the value of your property, you may have civil claims against the neighbor. The most likely resolution would be to force the neighbor to take steps to stop the nuisance to you, but a court would also seek to strike a fair balance between your rights and the neighbor's right to raise and fly pigeons.

You might want to contact the Board of Health and the Housing Department first, before considering a nuisance action against the neighbor, to see if the pigeons create a violation of applicable regulations. If so, those boards might msolve the problem for you.

Let me know if you need help.