Legal Question in Civil Rights Law in Pennsylvania

can i sue my neighbor for damages on my grass and landscape due to his sparrows bird feeders he has 6 feeders


Asked on 11/06/13, 7:57 am

1 Answer from Attorneys

You can sue anyone for anything at any time. Can you sue your neighbor? Sure. Can you prevail in the lawsuit? I don't know as you have not posted any relevant details.

Some things to consider:

(1) when were the feeders installed?

(2) was the grass/landscaping ok before the feeders were installed?

(3) has a landscape guy been out to look at why the grass has died? What has the expert determined? How do you know that its the bird feeders as opposed to some other cause? You will need a written report documenting this as well as pictures.

(4) What is your relationship like with your neighbor? Is it cordial? Friendly? Hostile?

(5) Have you communicated to your neighbor the problem either orally or in writing?

(6) What would be a reasonable solution? Can the bird feeders be relocated? Cost to relocate them?

(7) Assuming that you can definitely relate the bird feeders to the cost of your lawn dying, what will it cost to restore the lawn to the way it was before the bird feeders caused the problem?

If you have a relatively cordial relationship with the neighbor, try talking to him and showing him the report and extent of the damage and see if the feeders can be relocated. If you do not have a good relationship with the neighbor, write him a certified letter or have a real estate litigation/consumer law attorney do so. Paying a lawyer to write a letter is relatively cheap. Include pictures and a copy of the written report with the letter. Ask that the feeders be relocated - depending on the cost to restore your lawn, your neighbor is going to balk if its too expensive. And restoring does not mean putting down sod on your entire property either if you only had ordinary grass to begin with. So be reasonable and only demand money that will restore the grass - include materials (grass seed or sod) and labor to install.

If all else fails, then I would take the neighbor to small claims if the damage is under $12,000 (some counties may be higher but if you have costs over $10,000 then you need a lawyer).

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Answered on 11/16/13, 11:39 am


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