Neighbors and roosters: What to do about the noise?

Several months ago, our neighbor bought a rooster and chickens. We live in a block of regular houses, not in a farming area. Now every morning before the sun comes up, the rooster starts crowing and doesn’t stop for hours on end. I’m about to lose my mind. What can we do? – Gerard

Answer: There’s a trend in suburbia for people to get animals traditionally found on a farm. Normally, I have the philosophy that good fences make good neighbors, but your situation appears to have reached the tipping point.

As always, when you deal with a neighbor, your first approach should be to have a conversation, explaining the problem. With any luck, this will resolve the issue. If it doesn’t, you may have to take a more aggressive approach.

If you live in a homeowner’s association, check your rules. The large majority of planned communities ban agricultural animals. If this is the case, you should alert your management company, which should take care of the problem.

Most suburban municipalities ban, or severely limit, chickens and roosters in residential neighborhoods. If these animals are prohibited in your area, you can make a code compliance complaint and let your government officials know about the problem. Be aware, though, that you must go through the code enforcement department – not animal control.

Finally, if nothing else works, you may need to sue. While we all are free to the reasonable use of our own properties, we can’t use the land in a way that interferes with the neighbors’ rights to enjoy their properties. The law considers this situation a nuisance, and you may sue to stop their actions and possibly win damages.

While this sort of lawsuit can be difficult to prove because determining a nuisance is subjective, people have been successful in suing neighbors to stop foul odors, plaster dust from constant renovations, loud family arguments and even annoying wind chimes. The judge will try to balance your neighbor’s rights to use the property with your rights to enjoy your home.

Suing a neighbor can be time-consuming and lead to a severely strained relationship. But sometimes it’s the only solution short of selling your property and moving away.

About the writer: Gary M. Singer is a Florida attorney and board-certified as an expert in real estate law by the Florida Bar. He practices real estate, business litigation and contract law from his office in Sunrise, Fla. He is the chairman of the Real Estate Section of the Broward County Bar Association and is a co-host of the weekly radio show Legal News and Review. He frequently consults on general real estate matters and trends in Florida with various companies across the nation.

Source: Florida Realtors