Neighbors Horses ruining property

[toby04]

What is the name of your state? Utah
I live in a rural unincorporated area. My neighbor of 5 years,(we were here 10) has always had a few horses on her 3 acre property. She began a business boarding, training and stud service and now has 40 horses on 1 1/2 acres, her house and arena on rest. In the past she hauled manure away or spread it. Now she just piles it up in huge piles 10 feet from property line. The smell and flies are unbearable. I tried to talk to to her, relations are a bit strained because she won't pay her share of shared well and her horses have pushed over our fence. Her only response was "well I spray the barn every day". It has been a year since manure has been removed! What can I do? The Health Dept was not real helpful, "you live in the country" Thanks

 

[FarmerJ]

Your going to have to take what ever documents you have pertaining to the well and its shared cost and see a real estate atty to learn what your options may be including suing her if it comes down to it. As far as the horse manure I do have 2 questions for you. HOW far away from the well is the manure and how deep is the well? The reason I ask is that should your well become contaminated and you have to re locate it you know then you can learn from the atty what your options will be to end any agreement or your own involvement in the shared well. With out potable water she will likely be out of business. Last thing is a long shot which would be to contact your local humane society and see if there are any laws they know of that address that many animals being on such a limited amount of land. And dont forget to gather proof of the damage to your fence if you end up suing her for that damage too.

 

[dequeendistress]

Did you try contacting the ASPCA, the sheriffs dept or any other enforcing agency for cruelty to animals....IF she can afford to FEED that many horses...(assuming they are fed and the horses are not a source of "food" of other product) she most assuredly can afford to have someone clean the yards.

This is an outrageous situation as you describe it and any half brained horseman will tell you it is NOT acceptable. Locally a woman had 25 Arabian horses confiscated for reasons you have just described and there most definetly ARE laws in place that address these situations. As far as the hazards posed on yourself it maybe harder to prove---as such--

 

[toby04]

Utah Good comments, thanks
as for well costs, we are talking to atty, thats part of strained relations,
the well is 300 ft deep and 700 ft from pasture
she does take excellent care of horses in the barn (paying customers)
the ones in corral next to us are her brood mares, studs and babies, they are fed and watered, no shade or shelter. In wet weather stand in puddles. Trying to determine line between neglect and abuse.
We have documented damage to fence, we went in on it years ago, horses have pushed it down to get to our trees, they put electric wire on it, does not work half the time. We bought new posts and fence, they are unwilling to "disturb horses" so we can install fence.
I would really like to find laws on books that regulate amount of livestock and requirements for removal of manure so I can refer to in a formal letter. I have searched local govt sites. Thanks

 

[dequeendistress]

http://www.animal-law.org/statutes/utah.htm

By the way you mentioned you already have an attorney, why don't you mention this situation with them and allow them to do the research etc.

 

[toby04]

The well matter is an issue with the water co which controls the 10 properties on our block. Makes it worse because my husbands family and I are the majority, owning 6 of the properties. Trying to keep the two seperate. Thanks for link.