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Stuart J
Stuart J, Solicitor
Category: Law
Satisfied Customers: 22624
Experience:  PGD Law. 20 years legal profession, 6 as partner in High Street Practice
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The owner of the 2 acre (est) field immediately next to my

Customer Question

The owner of the 2 acre (est) field immediately next to my home introduced 4 free range pigs 4 years ago. He told me that the pigs would soon be moved away but this never happened. The accumulation of years of excrement smell is awful and now he is heaping piles of root veg as food and these are going rotten. He has told me of various business plans but none of these have been fulfilled as far as I can see and the pigs are kept as a hobby. He is not a farmer and has another job. The smell is nauseous and the flies in summer are bad and I worry about hygiene and rats. I have spoken with the District council and no action seems to have been taken. I have written to my Parish council and await their support. Is there any way I can get these pigs moved away? Thank you, XXXXX XXXXX


The village curtilage runs along my land boundary so I am in and the pigs are out.  The village is Scopwick, Lincs LN4 3NW.

Submitted: 4 years ago.
Category: Law
Expert:  Stuart J replied 4 years ago.
Have you put anything in writing to the council?
Customer: replied 4 years ago.

My communication with NKDC was all on telephone.


My communication with the Parish council has been informal and verbal to date until today when I spent time drafting a formal letter. Thats when it suddenly occurred that DT experts may be able to advise me.

Expert:  Stuart J replied 4 years ago.




Firstly, I would put everything in writing.

I would write to the neighbour and I would write to the Council
environmental health Department and I would write to the Parish Council.



In my opinion, this is both a public nuisance (even anyone else complains
of the smell) and Private nuisance if only you are suffering. That of course,
is in addition to any potential health hazard.



A friend of mine has a similar problem and that is about half a mile away,
when the wind is blowing it in the wrong direction. You have my every sympathy.
You need to take a very firm line the Councils.



You can also threaten an application to court for compensation in
common-law nuisance and for an injunction to compel him to move the pigs from
what is it would seem, a residential area.



The more people who complain
to the councils the better

Can I help further?



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The thread remains open for us to continue this exchange


Stuart J and 2 other Law Specialists are ready to help you
Customer: replied 4 years ago.

Thank you very much for this prompt response. I wish I had thought of this before. I will write as you advise and would like to come back to you in due course.
Yours sincerely


David Webley

Expert:  Stuart J replied 4 years ago.

Glad to help. I hope you get it sorted.

Regards

Customer: replied 4 years ago.


Please can you clarify your main reply to me about public nuisance ( ??in brackets??)

Expert:  Stuart J replied 4 years ago.

Private nuisance is if only you are affected and public nuisance is if everyone in the area is affected.

All public nuisance is private nuisance also but not all private nuisance is public nuisance also