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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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My neighbours have several horses and are managing their waste

Customer Question

My neighbours have several horses and are managing their waste badly. They poo pick the file once weekly and store this with the wet straw used as bedding in an open trailer for 6-8 weeks before removing it. As you can imagine this is resulting in an odour problem. I have now got a medical condition called cellulitus (as a result of a bite I received in 2008) that means every time I am bitten by a stable/horse fly I require immediate oral antibiotics to get the infection under control. If this fails I require intravenous antibiotics - this has happened twice (2008 & 2014) in fact in 2014 I was hospitalised to get 4x6 hourly intravenous antibiotics. What are my rights, do I have any? The local environmental health say because I no longer react the same as a normal person there is nothing they can do. Although they have acknowledged that they are not using best practice regarding their waste, but as everything relating to the keeping of horses is in guideline form there is nothing they can do. Can you help me please. I am no longer safe in my own home if I open a door - if I was bitten on the face or neck it could be life threatening. Can you please help me.
Submitted: 1 year ago.
Category: Law
Expert:  Ash replied 1 year ago.
Hello my name is ***** ***** I will help you with this.
Have you approached your neighbours about this please? If so, what did they say?
Customer: replied 1 year ago.

We did in 2008. They said they were too busy to poo pick field more than once weekly. The next week we got a lawyers letter telling us that we were not allowed on their premises. I forgot to mention that I live in Scotland.

Expert:  Ash replied 1 year ago.
You need to write and ask them to stop or say you will seek an injunction to stop them. If they refuse then you can seek a Court order.
You would need to complete form N1
http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n001-eng.pdf
And N16a
http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n016a-eng.pdf
The court will list the matter for a hearing and decide whether to make an injunction. You are claiming it is a nuisance because of the smell and flies. Therefore this is actionable and you can take a claim to Court.
Can I clarify anything for you about this today please?
Alex
Customer: replied 1 year ago.

You haven't really answered my question. On the home page there is a reference to odour/insect nuisance it states that you are protected from putting up with this under the act. How are you protected, what act and can you send me the link to this information. Thanks Anne.

Expert:  Ash replied 1 year ago.
This is a statutory nuisance, this is common law. Therefore there is no Act of Parliament.
Its like contract law, nothing exists in an Act of Parliament, it is common law.
Does that clarify for you?
Regards
Alex
Customer: replied 1 year ago.

Not really Alex.

What does it mean when it says "you are protected from having to put up with this under the Act,". How exactly are you protected?

Regards

Anne.

Expert:  Ash replied 1 year ago.
Anything that causes a nuisance, this can be smells, noise, etc it is the unreasonable, unwarranted, or unlawful use of one's property in a manner that substantially interferes with the enjoyment or use of another individual's property, without an actual Trespass or physical invasion to the land.
Does that clarify?
Alex
Customer: replied 1 year ago.

You still haven't answered my question. Exactly how am I protected from having to put up with this under the Act.

Anne.

Expert:  Ash replied 1 year ago.
Because the law says you should not have to put up with it. There is small coming, it is illegal for them under nuisance for them to do this. Therefore if it is illegal and you can take it to court. A court can order an injunction that they must stop or limit the odour.
If they do not they are in contempt of court by breaking a court order. They can then be warned, fined or sent to prison by the judge for breaking a court order.
That is how you are protected.
Does that clarify?
Alex
Customer: replied 1 year ago.

What do you mean by "there is small coming".

Anne.

Expert:  Ash replied 1 year ago.
Smell sorry.
Alex
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience: Solicitor with 5+ years experience
Ash and other Law Specialists are ready to help you
Expert:  Ash replied 1 year ago.
Hi
I am just following up to see if there is anything else I can help with?
If this answers your question might I ask you to rate my answer before you go today please, the button should be at the bottom of the screen.
If you need more help please click reply.
Alex

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