<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by Ann Vile:
My husnand and I have had ongoing disputes with our neighbors for the past 8 months. One of them is regarding our birdfeeder. We live in a Pennsylvania townhome development without an association. Anyway, our neighbor has claimed that our birdfeeder is causing birds to nest in her home and they are messing on the side of her house. She has threatened to sue. Can we be held liable for the wild birds? I've spoken to several bird authorities and they all say that we did not cause birds to nest in her roof. In an effort to ease the problem, I've even considered putting up a different feeder that will draw a more specific type of bird. How do I handle this? <HR></BLOCKQUOTE>
Although the neighbor may have a point, it may be very small like the humming bird variety. If she can establish that prior to your bird feeder being installed, there were no birds and the attraction of birds to the area was a direct result of the bird feeder, then there is an allegation. How can she prove that those birds at her place were attracted to only the bird feeder? Are other neighbors experiencing the same bird problem? Was there a bird problem prior to the bird feeder placement? Were there any birds around prior to the bird feeder being installed? Her threats of a lawsuit is for the birds. And wild birds at that. If she sues, she is going to have to name the birds as defendants ie. Wild Birds John and Jane Does 1-2000, Defendants. Serve them with a subpoena via carrier pigeon and wing it in court.
Where exactly are the birds nesting? If there are voids between her roof and the eave fascia trim, voids in her roofing due to the design, holes in the attic/gable screened vents etc., she must correct the problem to mitigate damages. Any bird-brain would know that. She needs to contact a bird mitigation expert as there are products made to prevent bird attraction and nesting. She may also want to try a new product called The Bird Turd Porta-Potty. Great for domestic and live birds. Comes in all colors. One size fits most. Tree leaf lined seats so for those long #2's, no ring around the rosy.
She is lucky. You should change the feeder type and put live mice in the feeder to attract hawks. Then you would really hear her sqawk.
Signed, Big Bird.
[This message has been edited by HomeGuru (edited August 10, 2000).]