Neighborhood Stench

What is the name of your state (only U.S. law)? Nevada


I purchased home in a neighborhood near a pig farm not knowing it was there until days after closing. During the visits to the property I was never aware of the stench created by being this close. My Real Estate agent wasn't familiar with the area and this never was mentioned. In the mounds of paperwork that I signed, should there be a disclosure form metioning this pig farm and if not, do i have any recourse 16 months later?

whoknowsme22 said:

In the mounds of paperwork that I signed, should there be a disclosure form metioning this pig farm and if not, do i have any recourse 16 months later?

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No... and no.

If one buys property in a rural area especially when there are what appear to be farms near by its up to the buyer to do homework to learn more about what a agricultural neighbor is doing. Beside the regular stuff like learning what the local schools and services are like and checking permit historys and asking about potential zoning changes that are coming up or being talked about by town/city/county boards. There is no reason for a seller to disclose even a occaisonal breeze that carries animal related odors.

Who wants to bet that the biggest reason they bought the house was the rural atmosphere?

Sorry, it is your responsibility, as buyer, to do your due diligence.

Enjoy your home.

It's all about the 'Dairy-Aire'. LOL

whoknowsme22 said:

What is the name of your state (only U.S. law)? Nevada


I purchased home in a neighborhood near a pig farm not knowing it was there until days after closing. During the visits to the property I was never aware of the stench created by being this close. My Real Estate agent wasn't familiar with the area and this never was mentioned. In the mounds of paperwork that I signed, should there be a disclosure form metioning this pig farm and if not, do i have any recourse 16 months later?

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**A: what did your seller disclosure statetement state?

whoknowsme22 said:

What is the name of your state (only U.S. law)? Nevada


I purchased home in a neighborhood near a pig farm not knowing it was there until days after closing. During the visits to the property I was never aware of the stench created by being this close. My Real Estate agent wasn't familiar with the area and this never was mentioned. In the mounds of paperwork that I signed, should there be a disclosure form metioning this pig farm and if not, do i have any recourse 16 months later?

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While a pig farm meets the definition of a private nuisance, many courts have found their social utility outweighs the rights of the offended neighbor. Some have adopted a "coming to the nuisance" doctrine, where the new neighbor cannot succeed in a nuisance suit against an established business.

For an example of how some jurisdictions have reacted to nuisance lawsuits against farms, you can look for the "Right to Farm" statute in Massachusetts. In that one, a farm is defined to be not a nuisance of they follow generally accepted agricultural practices.

A similar battle is being fought by and against airports. Originally, the airports were located away from populated areas. Urban creep has surrounded airports with residential developments, and the neighbors don't like the sound (or in come cases, even the existance) of small planes.

You may wish to speak with a local attorney to see how Nevada handles agricultural nuisance.

Neigborhood Stench II

ALL,

I sincerely appreciate the responses to include those who are pointing the finger toward me, "the buyer". I take full responsibility and I stand by my decision to buy, but after physical visits to the area to include night time drivebys, I had no knowledge of the pig farm being close. I just moved to the state and had only been in the area a month before buying. If I had knowledge prior to accepting the offer, I would have looked harder, not guaranteeing I still wouldn't have made the purchase. It's a great house!

After meeting one of my neighbors, I was told a substantial monetary incentive was given to those new home buyers that would buy in the neighborhood knowing there was a pig farm near. I bought a foreclosure property so I don't think this was an option even if I knew about the pig farm existence.

Stevef thanks for your professional and courteous reply. I think I will pursue my concerns by speaking with a local attorney.

You didn't look at a map? Google Earth? Anything like that?

Zigner said:

You didn't look at a map? Google Earth? Anything like that?

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What does that have to do with anything?

gogo589 said:

What does that have to do with anything?

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Go away until you figure things out

gogo589 said:

What does that have to do with anything?

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**A: the map would show the pigs**************.....oh brother...maybe you should go away.

whoknowsme22 said:

I sincerely appreciate the responses to include those who are pointing the finger toward me, "the buyer". I take full responsibility and I stand by my decision to buy, but after physical visits to the area to include night time drivebys, I had no knowledge of the pig farm being close. I just moved to the state and had only been in the area a month before buying. If I had knowledge prior to accepting the offer, I would have looked harder, not guaranteeing I still wouldn't have made the purchase. It's a great house!

After meeting one of my neighbors, I was told a substantial monetary incentive was given to those new home buyers that would buy in the neighborhood knowing there was a pig farm near. I bought a foreclosure property so I don't think this was an option even if I knew about the pig farm existence.

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And none of that is relevant. The fact that the property is there and not hidden should have been sufficient notice to any potential home buyer.
Your ONLY recourse in this is in the very unlikely event that there are some county ordinances or zoning that would restrict the property in that location. Absent that, enjoy your house.

Oh, and in case you're mislead by another of the posts... there is NO prior requirement for disclosure... especially in a foreclosure property.

When one buys in a area that has farms , to think some how agricultural zoning doesnt include animals with animal manure smells at times is mistaken, You could have even stopped at a local cafe and put on your salespersons hat ` this seems like such a nice community, im thinking of buying a home in this area, I see alot of farms around here , what do people do raise crops or or do they raise beef or dairy, hogs etc (going on down the list) after complimenting about the community you could have said `the kids will love seeing animals around , are there any beef or dairy or hog farms that you know of that I might be able to drive by with the kids to look and see if the livestock might be outside? Ill bet you could have gotten some locations that way before making a offer. The rest is now up to you, if you learn the hog farm is violating a local or state law regarding the number of animals it has related to any waste handling regulations then your free to complain to the proper authoritys. BTW beef, dairy are low odor , even after the barns are cleaned out and manure is spread all over fields the odor drops off as it dries. If the hog farm does not use holding ponds that are filled with hog waste then the odor will be less of a problem.

BTW beef, dairy are low odor...

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You've never been to Chino...