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Date: ________
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Re: Notice of Private Nuisance Affecting the Use and Enjoyment of My Property — Request for Voluntary Abatement
Dear ________,
I am writing to you in good faith and in a spirit of neighborly cooperation regarding a recurring condition emanating from the property located at ________ (the “Property”), which is interfering with my reasonable use and enjoyment of my own property located at ________.
§ 1. Description of the Condition. Specifically, I have experienced a persistent and offensive odor originating from the Property which travels across the property line and onto my land. The nature of the offending condition is described as follows: ________.
§ 2. Duration and Frequency. This condition has affected me for approximately the past ________ (________) weeks, beginning on or about ________, and has occurred with the following frequency: ________.
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§ 4. Legal Basis. An unreasonable and substantial interference with a person’s use and enjoyment of their land may constitute an actionable private nuisance under the common law and applicable statutes of ________, as well as under any applicable local ordinances of ________ governing odors, sanitation, and public health. I send this letter in the hope that we may resolve this matter informally and avoid the need for any further measures.
§ 5. Requested Action. I respectfully request that you take such steps as are reasonably necessary to abate the condition described above on or before ________, so that I may return to the quiet enjoyment of my property. If the condition has a particular cause of which you are aware, I would welcome the opportunity to understand it and to work cooperatively toward a solution.
§ 7. Communication. Should you wish to discuss this matter further, please contact me at the telephone number ________ or by email at ________. I am genuinely hopeful that we can address this issue amicably as neighbors.
Thank you in advance for your understanding and cooperation in resolving this matter. I look forward to hearing from you at your earliest convenience.
Sincerely,
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