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Question DetailsAsked on 10/10/2012

Can or should I sue my neighbor for harboring rodents (gophers)?

I live in an old sub-division surrounded by about 500 homes. My neighbor has attracted gophers to his yard and is not willing to exterminate them. Can I sue or force my neighbor to erradicate them before they invade my property or after they invade my property? No other neighbor seems to have this problem, YET! The burrow mounds are within 5 feet of my property line already. There are 6 to 8 single dwelling homes per acre, no horses or animals other than dogs & cats allowed. What do I do?

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2 Answers


You can sue for just about anything, but think in this case would Don Quotie tilting at windmills. I would try the county avenue. Call Health Department, animal control ie humane society , County attorney etc. I would rain the Dogs of War on them, Also if you have a neighborhood association get them involved. Maybe county extension agent. When done with calling in county move on to State. Read up on gopher control, I for one know that voles like strechnine laced grain,,
JIm Casper


Answered 8 years ago by jccasper


First be sure is it pocket gophers and not moles. Moles and gophers do not pose any health risk, but the treatment is different. While you can 'sue for anything', unless they cross the property line - you have no damages. If that did occur, you could try to claim negligence in small claims court and recover the cost of treatment & sod/plant replacement. If a friendly conversation can't get any response, you would need to serve them written notice of your concern by certified mail/return receipt requested. Again, the best solution is to advise the neighbor of your concerns in a friendly manner and convince them that it is cheaper to bait/poison the gophers than deal with the aftermath - either in their own yard or in court because of your yard.

The poison is available at home improvment stores and is easy to use if you follow the label instructions. Traps also work, but are labor intensive.

If the neighbor is pesticide/poison opposed, stubborn or a naturalist - you have an uphill battle ahead.

Good luck!


Answered 8 years ago by Don's Pest Control

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