Q: A bird-lover set up feeding stations and resting places for birds in his yard. The neighbors complain that the flocks of birds dirty their adjacent properties, make excessive noise, and ruin their gardens. Do they have legal recourse?

A: Beyond the responsibility not to do actual damage, a person is responsible not to do things on his property that will adversely impact his neighbors’ property in a direct manner. This is known as nizkei shecheinim (see C.M. 155). This applies not only to monetary damage; our Sages also instituted various neighborly rights relating to privacy (hezek re’iyah), noise, smell, air, light and dampness.

Even if the person is willing to pay should damage occur, he is not allowed to create the potential damage. He may not be in a financial position to pay; the neighbor also does not want the hassle of repairing and litigating to recoup his loss (Sma 155:3). Even if the person already installed the damaging item, the neighbor can force him to remove it (Pischei Choshen, Nezikin 13:24).

Thus, if the birds dirty the neighborhood in a manner that is repulsive, the neighbors can force the person to remove his feeders (C.M. 155:39).