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Ratings. Guidance. The Right Lawyer.
In NYS real estate law must a seller disclose known noise from a propane cannon used in a cornfield near the home being sold?
Avon, NY
Viewed 20 times.
Posted 30 days ago in Real Estate
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Bought home in Feb. 2009 and the sellers completed the required real estate disclosure paper. There was no negative mark about noise. A farmer uses a propane cannon, (120 DB) every two minutes, 12 hours daily from July until November. The farm and fields are 200 feet away in the front and 20 feet away in the back. There is nothing to absorb noise. This deterrent has been in use for years with many complaints called in to town officials. It is a protected practice under NYS Right-to-Farm Law. The noise is heard and felt inside my home. Windows and doors are closed. I have to leave my home or go crazy. I never would have bought this home had I known about this. No one told me - even when I questioned town officials about the community before signing a purchase contract.
Answers (1)
Brian Joseph Cohan
This attorney is licensed in Illinois.
Posted 20 days ago.
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Check the Real Estate Disclosure Act or similar statute. I doubt that type of thing is mentioned. If it is not mentioned, the Seller likely has no affirmative duty to disclose it. As it is sanctioned practice under the New York Right to Farm Act, you probably do not have much of a case to shut the thing down under state nuisance law. See a good real estate lawyer, but my guess is, unfortunately, that you are stuck.
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