Introduction: Neighbors and Legal Questions | 1 |
1 Tackling a Neighbor Problem | 5 |
Take Preliminary, Preparatory Steps | 6 |
Approach the Neighbor | 15 |
Turn to the Authorities for Help | 22 |
Try Mediation | 22 |
Take the Neighbor to Court | 23 |
2 Noise | 27 |
Laws Against Noise | 28 |
What to Do First About Neighbor Noise | 37 |
3 When a Tree Is Injured or Destroyed | 45 |
Who Owns a Tree? | 46 |
An Owner's Rights When a Tree or Other Plantings Are Damaged | 47 |
What the Tree Owner Can Sue For | 48 |
Criminal Penalties | 55 |
What to Do If a Neighbor Damages Your Tree | 56 |
Preventing Damaging Actions by Neighbors | 62 |
4 Encroachment: Invading Branches and Roots | 65 |
Looking for Help | 66 |
Trimming a Neighbor's Tree: The Right of Self-Help | 69 |
When a Neighbor Can Sue | 73 |
Going to Court to Hold the Tree Owner Responsible | 74 |
5 Unsound Limbs and Trees | 77 |
Getting Help From the City Government | 79 |
Trimming a Neighbor's Tree: The Right of Self-Help | 80 |
Asking the Owner to Trim the Tree | 81 |
Suing to Prevent Damage | 83 |
Calling on Your Homeowners' Insurance | 84 |
After Damage From an Unsound Tree | 85 |
6 Boundary Trees | 91 |
Ownership | 92 |
Co-Owners' Responsibilities | 95 |
Damage to or Removal of a Boundary Tree | 100 |
7 Fruit and Nuts: Who Owns What? | 109 |
Who Owns the Tree? | 110 |
Fruit That Has Fallen | 113 |
Avoiding Problems | 114 |
8 Obstruction of View | 117 |
The Basic Rule: No Right to a View | 119 |
View Ordinances | 119 |
Subdivision Rules That Protect Views | 124 |
Other Laws That Might Protect Views | 128 |
Views That Are Not Legally Protected | 132 |
Avoiding View Problems When Buying Property | 134 |
9 Boundary Lines | 137 |
Settling Uncertain Boundary Lines | 138 |
When a Neighbor Doesn't Honor the Boundary | 148 |
10 Using Another's Land: Trespass and Easements | 151 |
Trespassers Who Become Owners | 152 |
Easements | 159 |
11 Fences | 169 |
Rural Areas: Fencing Livestock In or Out | 170 |
Urban and Suburban Fences | 172 |
Property Line (Boundary) Fences | 180 |
Disputes Over Boundaries | 190 |
Sharing a Fence That Is Not on the Boundary | 191 |
12 Spite Fences | 193 |
Legal Restrictions on Fence Height | 194 |
What Is a Spite Fence? | 195 |
Negotiating With the Neighbor | 198 |
Going to Court Over a Spite Fence | 198 |
13 Dangers to Children: Attractive Nuisances | 209 |
Understanding the Attractive Nuisance Doctrine | 210 |
Taking Necessary Precautions | 214 |
Seeking Legal Help | 216 |
14 Rural Neighbors and the Right to Farm | 219 |
Ordinary Nuisance Rules | 220 |
Right-to-Farm Laws | 221 |
What Neighbors Can Do | 223 |
15 Water | 227 |
When the Neighbor Is Liable for Damage | 229 |
When the Neighbor Might Not Be Liable for Damage | 232 |
What the Neighbor at Fault Must Pay For | 235 |
What to Do If You Suffer Water Damage Due to a Neighbor | 237 |
Rights to Water | 241 |
16 When Your Neighbor Is a Business | 247 |
Zoning Laws | 249 |
Covenants, Conditions, and Restrictions Governing Subdivision Properties | 251 |
Home-Based Businesses | 252 |
Other Laws Protecting You and Your Property | 255 |
Expect a Compromise | 261 |
What to Do When the Law Favors You | 262 |
When the Law Favors the Business | 267 |
17 Other Common Neighbor Issues | 269 |
Blighted Property | 270 |
Weeds, Rubbish, and Garbage | 270 |
Loud and Offensive Language | 271 |
Drug Dealers | 271 |
Registered Sex Offenders (Megan's Law) | 272 |
Animal Problems | 274 |
Secondhand Smoke | 276 |
Vehicles | 278 |
Drones | 279 |
Outdoor Lights | 282 |
18 Legal Research | 283 |
Researching Local Laws | 284 |
Researching State Statutes | 286 |
Researching Case Law | 292 |
19 Mediation | 301 |
What Is Mediation? | 302 |
How to Find a Mediator | 303 |
How Mediation Works | 304 |
20 Small Claims Court | 309 |
What Is Small Claims Court? | 310 |
Preparing for Small Claims Court | 312 |
How Small Claims Court Works | 313 |
Appendixes |
A State Statutes on Injury to Trees | 317 |
B State Statutes on Private Nuisance | 321 |
Common Law Definition | 322 |
Conduct or Condition Must Be Unlawful or Unreasonable | 323 |
C Boundary Fence Statutes | 325 |
Index | 329 |