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Neighbor Law: Fences, Trees, Boundaries & Noise

by Attorney Cora Jordan

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Summary

Is a neighboring business driving you crazy? Too much noise from next door? Run-off from up the hill threatening to drown your yard?

Learn your rights and responsibilities with Neighbor Law, Nolo's clear-cut, comprehensive guide to the laws concerning common neighbor disputes. The popular bestseller covers:

• fences
• trees
• boundaries
• blocked views
• noise
• water issues
• neighborhood businesses
• dangers to children ("attractive nuisances")
• and more

In plain English, Neighbor Law explains how to find the law in each circumstance and resolve disputes outside the court -- but if you must go to small claims court, this popular book gives you the information you need.

The 5th edition is completely revised and now provides a new information on disputes about second-hand smoke. It also has a new chapter on researching the law online.

Press Reviews

"Jordan peppers the book with real stories of problems neighbors have with each other. The stories are interesting and, in some cases, hilarious." Arizona Republic

"This book covers every possible problem one could encounter with a neighbor and how it can be resolved reasonably and effectively." Newsday

"Even if you don’t have a serious neighbor problem yet, this well-written and complete book is a fun and educational read.... 4 stars: Excellent." Robert Bruss, nationally syndicated real-estate columnist

"If you have problems with the neighbors, this is your bible." Chicago Tribune

"A Nolo book that gives practical, no-nonsense approaches to handling neighbor disputes." Los Angeles Times

"So your neighbor’s giant sequoia is blocking your view. Who ya gonna call? The search for a ‘dispute buster’ should end with this helpful new book." Sunset Magazine

"Walks the reader through written and common law, tells you what your rights are and how to follow through on a complaint all the way to court, if necessary." Oakland Tribune

"Explains how to use mediation services, research local laws, and present a convincing case in small claims court." Reuters

"Surprisingly, this is a fun read. The author includes interesting sidebars and court decisions to clarify her explanations." Sacramento Bee

"An excellent book..." St. Petersburg Times

Table of Contents

Introduction: Neighbors and Legal Questions

1. Tackling a Neighbor Problem

Get Prepared
Approach the Neighbor
Turn to the Authorities for Help
Try Mediation
Take the Neighbor to Court

2. Noise

Laws Against Noise
What to Do

3. When a Tree Is Injured or Destroyed

Who Owns a Tree?
An Owner's Rights When a Tree Is Damaged
What the Tree Owner Can Sue For
Criminal Penalties
What to Do If a Neighbor Damages Your Tree
Preventing Damage

4. Encroachment: Invading Branches and Roots

Looking for Help
Trimming a Neighbor's Tree: The Right of Self-Help
When a Neighbor Can Sue
Going to Court

5. Unsound Limbs and Trees

Getting Help From the City Government
Trimming a Neighbor's Tree: The Right of Self-Help
Ask the Owner to Trim the Tree
Suing to Prevent Damage
Homeowners' Insurance
After Damage From an Unsound Tree

6. Boundary Trees

Ownership
Co-Owners' Responsibilities
Damage to or Removal of a Boundary Tree

7. Fruit and Nuts: Who Owns What?

Who Owns the Tree?
Fruit That Has Fallen
Avoiding Problems

8. Obstruction of View

The Basic Rule: No Right to a View
View Ordinances
Subdivision Rules That Protect Views
Other Laws That May Protect Views
Views That Are Not Legally Protected
Avoiding View Problems

9. Boundary Lines

Settling Uncertain Boundary Lines
When a Neighbor Doesn't Honor the Boundary

10. Using Another's Land: Trespass and Easements

Trespassers Who Become Owners
Easements

11. Fences

Rural Areas: Fencing Livestock In or Out
Urban Fences
Property Line (Boundary) Fences
Disputes Over Boundaries
Sharing a Fence That Is Not on the Boundary

12. Spite Fences

General Restrictions on Fence Height
What Is a Spite Fence?
Negotiating With the Neighbor
Going to Court

13. Dangers to Children: Attractive Nuisances

The Attractive Nuisance Doctrine
Taking Necessary Precautions
Seeking Legal Help

14. Rural Neighbors and the Right to Farm

Ordinary Nuisance Rules
Right-to-Farm Laws
What Neighbors Can Do

15. Water

When the Neighbor Is Liable for Damage
When the Neighbor May Not Be Liable for Damage
What the Neighbor at Fault Must Pay For
What to Do If You Suffer Water Damage
Rights to Water

16. When Your Neighbor Is a Business

Zoning Laws
Covenants, Conditions, and Restrictions
Home-Based Businesses
Other Laws Protecting You and Your Property
Expect a Compromise
What to Do When the Law Favors You
When the Law Favors the Business

17. Other Common Neighbor Disputes

Blighted Property
Weeds, Rubbish, and Garbage
Loud and Offensive Language
Drug Dealers
Animal Problems
Second-Hand Smoke
Vehicles
Outdoor Lights

18. Legal Research

Local Laws
State Statutes
Case Law

19. Mediation

What Is Mediation?
How to Find a Mediator
How Mediation Works

20. Small Claims Court

What Is Small Claims Court?
Preparing for Small Claims Court
How Small Claims Court Works

Appendixes

1. State Statutes on Injury to Trees
2. State Statutes on Private Nuisance
3. Boundary Fence Statutes
4. Adverse Possession Statutes
5. Right-to-Farm Statutes

Index

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