Neighbor Law: Fences, Trees, Boundaries and Noise

Neighbor Law: Fences, Trees, Boundaries and Noise

by Cora Jordan, Mary Randolph

Paperback(1st ed)

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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:
*blocked views
*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.

Product Details

ISBN-13: 9780873371582
Publisher: NOLO
Publication date: 05/15/1991
Edition description: 1st ed
Pages: 320

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
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

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
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

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

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Neighbor Law: Fences, Trees, Boundaries and Noise 5 out of 5 based on 0 ratings. 2 reviews.
brendajanefrank on LibraryThing More than 1 year ago
Everyone has neighbor problems at some time, and this book has the answers. Since property and zoning laws vary by jurisdiction, "Neighbor Law" solutions have to be general guidance, but the best part of this book is that it points you to the source of the solution. Examples include code and case citations, so you can research the law where needed. Also, there's an entire chapter on how to find the controlling law. "Neighbor Law" is comprehensive, covering all aspects of tree problems, property lines, fences, trespass and easements, water, and neighbors operating businesses from their homes. It includes sample letters and suggestions for avoiding problems. Examples taken from court cases demonstrate clearly neighbor problems and outcomes and add entertainment value to the text. The chapter on "spite fences" is particularly interesting. For instance, when a homeowner's panoramic view of the ocean on one side and the mountains on the other was blocked by a new two-story house, the homeowner retaliated with a spite fence. This fence blocked the new family's view of the mountains since it was the exact dimension of the new house, 30 feet tall and 100 feet long! Courts view spite fences as nuisances and will order removal and sometimes damages. "Neighbor Law" is a great reference for the homeowner, both in acting reasonably to avoid problems with neighbors and in resolving existing issues with the least pain and effort.
Guest More than 1 year ago
This book contains everything you need to know about dealing with those pesky neighbors. It covers all the main fiascos that happen between bickering people. The best advice in the book is to talk to your neighbors about your problems! This can solve the majority of your problems! Be careful what you wish for and look carefully where you step, court may not be the best place for your dispute!