Neighbor Law: Fences, Trees, Boundaries, & Noise

by Jordan, Cora

• ISBN13: 9781413300604
• ISBN10: 141330060X
• Edition: 5th
• Format: Paperback
• Copyright: 2006-03-01
• Publisher: INGRAM PUB SERVICES

Summary

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 - For anyone with a neighbor problem, [Neighbor Law] is a handy book indeed. It 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 - A Nolo book that gives practical, no-nonsense approaches to handling neighbor disputes. - Los Angeles Times - This classic book, which keeps getting better with each new edition, answers virtually all questions regarding fences, trees, boundaries and noise.- Orlando Sentinel - 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 - Even if you don't have a serious neighbor problem yet, this well-written and complete book is a fun and educational read. It is extremely thorough and well-documented. 4 stars: excellent. - Robert Bruss, nationally syndicated real-estate columnist

Author Biography

Cora Miner Jordan earned her law degree at the University of Mississippi. A trained mediator, she is the author of Neighbor Law: Fences, Trees, Boundaries and Noise and co-author of Plan Your Estate.

Table of Contents

Introduction: Neighbors and Legal Questions
Tackling a Neighbor Problem
Get Prepared	7	(8)
Approach the Neighbor	15	(5)
Turn to the Authorities for Help	20	(1)
Try Mediation	21	(1)
Take the Neighbor to Court	22	(4)
Noise
Laws Against Noise	26	(9)
What to Do	35	(10)
When a Tree Is Injured or Destroyed
Who Owns a Tree?	45	(1)
An Owner's Rights When a Tree Is Damaged	45	(1)
What the Tree Owner Can Sue For	46	(7)
Criminal Penalties	53	(1)
What to Do If a Neighbor Damages Your Tree	54	(6)
Preventing Damage	60	(4)
Encroachment: Invading Branches and Roots
Looking for Help	64	(2)
Trimming a Neighbor's Tree: The Right of Self-Help	66	(5)
When a Neighbor Can Sue	71	(3)
Going to Court	74	(4)
Unsound Limbs and Trees
Getting Help From the City Government	78	(2)
Trimming a Neighbor's Tree: The Right of Self-Help	80	(1)
Ask the Owner to Trim the Tree	80	(2)
Suing to Prevent Damage	82	(1)
Homeowners' Insurance	83	(1)
After Damage From an Unsound Tree	84	(8)
Boundary Trees
Ownership	92	(3)
Co-Owners' Responsibilities	95	(5)
Damage to or Removal of a Boundary Tree	100	(10)
Fruit and Nuts: Who Owns What?
Who Owns the Tree?	110	(3)
Fruit That Has Fallen	113	(1)
Avoiding Problems	114	(5)
Obstruction of View
The Basic Rule: No Right to a View	119	(1)
View Ordinances	120	(6)
Subdivision Rules That Protect Views	126	(4)
Other Laws That May Protect Views	130	(4)
Views That Are Not Legally Protected	134	(3)
Avoiding View Problems	137	(5)
Boundary Lines
Settling Uncertain Boundary Lines	142	(10)
When a Neighbor Doesn't Honor the Boundary	152	(4)
Using Another's Land: Trespass and Easements
Trespassers Who Become Owners	156	(9)
Easements	165	(11)
Fences
Rural Areas: Fencing Livestock In or Out	176	(2)
Urban Fences	178	(8)
Property Line (Boundary) Fences	186	(11)
Disputes Over Boundaries	197	(1)
Sharing a Fence That Is Not on the Boundary	198	(4)
Spite Fences
General Restrictions on Fence Height	202	(1)
What Is a Spite Fence?	203	(2)
Negotiating With the Neighbor	205	(1)
Going to Court	206	(14)
Dangers to Children: Attractive Nuisances
The Attractive Nuisance Doctrine	220	(4)
Taking Necessary Precautions	224	(2)
Seeking Legal Help	226	(4)
Rural Neighbors and the Right to Farm
Ordinary Nuisance Rules	230	(1)
Right-to-Farm Laws	231	(2)
What Neighbors Can Do	233	(8)
Water
When the Neighbor Is Liable for Damage	241	(3)
When the Neighbor May Not Be Liable for Damage	244	(5)
What the Neighbor at Fault Must Pay For	249	(1)
What to Do If You Suffer Water Damage	250	(4)
Rights to Water	254	(10)
When Your Neighbor Is a Business
Zoning Laws	264	(3)
Covenants, Conditions, and Restrictions	267	(1)
Home-Based Businesses	268	(2)
Other Laws Protecting You and Your Property	270	(6)
Expect a Compromise	276	(1)
What to Do When the Law Favors You	276	(5)
When the Law Favors the Business	281	(5)
Other Common Neighbor Disputes
Blighted Property	286	(1)
Weeds, Rubbish, and Garbage	287	(1)
Loud and Offensive Language	287	(1)
Drug Dealers	287	(1)
Animal Problems	288	(3)
Second-Hand Smoke	291	(1)
Vehicles	292	(1)
Outdoor Lights	293	(3)
Legal Research
Local Laws	296	(2)
State Statutes	298	(6)
Case Law	304	(10)
Mediation
What Is Mediation?	314	(1)
How to Find a Mediator	315	(1)
How Mediation Works	316	(8)
Small Claims Court
What Is Small Claims Court?	324	(2)
Preparing for Small Claims Court	326	(1)
How Small Claims Court Works	327
Appendixes
State Statutes on Injury to Trees
State Statutes on Private Nuisance
Boundary Fence Statutes
Adverse Possession Statutes
Right-to-Farm Statutes
Index