Neighbor Law : Fences, Trees, Boundaries and Noise

by Jordan, Cora

• ISBN13: 9781413307511
• ISBN10: 1413307515
• Edition: 6th
• Format: Paperback
• Copyright: 2008-03-15
• Publisher: NOLO

Summary

An easy-to-read guide to laws concerning common neighbor disputes, including noise, trees and blocked views.

Author Biography

Cora Jordan, Attorney Cora Jordan earned her law degree at the University of Mississippi. A trained mediator, she is also the co-author of Plan Your Estate. Emily Doskow, Attorney Emily Doskow is an attorney-mediator in private practice in Berkeley and a Nolo editor, author of Nolo's Essential Guide to Divorce, and co-author of numerous other Nolo titles, including How to Change Your Name in California.

Table of Contents

Introduction: Neighbors and Legal Questions	p. 1
Tackling a Neighbor Problem	p. 5
Get Prepared	p. 6
Approach the Neighbor	p. 15
Turn to the Authorities for Help	p. 21
Try Mediation	p. 22
Take the Neighbor to Court	p. 23
Noise	p. 27
Laws Against Noise	p. 28
What to Do	p. 39
When a Tree Is Injured or Destroyed	p. 4
Who Owns a Tree?	p. 49
An Owner's Rights When a Tree Is Damaged	p. 49
What the Tree Owner Can Sue For	p. 50
Criminal Penalties	p. 59
What to Do If a Neighbor Damages Your Tree	p. 60
Preventing Damage	p. 67
Encroachment: Invading Branches and Roots	p. 71
Looking for Help	p. 73
Trimming a Neighbor's Tree: The Right of Self-Help	p. 75
When a Neighbor Can Sue	p. 81
Going to Court	p. 84
Unsound Limbs and Trees	p. 87
Getting Help From the City Government	p. 89
Trimming a Neighbor's Tree: The Right of Self-Help	p. 90
Ask the Owner to Trim the Tree	p. 91
Suing to Prevent Damage	p. 93
Homeowners' Insurance	p. 94
After Damage From an Unsound Tree	p. 95
Boundary Trees	p. 103
Ownership	p. 104
Co-Owners' Responsibilities	p. 108
Damage to or Removal of a Boundary Tree	p. 114
Fruit and Nuts: Who Owns What?	p. 123
Who Owns the Tree?	p. 124
Fruit That Has Fallen	p. 128
Avoiding Problems	p. 129
Obstruction of View	p. 131
The Basic Rule: No Right to a View	p. 133
View Ordinances	p. 134
Subdivision Rules That Protect Views	p. 141
Other Laws That May Protect Views	p. 145
Views That Are Not Legally Protected	p. 150
Avoiding View Problems	p. 153
Boundary Lines	p. 157
Settling Uncertain Boundary Lines	p. 158
When a Neighbor Doesn't Honor the Boundary	p. 169
Using Another's Land: Trespass and Easements	p. 173
Trespassers Who Become Owners	p. 174
Easements	p. 183
Fences	p. 195
Rural Areas: Fencing Livestock In or Out	p. 196
Urban Fences	p. 198
Property Line (Boundary) Fences	p. 208
Disputes Over Boundaries	p. 220
Sharing a Fence That Is Not on the Boundary	p. 221
Spite Fences	p. 225
General Restrictions on Fence Height	p. 226
What Is a Spite Fence?	p. 228
Negotiating With the Neighbor	p. 230
Going to Court	p. 231
Dangers to Children: Attractive Nuisances	p. 245
The Attractive Nuisance Doctrine	p. 246
Taking Necessary Precautions	p. 250
Seeking Legal Help	p. 253
Rural Neighbors and the Right to Farm	p. 255
Ordinary Nuisance Rules	p. 256
Right-to-Farm Laws	p. 257
What Neighbors Can Do	p. 260
Water	p. 265
When the Neighbor Is Liable for Damage	p. 267
When the Neighbor May Not Be Liable for Damage	p. 272
What the Neighbor at Fault Must Pay For	p. 277
What to Do If You Suffer Water Damage	p. 278
Rights to Water	p. 283
When Your Neighbor Is a Business	p. 289
Zoning Laws	p. 292
Covenants, Conditions, and Restrictions	p. 296
Home-Based Businesses	p. 297
Other Laws Protecting You and Your Property	p. 300
Expect a Compromise	p. 306
What to Do When the Law Favors You	p. 307
When the Law Favors the Business	p. 312
Other Common Neighbor Issues	p. 315
Blighted Property	p. 316
Weeds, Rubbish, and Garbage	p. 317
Loud and Offensive Language	p. 318
Drug Dealers	p. 318
Child Predators (Megan's Law)	p. 319
Animal Problems	p. 321
Secondhand Smoke	p. 323
Vehicles	p. 325
Outdoor Lights	p. 325
Legal Research	p. 327
Local Laws	p. 328
State Statutes	p. 331
Case Law	p. 338
Mediation	p. 349
What Is Mediation?	p. 350
How to Find a Mediator	p. 351
How Mediation Works	p. 352
Small Claims Court	p. 359
What Is Small Claims Court?	p. 360
Preparing for Small Claims Court	p. 362
How Small Claims Court Works	p. 363
Appendixes
State Statutes on Injury to Trees	p. 369
How Much an Owner Can Sue For	p. 370
Fines or Jail Sentences for Damaging a Tree	p. 371
State Statutes on Private Nuisance	p. 373
Common Law Definition	p. 374
Conduct or Condition Must Be Unlawful or Unreasonable	p. 375
Boundary Fence Statutes	p. 377
Adverse Possession Statutes	p. 381
Right-to-Farm Statutes	p. 385
Index	p. 389
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