Neighbor Law

by Jordan, Cora; Randolph, Mary; Allison, Linda; Randolph, Mary

• ISBN13: 9780873372664
• ISBN10: 0873372662
• Format: Paperback
• Copyright: 1994-09-01
• Publisher: Nolo

Summary

Comprehensive and easy-to-understand, this step-by-step guide helps homeowners protect their rights while maintaining good relationships with their neighbors. It shows them how to solve problems through mediation or by themselves, without expensive and damaging lawsuits.

Table of Contents

Neighbors and Legal Questions
Help for Common Complaints
Local Laws	p. 3
Subdivision Rules	p. 10
Additional Rights in Landlord-Tenant Situations	p. 11
Approaching Your Neighbor	p. 15
Using Mediation	p. 15
Suing Your Neighbor	p. 16
Noise
Laws Against Noise	p. 2
What to Do	p. 12
When a Tree Is Injured or Destroyed
Who Owns a Tree?	p. 3
An Owner's Rights When a Tree Is Damaged	p. 3
What the Tree Owner Can Sue For	p. 5
Criminal Penalties	p. 12
What to Do If a Neighbor Damages Your Tree	p. 13
Preventing Damage	p. 19
Encroachment: Invading Branches and Roots
Looking for Help	p. 2
Trimming a Neighbor's Tree: The Right of Self-Help	p. 4
When a Neighbor Can Sue	p. 8
Going to Court	p. 12
Unsound Limbs and Trees
Getting Help From the City Government	p. 2
Trimming a Neighbor's Tree: The Right of Self-Help	p. 4
Talking to the Owner	p. 4
Suing to Prevent Damage	p. 7
Homeowners Insurance	p. 8
After Damage From an Unsound Tree	p. 9
Boundary Trees
Ownership	p. 2
Co-owners' Responsibilities	p. 5
Damage to or Removal of a Boundary Tree	p. 10
Fruit and Nuts: Who Owns What?
Who Owns the Tree?	p. 2
Fruit That Has Fallen	p. 5
Avoiding Problems	p. 7
Obstruction of View
The Basic Rule: No Right to a View	p. 3
View Ordinances	p. 4
Subdivision Rules That Protect Views	p. 10
Other Laws That May Protect Views	p. 14
Views That Are Not Legally Protected	p. 18
Avoiding View Problems	p. 21
Boundary Lines
Settling Uncertain Boundary Lines	p. 2
When a Neighbor Doesn't Honor the Boundary	p. 12
Using Another's Land: Trespass and Easements
Trespassers Who Become Owners	p. 2
Easements	p. 11
Fences
Rural Areas: Fencing Livestock In or Out	p. 2
Urban Fences	p. 4
Property Line (Boundary) Fences	p. 11
Disputes Over Boundaries	p. 22
Sharing a Fence That Is Not on the Boundary	p. 24
Spite Fences
General Restrictions on Fence Height	p. 2
What Is a Spite Fence?	p. 3
Negotiating With the Neighbor	p. 6
Going to Court	p. 6
Dangers to Children: Attractive Nuisances
The Attractive Nuisance Doctrine	p. 2
Taking Necessary Precautions	p. 6
Seeking Legal Help	p. 8
Rural Neighbors and the Right to Farm
Ordinary Nuisance Rules	p. 2
Right-to-Farm Laws	p. 3
What Neighbors Can Do	p. 6
Water
When the Neighbor Is Liable	p. 3
When the Neighbor May Not Be Liable	p. 6
What the Neighbor at Fault Must Pay For	p. 10
What to Do If You Suffer Water Damage	p. 12
Rights to Water	p. 17
When Your Neighbor Is a Business
Zoning Laws	p. 4
Covenants, Conditions and Restrictions	p. 7
Home-Based Businesses	p. 8
Other Laws Protecting You and Your Property	p. 10
Expect a Compromise	p. 16
What to Do When the Law Favors You	p. 16
When the Law Favors the Business	p. 20
Legal Research
Using the Internet	p. 2
Local Laws	p. 3
State Statutes	p. 5
Case Law	p. 10
Books Listing and Explaining Court Opinions	p. 14
Finding Cases on the Internet	p. 18
Other Resources	p. 19
Tackling a Neighbor Problem
Getting Prepared	p. 2
Approaching the Problem Neighbor	p. 5
Turning to the Authorities for Help	p. 10
Going to Court	p. 11
Mediation
What Is Mediation?	p. 2
How to Find a Mediator	p. 3
How Mediation Works	p. 4
Small Claims Court
What Is Small Claims Court?	p. 2
Preparing for Small Claims Court	p. 4
How Small Claims Court Works	p. 4
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