Apr 05, 2011 ·
May 26, 2020 · Neighbor Dispute #1: Boundary and Fence Issues With Neighbors. One of the most common neighbor disputes is perhaps property boundary issues. After all, fences exist not only for privacy, but also for the purpose of keeping others (mostly neighbors) out. Property boundary disputes can exist in two different forms; trespassing, and encroachment.
Neighbor Disputes Attorneys. When neighborhood disputes go beyond who borrowed whose lawn mower last, its time to get an experienced attorney who understands property and ownership laws in your area. Don’t let a neighborhood dispute escalate further, and don’t let neighbors take advantage of your property or belongings without your consent.
When neighborhood disputes go beyond who borrowed whose lawn mower last, its time to get an experienced attorney who understands property and ownership laws in your area. Don’t let a neighborhood dispute escalate further, and don’t let neighbors take advantage of your property or belongings without your consent.
There are as many different kinds of neighborhood disputes as there are types of neighbors, but attorneys who specialize in neighborhood disputes in your area may be able to help. The most common reason for neighborhood disputes include:
If the two of you don’t agree and can’t resolve the issue on your own, that could lead to issues with maintenance of the land or even problems with constriction projects. Who determines where the boundary between your properties really falls?
Sometimes, you only need to look at the legal description of your property to affirm where the boundary falls. Other times, you won’t be able to make sense of the legal description and will need professional help.
If you have an ongoing boundary or property line dispute with your neighbor, you may want to acquire legal counsel through a lawyer who specializes in property law. Your lawyer will be able to file a lawsuit to resolve the issues as quickly as possible. The courts will decide who the property involved truly belongs to.
Property line disputes can occur for a few reasons. You and your neighbor may disagree as to where you should place a fence, whether a tree falls on your property or your neighbor’s property or simply where your neighbor should be allowed to plant their vegetable garden. It’s not always immediately clear who is responsible for items ...
If your neighbor is encroaching upon your property and continues to do so, they may actually gain the right to your property through the laws of adverse possession. Once this occurs you may need to see a real estate attorney to recover your property and recovery may not always be possible.
You should be able to find your property lines on your deed, but it’s important to note that deeds are not always correct. It’s ideal to cross-reference your deed with your neighbors’ deeds to ensure that there are no misunderstandings.
Maximilian F. Beier is a partner at Beier, Beier & Beier. He joined the law firm in 2001 as an associate after a two-year clerkship with Pennsylvania Superior Court Judge, John P. Hester. He was made a partner in 2007. Max is experienced in litigating personal injury claims and product liability issues in the state and federal courts of Pennsylvania. Additional litigation experience includes business disputes, contract actions, real-estate and domestic matters. Max and wife Michele reside in the Shadyside section of Pittsburgh, and are the proud parents of Maximilian Finley “Finn," and Braxton Beier.
If the demand letter and other negotiations among your respective attorneys are not getting you the hoped-for results, it may be time to file a complaint in circuit court, most likely to "quiet title." This means you ask the court to consider all your evidence and arguments (and your neighbor's evidence and arguments) and decide who legally owns the land at issue.
An appraisal will tell you the market value of the piece of property in dispute. A title search will find all recorded documents in the chain of title of your property, and will show if there are any easements or deeds that may affect your ownership interest in the property.
Neighbor disputes are quite common. But you don't have to go to uncommon lengths to work out your differences. Now this is a true story... a Texas man was sentenced to a year's probation for beating his neighbor with a shovel. Apparently some bad blood had developed between them when one family put a pool in and failed to replace ...
The police will often respond to noise complaints and remind the offending person about the same noise ordinances mentioned earlier. However, if things have gotten bad enough to call the police, it may be time to ask for mediation. Mediation is often cheaper and less threatening than going to court.
Whether you're leasing or buying, most states say you are entitled to something called the "quiet or peaceful enjoyment" of your home. You can sue them for nuisance if their noise or other activities interferes with your enjoyment of your property. In the lawsuit, you can ask to be compensated for the loss of this enjoyment. The idea of losing money should be enough to give even the toughest neighbor pause. If not, consider calling a mover, or sharpening your shovel.
Legal counsel can help with the following: 1 Investigating the incident (don’t wait for the resident to complain if you already have a source) 2 Sending the perpetrator a cease and desist notice 3 Holding a hearing before the board 4 Charging fines 5 Filing a lawsuit against the perpetrator
That translates to the right homeowners have to peacefully live in their community being annoyed, harassed, or interfered with.
Hostile Environment Harassment: When a homeowner is subjected to unwelcome conduct so severe or pervasive it interferes with or deprives the owner the right to use and enjoy their home. When the elements below are present in a case of harassment, the association is liable.
You can ask for a restraining order if “the offender has abused (or threatened to abuse), stalked, or seriously harassed the victim and this victim is scared, seriously annoyed, or harassed.”. However, what qualifies for a civil restraining order may vary by state.
An association manager can also help collect dues, manage the group's finances, handle maintenance issues, and deal with any other crucial responsibilities a board may have. If you’re ready to start talking to your board about hiring some help, get free quotes from HOA and COA managers in your area.
In your CC&Rs, there is most likely a clause that says homeowners have the right to “quiet enjoyment” of their homes. That translates to the right homeowners have to peacefully live in their community being annoyed, harassed, or interfered with.