what type attorney for property disputes with neighbor

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.

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How can I resolve a property line dispute with my Neighbor?

Mar 27, 2013 · In my opinion you need an attorney who has expereince in real estate law and specifically boundary disputes. Also, this attorney should have experience in the area of civil litigation. While it is possible a matter can be resolved without litigation, I think it is imperative any lawyer retained have the ability to litigate if necessary.

Do you need a lawyer for a neighbours dispute?

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.

What are the most common types of neighbor disputes?

Oct 22, 2020 · While there are several ways to handle a neighbor property dispute, you should always begin with consulting a property lawyer. The attorneys at Dalton & Tomich, PLC have years of experience with various property issues. If your rights are being violated, please do not hesitate to contact us. We would be happy to speak with you.

What is neighbor law?

Dec 07, 2021 · Thus, it is arguable that Penal Code Section 496 (c) is implicated in certain neighbor disputes, which, pursuant to C.C.P.§1033.5 (a) (10)’s (B) or (C), would entitle the prevailing party to attorney’s fees. To summarize, it is always best to resolve neighbor disputes without litigation.

How do I resolve a neighbors conflict?

How to Handle Disputes with NeighborsMake sure it's really a problem. ... Keep a log of the behavior in question. ... Do some research on the rules. ... Find out what your other neighbors have to say. ... Communicate directly and politely. ... Take time to cool off before confrontation. ... Have a compromise in mind. ... Seek the help of a third party.Jul 19, 2018

Who is responsible for retaining wall between properties California?

Generally speaking, if a fence or retaining wall is on your neighbour's side of the property line, then they're responsible for paying for it. Where it is on the property line, they need to get your permission before building it, and should attempt to come to an agreement on the price.

Can my Neighbour build right to my boundary?

In general, your neighbour only has the right to build up to the boundary line (line of junction) between the two properties but there are circumstances when they can legitimately build on your land. You can give consent for them to build a new party wall and foundations on your land.Oct 30, 2018

Can my neighbor build a fence on the property line California?

California law presumes that a fence located directly on the property line benefits both homeowners equally. As such, the law states that both homeowners are equally responsible for costs associated with repair and maintenance. The costs involved must be 'reasonable,' and backed up by evidence of their need.Jul 26, 2019

The Importance of Enforcing Your Property Lines

It’s very important to both know and enforce your property’s exact boundaries. If your neighbor is encroaching upon your property and continues to...

Finding Your Property Lines

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-refe...

Boundary Fence Laws in Pennsylvania

It’s very common for boundary fences, also known as division fences, to be put up between properties. When a boundary fence is put up with the cons...

Resolving Boundary Disputes

The best method of resolving a boundary dispute is to come to a legal and reasonable agreement with your neighbors. Unfortunately, that isn’t alway...

Who can be involved in a property dispute?

Property disputes can involve just about anyone who has an interest in the real estate in question. For example, most property disputes involve the owner of the property in some way, but they can also involve: Neighbors; Landlords and Tenants; Homeowner Associations (HOAs);

How to resolve a dispute with a neighbor?

Sometimes, a dispute can be resolved by just talking to your neighbor and maintaining a good relationship with them. Politeness and respect can go a long way in resolving minor disputes. If it gets to the point where you feel a demand letter is necessary, you can certainly discuss that option with an attorney.

What is a property dispute?

A property dispute is a legal dispute that involves real estate. While it may sound relatively simple, the term “property dispute” covers a wide range of possible disputes over a wide range of property. The property involved could be anything from a vacant lot to a home, deck, condominium, manufactured home, pond, driveway, ...

What is eminent domain?

Often, property disputes that involve cities or municipalities can involve issues of eminent domain, where the government has the right to take and use property for public purposes.

How to resolve boundary disputes?

Often, boundary disputes can be resolved at least in part by having a proper survey conducted on the property (especially if you’re planning on putting in a fence). Other property disputes may become more complicated, especially when you start running into issues questioning ownership.

What are the responsibilities of a HOA?

Homeowner Association Responsibilities: Which may bring up questions of whether the HOA is responsible for maintenance and upkeep of some elements of the neighborhood. Utility Easements: Sometimes homeowners may not realize whether or where utility easements are located on their property.

What is a cease and desist order?

An injunction, sometimes referred to as a “cease and desist” order, is a judicial order that requires a person to do or stop doing a specific action. In some cases, the court may use a judicial sale of the property to remedy the situation.

What happens when neighbors dispute a fence?

Neighbors rarely begin random arguments over boundaries. More often, boundary issues arise when a property owner makes improvements or changes —erects a new fence or wall, for example. A dispute against a neighbor might soon become ripe for a lawsuit if the neighbor: 1 constructs an improvement that clearly crosses a property line 2 fails to obtain building permits before starting work or installations 3 doesn't obtain approval from a required source such as a city or town planning commission or homeowners’ association 4 builds an improvement that violates a state law, local ordinance such as a zoning restriction, or the covenants, conditions and restrictions (CC&Rs) of a homeowners’ association. 5 constructs an improvement that violates a restrictive covenant (a clause in a deed limiting property use), or 6 interferes with an established property use, such as by blocking a path or driveway.

What is the second option to sue for a land dispute?

Your second option is to sue for a declaratory judgment. This is a way to put your dispute in front of a judge, who will make a legal determination as to whether or not you own the subject land.

What to do when neighbors have different understandings of where the boundary line is?

When you realize that you and your neighbor have different understandings of where the boundary line is, you should be proactive. Schedule a real discussion, where each of you brings your various legal documents, largely from the home transfer and title insurance files — deeds, plat maps, and property surveys —to the table.

Can neighbors argue over boundaries?

Neighbors rarely begin random arguments over boundaries. More often, boundary issues arise when a property owner makes improvements or changes —erects a new fence or wall, for example. A dispute against a neighbor might soon become ripe for a lawsuit if the neighbor: constructs an improvement that clearly crosses a property line.

What is boundary dispute?

A boundary dispute might be a question of confusion or uncertainty. Perhaps neither you nor your neighbor has ever really looked at your respective deeds, and both had different assumptions about the extent of your property. A boundary dispute can also be for technical reasons; perhaps your neighbor's deed actually shows possession ...

Can you sue a neighbor for trespassing?

First, you can sue for continuing trespass or ejectment. In a continuing trespass or ejectment action, you are asking a judge (typically a state court judge) to find that your neighbor is trespassing on your land, and further ordering that the neighbor remove him- or herself and any possessions.

What is the best way to resolve boundary disputes?

There are different types of boundary disputes, and different approaches to solving them. Cooperation and diplomacy, however, are often the best solutions, no matter which side of the fence or property line you’re on. A lawsuit against a neighbor is seldom a good idea.

What is the Washington State statute for boundary disputes?

A Washington statute provides a mechanism for resolution via judicial intervention providing both parties are in agreement. If the parties are not in agreement you may need to proceed with a suit...

What is the Washington State statute?

A Washington statute provides a mechanism for resolution via judicial intervention providing both parties are in agreement. If the parties are not in agreement you may need ...

What to do if you have a property dispute with your neighbor?

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.

What happens if your neighbor encroaches on your property?

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.

Who is Max Beier?

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.

Why do neighbors disagree on fences?

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 ...

Can you find your property lines on a deed?

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.

What is neighbor law?

Neighbor law covers the many disputes that may occur between two individuals that live side by side. Of course, there are many sorts of disputes that can, and do, arise.

How to deal with loud neighbors?

Other courses of action to deal with loud neighbors include: 1 Issuing a Stern Warning, 2 Hiring a Mediator, 3 Calling the Police, 4 Involving the HOA, 5 Filing a Lawsuit.

Why do neighbors have fences?

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.

What happens if you file a lawsuit on your own?

If you chose to file a lawsuit on your own, you must weight the benefits with the costs. The benefits may be a quiet neighbor, and even some extra cash. On the other hand, the cost of having an angry neighbor. And the costs of filing a lawsuit you may not win, may make the effort more trouble than it’s worth.

What is encroachment in real estate?

Encroachments can include: a fence built on your property, a shed which partially enters your property, or a garden bed which is partly on your land.

What is the final option in a neighbor dispute?

The final option is typically the last resort for resolving a neighbor dispute. It is usually employed when the first two options have failed to resolve the issue. While a lawsuit can be costly and unpleasant, it is sometimes the best course of action. It is true that a lawsuit results in fees and costs to the parties.

How to resolve an issue out of court?

Negotiating a resolution out of court allows the parties to own the solution and keeps expense to a minimum. This process typically starts with obtaining a legal opinion on the issue from an attorney. The conversation is then initiated with a letter or possibly a phone call if the relationship is still good.

What are neighbors disputes?

Common neighbor disputes include loud noise, blocking the driveway, tree roots or overhanging trees, and, of course, the litigious boundary line dispute. Unfortunately, however, on many occasions these disputes cannot reasonably be resolved. Moreover, in the process of attempting to resolve them, discussions between neighbors become acrimonious ...

Is an attorney's fee recoverable?

For this reason, whenever you encounter these types of disputes, it is sometimes worth the extra money to hire an attorney. Yes, attorney’s fees are often unrecoverable in cases involving neighbor disputes over real property. Nonetheless, these fees could be recoverable under the penal code. Contents [ hide]

Helping you efficiently resolve disputes with your neighbors

Disputes with neighbors can be sensitive matters. Though you want to take action to protect your property rights, you also will still have to face your neighbor on a regular basis and likely do not want that relationship to completely sour.

Common sources of neighbor disputes

Property disputes with a neighbor may arise for a wide variety of reasons, including the following:

Methods for resolving disputes with your neighbors

Many neighbor disputes can be resolved relatively easily with the help of an attorney. A simple letter from a lawyer or a quick phone discussion can sometimes be enough for a neighbor to cooperate because many neighbors wish to avoid costly legal action.

Contact an experienced real estate attorney for assistance as soon as possible

The longer you let a dispute with a neighbor carry on, often the more contentious the situation will become. For this reason, you should not delay in contacting an experienced neighbor dispute lawyer at the Dickson Frohlich to regarding your issues.

How to resolve a dispute with a neighbor?

Once you’ve reached an agreement, both of you can sign a deed that details the perimeters of the land. You should work with an attorney to sign the deed, which will then need to be filed with your county recorder’s office or land registry office.

What to do if you can't reach an agreement with your neighbor?

If you can’t reach an agreement with your neighbor on your own, a letter from your attorney is a reasonable next step. It lets your neighbor know you mean business before pursuing further legal action. The letter should detail the property line violation and ask for a specific action to resolve the situation. 7.

Do cities have their own property line ordinances?

Property line laws vary by state, and some cities may also have their own property line ordinances. Make sure you fully understand the laws that apply to your specific situation before going head-to-head with your neighbor.

Who Can Be Involved in A Property Dispute?

• Property disputes can involve just about anyone who has an interest in the real estate in question. For example, most property disputes involve the owner of the property in some way, but they can also involve: 1. Neighbors; 2. Landlords and Tenants; 3. Homeowner Associations (HOAs); 4. Trespassers; 5. Family Members; 6. Builders and Developers; 7. ...

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What Are Some Common Types of Property Disputes?

What Is A “Cloud” on Title?

What Remedies Are Available For Property Disputes?

Do I Need An Attorney If I Have A Property Dispute?

Defining Boundaries and Property Lines

First Steps When A Dispute Emerges

Will Title Insurance Cover The Dispute?

How A Lawyer Can Help with Your Boundary Dispute

• You won’t always be able to solve boundary issues on your own, or even with the assistance of a land surveyor or mediator.You might want to consult an attorney, especially if the dispute is over a significant piece of land. Keep in mind: A lawsuit against your neighbor is seldom a good idea. Even if you “win”, you are often stuck living next to you...

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Property Improvements A Common Source of Boundary Disputes

Anticipate Defenses Your Neighbor Might Raise

Questions For Your Attorney