what type of attorney handles neighbor disputes

How to handle bad neighbors the legal way?

7031 Koll Center Pkwy, Pleasanton, CA 94566. master:2021-10-25_10-02-22. Everyone has neighbors, and where there are neighbors, there can be problems. Whether it's a barking dog, an untrimmed tree, a cluster of cars in the front yard, or a loud party, find answers about how to deal with challenging neighbors while maintaining your sanity and ...

Do I need a lawyer for neighbor harassment?

Jul 27, 2021 · Neighbor Disputes: From barking dogs to excessive yard clutter, there are many things that can strain relationships between neighbors. While not every neighbor disagreement requires legal action, there are some neighbor-related disputes a lawyer can help you either settle or resolve in other ways.

How to resolve neighbor 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.

How to handle disputes with neighbors?

Aug 02, 2016 ·

How do you deal with a neighbors dispute?

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

What happens when neighbors disagree?

Encroachment can quickly turn from a nothing issue to a big issue. It can lead to liabilities, damage to property and cause problems when you try to sell the property. Over time, your neighbor's encroachment can turn into an easement, giving your neighbor rights to your property.Dec 15, 2021

What can be done about bad neighbors?

Type 1: Slightly Annoying NeighborsIntroduce Yourself & Get to Know Them Better. ... Don't Accuse, Tell Them How it Makes You Feel. ... Mirror the Behavior of Your Neighbor. ... Consider Using Mediators. ... Give a Warning (Concrete One) ... Seek Support From Other Neighbors. ... Call Your Neighbor's Landlord. ... Contact HOA (Homeowners Association)More items...

What are the most common Neighbour disputes?

Common neighbour disputesNoise. A common complaint raised by people is to do with noise. ... Trees and hedges. Overhanging trees are another common reason for neighbour disputes. ... Boundaries, fences and driveways. ... Shared amenities. ... Party walls. ... Abusive, anti-social or violent neighbours. ... Overhanging gutters.

What are the 4 types of boundary disputes?

Broadly speaking, the majority of these disputes can be broken down into four categories:Lot line disputes.Fence, landscaping, and outbuilding disputes.Access disputes.Adverse possession claims.Nov 25, 2020

How do I settle a property dispute?

A family settlement is usually used to settle common property or joint property that the family owns as opposed to individual or self-acquired property. Those who wish to avoid protracted, public and messy court battles will find that family settlements are a quicker, more harmonious way to resolve disputes.May 20, 2013

How can I legally harass my neighbor?

Useful Tips on How To Annoy Neighbors LegallyTurn the volume up.Mow your lawn as soon as the sun comes up.Park your car in their favorite parking spot.Learn how to play bongos in your bedroom.Invite your friends over for a loud dish sesh.Install a basketball hoop in your living room.

How do you deal with a passive aggressive neighbor?

To stop the cycle, try these five steps:Hold them accountable. When you fail to hold a passive-aggressive person accountable for their actions, you unintentionally perpetuate their behavior. ... Stop apologizing. Unless you did something wrong, don't apologize. ... Put your needs first. ... Don't play the game.Nov 1, 2017

What is classed as harassment by a Neighbour?

Harassment is when someone behaves in a way which makes you feel distressed, humiliated or threatened. It could be someone you know, like a neighbour or people from you local area or it could be a stranger - for example, someone on the bus. Examples of harassment include: unwanted phone calls, letters, emails or visits.

What is considered a nuisance?

A nuisance typically involves non-physical elements, such as odors or sounds. In order to get relief from a nuisance claim, the offending action must be both substantial and continuous. This means the occasional barking dog or annual all-night party would not be considered an actionable nuisance by most courts.

Is a nuisance a public nuisance?

A private nuisance claim is one that affects just one or a handful of neighbors, such as a loud rooster that crows at dawn every day. A public nuisance is typically much more far-reaching and involves the public in general.

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Mediating Neighbor Disputes

Mediation is one of the most effective ways to deal with disagreements with neighbors. But how does one deal with some of the thorny details of reaching and living by a compromise?

Select State's Laws on Property Disputes Between Neighbors

Texas Tree Damage Laws In Texas, if someone damages your tree, you can recover your actual damages (usually, what you paid for the tree or what it would cost to replace the tree).

Frequently Asked Questions About Neighbor Disputes

How Do I Stop Neighbors' Marijuana Smoke From Drifting Into My Child’s Bedroom?

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.

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.

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 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 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 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, ...

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.

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);

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 cloud on title?

Generally speaking, a “cloud” on title refers to any irregularity or outstanding claim in the chain of title to the property. Usually this means that there is an unresolved claim, a lien, or some other encumbrance on the property that would prevent transfer of ownership from one party to another.

How to deal with a nuisance?

A good first step is to schedule a face-to-face meeting and calmly tell them about your concerns. If that doesn't work, it's time to put your complaints on paper.

Is it common to have a neighbor dispute?

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 ...

Is their music keeping you up all night?

Is their music still keeping you up all night? It is quite common for neighbor to retaliate by either ignoring you or doing it more often. In the noisy neighbor case, they may have even turned the volume up a bit. Well, now, it may be time to call the police. The police will often respond to noise complaints and remind the offending person about the same noise ordinances mentioned earlier.

Do police respond to noise complaints?

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.

Can you live down the street in small claims court?

By this time, most rational people will have found a way to peacefully co-exist. But, you may live down the street or next door to someone who's unusually difficult. In this case, small claims court may be a viable option. It will help you get their attention, and maybe even a little money.

Can you sue someone for noise?

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.

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 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.

Do fences make good neighbors?

They say good fences make good neighbors. Indeed, having a clear sense of boundaries — where your land ends and your neighbor's begins — is critical in maintaining a good relationship. Because your land —and your neighbor's—is probably your most valuable asset, boundary disputes can become heated very quickly.

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.

Can you be charged with harassment?

You can be charged with harassment if your behavior is intended to harass a particular person or persons. If the conduct is merely insensitive, thoughtless or profane, it does not necessarily constitute a crime.

Is harassment a felony?

Neighbor harassment is often a misdemeanor, but can be enhanced to a felony if the offender has a prior misdemeanor conviction or the act involves an imminent threat of violent action. Although most states require that the harassing behavior occur multiple times, if it involves a threat of violence that could result in death or severe physical ...

Is loud music a disorderly person?

Someone who merely plays loud music once or twice or has an occasional raucous party may be charged with a disorderly person offense, but is rarely charged with anything more severe since there was no intent to harass a particular person.

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. Government Agencies; and/or 8…

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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

• What are boundaries or property lines? Essentially, these are the lines on a county’s tax map that define and set apart different parcels of land. In condominium units, these sorts of “lines” are very simple, since you can easily spot the “beginning” and “end” of an apartment unit. But boundary lines can become more complicated in single-family residential, suburban, or rural settings. Whil…

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Property Improvements A Common Source of Boundary Disputes

Anticipate Defenses Your Neighbor Might Raise

Questions For Your Attorney