Neighbor Law: Fences, Trees, Boundaries & Noise

By The Editors of Nolo

Resolve neighbor conflicts and get peace of mind

Don’t let a neighborly nuisance turn into a nasty lawsuit. Learn your rights and responsibilities with Neighbor Law, the plain-English guide to the laws behind common neighbor disputes.

Neighbor Law is more than a legal guide—it’s a practical book filled with tips on how to solve problems and restore good neighbor relations. Find out how to handle:

• noisy neighbors
• trees that hang over a property line
• blocked views
• unclear boundary lines
• high, unsightly, or deteriorating fences
• dangers to children (“attractive nuisances”)
• problems with neighboring businesses
• drones trespassing onto your property
• other common issues, like secondhand smoke, blighted property, and animal issues.

The 11th edition includes updated laws and information on going to court, boundary fences, private nuisances, and much more. 

• Language: English
• Publisher: NOLO
• Release date: May 1, 2023
• ISBN: 9781413330861

The Editors of Nolo

Editors of Nolo Nolo’s editorial department includes more than a dozen legal editors and a full-time legal researcher, who collectively have more than 100 years’ experience turning legal jargon into plain English. Most of our editors gave up careers as practicing lawyers in favor of furthering Nolo’s mission: Getting legal information into the hands of the people who really need it. All Nolo legal editors specialize in certain areas of the law, and many are recognized as national experts in their field. They write books, edit books by outside authors, and in their spare time write online articles and blogs, develop legal forms, and create the legal content of Nolo software.

Book preview

Introduction: Neighbors and Legal Questions

Lost is our old simplicity of times,

The world abounds with laws, and teems with crimes.

—Pennsylvania Gazette

February 8, 1775

For most of us, the word neighbor carries almost as much baggage as the term Mom and considerably more than apple pie. We give to it a nostalgic quality, similar to a Norman Rockwell painting. We long for the good old days, for simpler times, for safe streets and porch swings, for a setting when people were really neighborly.

Such thinking overlooks an important factor—human nature. Disputes between neighbors are older than any laws ever passed. They concern space, property, money, and human personalities. The shrinking space of today’s world exacerbates our problems, as does the transiency of society. Often, we simply don’t know our neighbors and are too busy and too tired to make the effort. Congestion and fear of crime tend to make us isolate ourselves. The basic problems, however, are far from new, along with the laws—statutes and court decisions—addressing them. Courts were faced with these dilemmas and published decisions as far back as the 13th century. In the United States, most state statutes on the subject were in place in the 1800s. Laws providing protection for tree owners, for example, were adopted by state legislatures as the country was expanding.

Consider the times and the importance of having neighbor questions resolved. Settlers who went out to string boundary fences had at least two major concerns: water and timber. If they put a fence in the wrong place, taking a few acres of a neighbor’s trees, the stage was set for a legal battle.

These were not just problems of the Wild West. They had to be resolved in every region for property owners, whether they were farmers, ranchers, merchants, or small homesteaders. The tree and fence laws in Vermont, for example, are similar to those in the southern and western states.

Relatively few neighbor disputes reach the courts today. There are several reasons for this. Many of the laws are long settled and disputes are resolved early on. And when a subdivision springs up, the boundary lines are set by licensed surveyors. When property changes hands, a title company insures the buyer and the title. If a difficulty arises, the new owner can usually go to the insurance company rather than to court.

One obvious reason that neighbors don’t often take quarrels to court (except small claims court) is the enormous cost. An argument over a tree is often simply not worth the high fees charged by lawyers. It is one thing to hate the roots from your neighbor’s tree that invade your yard and quite another to put out $5,000 and several years in court to try to change the situation.

Lawyers and judges don’t like neighbor quarrels because they are destructive, are ongoing, and congest already overloaded court dockets. Experience has shown that even after a court rules in favor of one party, the neighbors will find something else to fight about.

What we do see today is neighbors taking their disagreements instead to small claims court. The proceedings are much less expensive and are accessible to almost anybody. No lawyers are necessary, and disputes are settled quickly after the judge listens to each side of the story. There is a limit on the amount of money a person can sue for in this court, typically somewhere between $2,500 and $20,000.

Even small claims court judges, however, dread fighting neighbors and often direct them to mediation. This is a process in which you and your neighbor work out your own problems and reach an agreeable settlement, aided by a trained, impartial mediator. We discuss it in detail later in this book.

Most of us go along day to day being cordial, never mentioning that a problem exists, except behind the neighbor’s back. Sometimes, only to ourselves, we admit that we despise the ever-expanding tree or ugly fence or barking dog. Often, the offending person is never even aware of a problem. We don’t dislike the neighbor, we don’t want to cause a hassle, and we are unsure of where we stand with the law. We don’t know what to do about the situation, so we do nothing.

For those neighbors who rush to call the police or think that court is the only answer, this book offers some alternatives. And for those silent neighbors with problems, we hope it will help them assert their legal rights.

CHAPTER

1

Tackling a Neighbor Problem

Take Preliminary, Preparatory Steps

Learn the Law Concerning Neighbor Rights and Obligations

Open the Lines of Communication Early

Never Act in Haste When Annoyed

Don’t Ignore the Problem, Either

Keep a Log of Neighbor Problems

Know Who Is Responsible

Find Out Who Else Is Affected

Approach the Neighbor

Assume the Neighbor Doesn’t Know

Expect a Complaint Against You

Choose Neutral Ground

Talk About Something Else First

Introduce the Problem as a Common Concern

Phone or Visit the Neighbor

State the Complaint

Complain in Writing

Present the Law

Turn to the Authorities for Help

Try Mediation

Take the Neighbor to Court

What You Can Sue For

Suing a Landlord

Bringing Neighbors Together

What You Must Prove

Nothing so needs reforming as other people’s habits.

—Mark Twain

We don’t have the pleasure of choosing our neighbors—they simply come with the territory. What a great joy it is to move into a strange city or new area and be warmly welcomed. And what a terrible disappointment when instead, the neighbors are thoughtless or given to annoying activities.

The limited space between properties magnifies even a small annoyance. Especially if it occurs every day, what starts out as a bother can turn into a nightmare. And sadly, neighbors (even those who are the cause of the problem) sometimes retaliate when they feel threatened or disturbed, fueling what can escalate into open warfare.

Specific types of common neighbor disagreements are covered in separate chapters of this book. To begin, however, this chapter contains a step-by-step guide to negotiating a resolution to any type of neighbor trouble.

Take Preliminary, Preparatory Steps

Instead of plunging into a neighbor quarrel, you can take preliminary actions on your own that, in the long run, will make you more effective in your efforts to truly resolve the problem.

Learn the Law Concerning Neighbor Rights and Obligations

The law offers protection from neighbors’ disturbing activities. Local laws and subdivision rules prohibit almost anything one neighbor can do that would seriously annoy another. And when there isn’t a relevant law, you can bring a nuisance lawsuit against a neighbor who unreasonably interferes with the use and enjoyment of your property.

When you find yourself on the receiving end of a neighbor annoyance, you will strengthen your position by finding and reading the relevant law. If the offender realizes the conduct that disturbs you also violates the law, you might have found the key to ending the conflict. (Chapter 18 explains how to find local ordinances and other laws that might bear on the situation.)

Local Laws (Ordinances)

Many of the everyday activities that could disturb a neighbor are regulated by city or county ordinances. Especially when citizen involvement is high in a community, what bothers residents the most finds its way into a local ordinance. Uncut weeds, excessive noise (particularly during sleeping hours), dogs roaming at large, even old cars up on blocks might all be against the law.

Whatever your particular concern, always check your local ordinances thoroughly. They’re likely posted online or can be found at the public library or county law library (usually located in or next to the courthouse). Read them yourself and make copies of anything that you think is pertinent. (Chapter 18 has more on looking up local laws.)

Once you have a copy of an ordinance that addresses the problem, your troubles could be almost over. The neighbors might have no idea that what they’re doing is actually against the law. In most circumstances, just presenting a copy of the relevant ordinance will resolve the problem.

Changing Your Local Laws

If the problem is not covered by the law, consider trying to garner support from your neighbors and getting one passed. Talk to a member of the city council or county board of supervisors about your chances of enacting a needed ordinance.

Residential Zoning Rules

In most residential areas, zoning laws allow only single-family dwellings. This means that the investor who purchases property down the street and then turns it into an apartment house for partying college students might be violating the zoning laws.

Zoning laws might also prohibit running a business at home that attracts customers and creates traffic in a residential area. These can block, among others, home-based beauty parlors, child care centers, art studios, tax preparers, and car mechanics. The neighbor who has a yard sale once a year is not really in business (although some towns require a permit), but the one who has an active website displaying products or opens the garage door every Saturday morning for a sale is probably violating the law.

Before you complain about a possible zoning violation, always check the municipal zoning map. The neighbor creating a problem might be located just over the zoning line, in an acceptable district for the activity. Also be aware that, in some circumstances, cities have the power to zone land that lies just beyond their boundaries.

Subdivision Rules

If you live in a subdivision, condominium, or planned unit development, you are likely to be subject to property regulations called covenants, conditions, and restrictions (CC&Rs). These CC&Rs are normally contained in a separate document that is referred to in each property owner’s deed. The homeowners’ association (HOA) office can give you a copy of the CC&Rs if you need one.

Although you can still use a local ordinance to help you in most of these communities and subdivisions, the CC&Rs are often much stricter and more detailed than local laws. They restrict all types of activity on the property—for instance, some don’t allow the use of outdoor clotheslines, and others prohibit installing a basketball hoop on the garage. When the property is subject to these extensive restrictions, just about anything one person could do to annoy another will probably be addressed.

In areas that have these regulations, a disturbed neighbor can inform the homeowners’ association of a violation of the rules. Depending on the particular structure of the association, the complaint process will be more or less formal. The association will notify the person accused of the violation and demand conformity to the regulations. It might sanction the person by suspending privileges—for instance, the use of a tennis court or a swimming pool.

Some associations have the power to sue a member of the group to conform. One neighbor can also sue another to enforce the restrictions, but the lawsuit must be in regular court (not small claims court) and will be expensive.

Additional Rights If You’re a Tenant (or Your Neighbors Are)

If you rent an apartment or a house—or if your neighbors do—you might have additional avenues for relief from neighbor problems.

Your right to quiet enjoyment. All tenants have at their disposal a legal tool quaintly called the covenant of quiet enjoyment. It means that you have the right to undisturbed use of your rental, such that the landlord may not create, tolerate, or maintain any conditions that interfere with your ability to possess and enjoy it.

To prove a violation of the covenant of quiet enjoyment, you must show that the offensive condition is something that the landlord has the power or ability to control—but hasn’t. Even if your lease or rental agreement doesn’t specify that the landlord must abide by this covenant, state law does. Although every state has its own interpretation of what might qualify as a breach of this covenant, common violations include failing to enforce the quiet hours laid out in the rules and regulations and failure to deal with other tenants dealing drugs on or near the property.

Some states apply the covenant strictly, though, requiring the interference to be so bad that you’re essentially forced to move out (known as a constructive eviction).

In practice, the covenant of quiet enjoyment means that your landlord has to make sure that all tenants under the landlord’s control act in ways that don’t unreasonably interfere with each other’s rights to peace and quiet. The landlord can, and must, evict tenants who refuse to stop unreasonably disturbing others. Smart landlords drive this point home by including a clause in leases or rental agreements in which tenants promise not to conduct any activity that would disturb others.

Problems with tenants in your building. Let’s start with the most common situation: You rent in an apartment complex that’s controlled by a single landlord. Other tenants have frequent parties that keep you up late at night.

As a first step, talk to your partying neighbor about all tenants’ rights to quiet enjoyment. If the lease or rental agreement includes a quiet-enjoyment guarantee (or a rule about quiet hours), remind the neighbor about it. If you don’t know the neighbor, write a note and attach the agreement to it. Sign it and slip it under the door.

No response? Obtain the support of other annoyed tenants. A neighbor loathed by the entire building might mend ways. If polite attempts to work things out fail, it’s time to involve the landlord or the building manager. A wise landlord doesn’t want an unhappy group of residents and will force the problem neighbor to abide by the agreement or terminate the tenancy.

If the landlord refuses to help, depending on state law you might be able to break your lease and move out without future liability for rent. Or, you might want to stay and sue the landlord in small claims court, asking for a rent reduction that represents the diminished value of your rental.

Before moving out or suing your neighbor, consider consulting with an attorney to discuss both what the covenant of quiet enjoyment means in your state and what your remedies might be. For example, not all states allow tenants to break their lease due to a breach of the covenant—they require that tenants sue the landlord instead.

Problems with tenant-neighbors on separate properties. If your problem is with a neighbor who rents from someone other than your landlord, your landlord has no legal control over the situation. The most that your landlord can do is to appeal to the neighboring tenant and landlord for cooperation or, if this fails, take stronger measures as described in the rest of this chapter.

Approach your landlord and explain the situation, asking for help with the next-door tenant and landlord. A conscientious landlord will try to remedy the situation, knowing that unhappy tenants in the building spell vacancies ahead. If it doesn’t help, you probably cannot break a lease and move out without negative consequences.

Problems of homeowners with neighboring rental properties. If you’re a homeowner with a rental property next door and the tenants are creating a disturbance, what are your options?

First, you’ll want to contact the tenants and ask for their cooperation. If that fails, get in touch with the landlord or property manager and ask that they intercede on your behalf. That might be sufficient, especially if the tenants are month-to-month renters whose tenancy can be terminated with relatively short notice (most states require 30 days). If you get nowhere, you’ll have to approach the problem as you would any neighbor issue.

State Laws (Statutes)

Some situations that affect neighbors are regulated by state laws. If you think that your neighbor is breaking the law, you might well find the answers in your state statutes. Common state statute topics relevant to neighbor relations include:

adverse possession

boundary fences

damage to trees

disorderly conduct

easements

nuisance

right to farm

spite fences, and

trespass.

State statutes can normally be found online or in a large public library or a county or university law library. (See Chapter 18 for more on legal research.)

Open the Lines of Communication Early

How fortunate neighbors are when they know and respect each other well enough to comfortably discuss and solve any problems that arise. For many of us, this is not the reality of our lives. But most people can still lay the groundwork that will make things easier should a dispute occur.

Long before you complain, before you even have a problem, get out there and meet your neighbors. The long-range benefit of being able to call someone by name, of creating even the tiniest bit of goodwill, is enormous when a problem arises.

Many people simply don’t have the time or the inclination to be friendly with their neighbors. But it is not necessary to socialize with someone in order to make conversation possible. A simple introduction followed by a cordial good morning or hello on a regular basis will put you on the right footing and make communication easier.

Just knowing something about your neighbors can help avoid conflict. If, for example, the person next door is a nurse working the night shift and sleeping during the day, you want to know this to avoid creating problems yourself. Knowing your neighbors is a no-lose situation—over time, it can also have the pleasant result of building real community.

Never Act in Haste When Annoyed

When an annoyance first occurs, there are several reasons for not reacting instantly. Acting in anger, whether it’s racing over in your bathrobe and slippers, screaming through the telephone, or bringing in the police without warning, reveals your own lack of control and guarantees disastrous resentment.

But even more important, you need to know just how serious the problem is—whether it will be ongoing, occasional, or a single disturbance. You need more facts and therefore more time.

Suppose a new neighbor moves in and immediately throws a rowdy party that is still going strong at 2 a.m. You rush over, bristling with outrage, and try to stop the party. Later, you learn that the affair was a giant housewarming or an annual birthday party and that this person is a quiet, model neighbor the rest of the time. What have you done? You’ve spoiled your future relationship—and you’ve also made it harder to gather a few friends yourself.

This same rule of wait-and-see applies when a barking dog appears on the scene. Maybe the neighbor is dogsitting for one night or trying a new dog outside and will learn without your help that it doesn’t work. Stereo suddenly blasting? The neighbor could have invested several thousand dollars in a new system and wants to be enveloped in it just once for the experience. Screaming fight next door? Well, people fight occasionally, and in the heat of the battle, they forget about the neighbors.

Don’t Ignore the Problem, Either

If a problem isn’t absolutely ruining your life, it might be tempting to ignore it: get earplugs to wear whenever the barking dogs are outside or turn a blind eye to the fence being built on your side of the property line, for example. But there are significant downsides to such an approach.

One is that it’s easier to head off some issues at the pass than to try to undo them later; for example, by speaking up now, you’ll up the chances that the neighbor can get some training for their barking dogs while the dogs are still young or alter the fence location while the contractor is still on site.

Another reason is that if you own your house and might one day sell it, an existing neighbor issue can lower your property value or make the sale more difficult. In almost every state, home sellers are required to disclose (usually on a standard form) physical, environmental, and other issues with the property. Noise, neighbor disputes, and boundary issues are often listed on the standard form. And even if they’re not, most states expect sellers to disclose any material issues affecting the property’s value.

What’s more, even assuming you aren’t legally required to disclose a particular issue, a savvy prospective homebuyer might ask questions like, What’s up with that hideous 12-foot fence blocking your view of the neighbor’s house? or Why are that tree’s limbs cut off on one side of the property line, and should I be afraid it’s going to topple?

In short, an issue you don’t deal with now could turn into an even bigger one later.

Keep a Log of Neighbor Problems

The most effective way to remain in control when faced with a neighbor problem is to sit down and describe it on paper. This simple act will distance you from your anger and help you manage the situation. And over time, writing down your concerns will tell you how serious the problem is and how often you are being disturbed.

List what has happened and when. This record will help later when approaching the neighbor, talking to the authorities, or going to court. Even if it means putting up with the problem for a time while you accomplish this, you will have exhibited your own tolerance and discipline and be in a better position to take action.

Know Who Is Responsible

When the peace of the neighborhood is suddenly shattered and you don’t know your neighbors, the easiest reaction can be to call the cops to investigate the disturbance. This approach can make the situation much worse. The neighbor at fault might not even be told who the accuser is and so won’t be able to explain or even apologize. The neighbor will feel defensive, isolated, and suspicious of everybody—a bad neighbor. You might succeed in stopping a problem for the time being, but the same problem or others will almost certainly surface again.

Try to find out who the offending neighbor is and deal directly with the person responsible. The long-term results will be more desirable.

Knowing who is responsible also includes more than finding out who is committing the offense. If the problem neighbor is a tenant who turns out to be uncooperative, the landlord might well be the person who can remedy the situation. This can be true for many problems, including noise, property deterioration, and tree and boundary disputes.

Find Out Who Else Is Affected

If you are being seriously disturbed by a neighbor, chances are you are not alone. A noise problem, for example, likely affects several neighbors. You could find that other concerns also bother more than one neighbor. Neglected property, noxious fumes, blocked views, even an unclear boundary line can be a problem in common. Contacting others who are adversely affected and having them join you in your efforts can be wise. It strengthens your position and also dilutes the possibility of hostility or retaliation.

Is a Picture Worth a Thousand Words?

It might be tempting to photograph or record your neighbor’s misdeeds as soon as the troubles begin. There are arguments for and against this tactic, however.

On the one hand, if your neighbor is unaware of the problem or flat out denies it after you’ve already attempted to explain the situation, then it could be a great help to show a picture of the way her trees block your view or play a recording of her puppy’s daily barking fit. Furthermore, if you are unable to successfully resolve the dispute in face-to-face conversations and decide to take your neighbor to small claims court, documentation of the problem will certainly help your case.

On the other hand, think of how you would feel if your neighbor suddenly started taking pictures of you or your property. Would you feel harassed, as if your privacy had been violated? Would you feel angry and less interested in trying to calmly resolve the dispute? Would you call the police?

Putting a camera between you and your neighbor might block communication when it is needed most to keep a quarrel from escalating. If you do decide to take photographs or video, stay on your own property when you do it.

Approach the Neighbor

Complaining to a neighbor is never easy. In fact, it can be so intimidating that people put up with terrible problems for years just to avoid confrontation. However, by being prepared and using common sense, you can make the task less unpleasant and much more productive.

Assume the Neighbor Doesn’t Know

The very last person to know that someone is disturbed is usually the one causing the disturbance. It is sometimes amazing how dog owners really don’t hear their dogs bark. The neighbor who plays Yankee Doodle Dandy each night at megavolume just when your head hits the pillow might actually believe it helps everyone get to sleep. And some people are just plain thoughtless and have to be told that a problem exists.

Even if you are almost positive that the neighbor knows and doesn’t care about an annoyance, assume the neighbor wants and needs to be told. It can’t hurt to approach them with this assumption, and it might help.

Expect a Complaint Against You

Whenever you approach a neighbor with a grievance, be ready for a complaint against you; the neighbor might desperately grab for one. Never forget that you might actually be at fault for some minor past or present irritation and not know it. Your neighbors might be leaving their dog—who could sing bass in the choir—under your window at night because they’re angry about your tree’s annual shower of debris but too timid to speak up. Ask yourself how you would like to be approached if you were responsible for a problem.

Choose Neutral Ground

Observe the neighbor’s habits (but don’t be a stalker). What time does your neighbor get home from work? Does your neighbor water the yard at a certain hour? When does the trash go out? How about shopping trips or doing laundry?

What you’re looking for is a common ground, a place to meet that is not exactly your territory and not your neighbor’s. A parking lot, a sidewalk, a laundry room, and the boundary of properties are all possibilities. Choosing a neutral spot for your first chat creates a more equal footing and can head off territorial defensiveness.

Talk About Something Else First

Try bringing up a subject of common interest. Do you think it will ever rain? Do you think the city will pass that parks referendum? How about those Raiders? Get the conversation going before you plunge into a complaint. Once you are talking, you can gently shift into the problem.

Introduce the Problem as a Common Concern

Imagine the perfect scenario. You and the neighbor are out side by side on the boundary, watering your parched plants and complaining about the weather together. You look up at the neighbor’s monster tree loaded with dead, menacing limbs and innocently ask, Aren’t you afraid some of those big limbs are going to come down? You’ve asked for an opinion on a topic of mutual interest instead of stating, By golly, I hate that tree of yours; do something about it or else.

How about, Now that the weather is warmer and the windows are all open, do you think we should all turn down our TVs a little? Or, The walls in this building are so thin that the sound passes straight through them. Is there anything you can think of that we could do about it?

With conversation first, common interests, and neutral ground, the neighbor might help solve the problem and you might find you have avoided any confrontation at all.

Phone or Visit the Neighbor

If for some reason you can’t use neutral ground, you can still attempt a tactful phone call, using some of the tips above. Be sure to show your own consideration by calling at a convenient time, say early evening. The neighbor will be more responsive and less defensive.

If you want to go over to the neighbor’s house, again choose a reasonable time—a weekend afternoon, for example. If you have found others affected by the problem, consider going together. But don’t bring a big gang that will immediately make the neighbor feel attacked. Be prepared for some defensiveness when you complain on the neighbor’s own territory, and use common sense. Something as basic as what you wear can affect the outcome. Keep it casual. If you come calling dressed in a coat and tie and the neighbor is in casual at-home clothes, you might have unwittingly encouraged hostility.

State the Complaint

You might be forced to just come out and tell the neighbor that a problem exists and it needs correcting. Still, some approaches work better than others. Try, I’m sure you would want to know that your stereo (or tree or collection of old cars in the yard) is disturbing me. Explain why you are disturbed, for example that you couldn’t sleep Tuesday, Thursday, and Saturday nights (remember your list), or you’re afraid the tree will fall on your car, or you think the yard’s condition lowers property values on the street.

Don’t be afraid to say you are sorry, that you hate

Reviews for Neighbor Law

[chsbellboy_1 · Rating: 3 out of 5 stars]

For adults who are just starting home ownership, or about to move into their first neighborhood, this is a good book to introduce you to the legal aspects of being a neighbor. While some of the book looks at dealing with issues, it also talks about resolution and responsibility.

[lisamorr · Rating: 5 out of 5 stars]

Very good book! I'm fortunate that I really haven't had any of the issues described in the book to any great degree, but I did always wonder about some things - like, what happens when the truck of the tree expands onto my property, do I have a right to that view I paid so much money for, and what about a noisy neighbor?There are chapters on each of these issue and more, like injured/damaged trees, encroachment of roots, who owns the fruit/nuts, fences and trespassing/access issues.This useful book is set up with an introduction describing the common steps you should take to address most of these problems, and then each specific chapter talks about various state and local laws, and any interesting precedents. It includes many sample letters and some very helpful appendices describing state laws for various issues.A very useful book!

[walkonmyearth · Rating: 5 out of 5 stars]

My neighborhood is diverse in many, many ways. One is in how people respond to problems or possible problems. Some can watch a person being beaten and not call 911, but call the police because five 10-year- olds are riding bikes on an empty street. A neighbor will call code enforcement to report that a neighbor left her garbage bin out overnight while he himself leaves his on the curb 24/7. My advice is, talk with the neighbor first – by phone or in person – in a civil, friendly tone. Don’t jump to calling city departments right away. And better than anything, I hope you’ve tried to build a friendly relationship long ago before you ever got to know each other’s personalities.People and situations not being perfect, NEIGHBOR LAW: Fences, Trees, Boundaries & Noise, by Attorneys Cora Jordan and Emily Doskow, offers real solutions to common problems. The substance of the book doesn’t become stifled or diluted because of varying state or city laws. Doskow and Jordan offer common sense, step by step advice in logical sequence with practical, easily applied examples of letters and conversations. The appendixes and Index provide state and legal resources, with a web site for updates. If friendly dialogue and attempted resolution doesn’t work, the reader is taken to the next level with suggestions of what statutes, laws, or legal contacts or actions might help. I serve on the board of my district community council board, and attend the monthly community meetings where residents bring problems that range from noise, disintegrating retaining walls, and junk cars, to meth labs, guns, and vandalized vacant houses. Very few attempted resolutions seem to have started with a civil conversation. I realize that sometimes fear is an uninvited guest, and all too often, it’s not clear in some neighborhoods who actually lives, owns, or is responsible for a house, especially a rental which a German bank owns.Given all that, I very highly recommend Neighbor Law as a reference handbook for any community group, neighborhood mediator, or just easy, helpful reading to be a more informed, understanding, and proactive resident.State statutes, general laws, common sense guidelines and reasonable use guidelines are offered for various situations and disputes , including unclear boundary lines, overhanging trees, animal issues, ‘attractive’ nuisances, fences, and noisy neighbors. When things go too far, there is a section on restoring relations. Whether you live in a bungalow on Primrose Lane, a McMansion in Andover, a farm in Forest Lake, or you are one of 300 apartment units on McKnight, you are someone’s neighbor - buy the book and first read the tips on building community.Now, please excuse me, I really need to read the section on secondhand smoke. Thank you, Cora Jordan and Emily Doskow, for helping maintain a higher quality of neighborhood life!sh 6/11/11

[brendajanefrank · Rating: 5 out of 5 stars]

Everyone has neighbor problems at some time, and this book has the answers. Since property and zoning laws vary by jurisdiction, "Neighbor Law" solutions have to be general guidance, but the best part of this book is that it points you to the source of the solution. Examples include code and case citations, so you can research the law where needed. Also, there's an entire chapter on how to find the controlling law. "Neighbor Law" is comprehensive, covering all aspects of tree problems, property lines, fences, trespass and easements, water, and neighbors operating businesses from their homes. It includes sample letters and suggestions for avoiding problems. Examples taken from court cases demonstrate clearly neighbor problems and outcomes and add entertainment value to the text. The chapter on "spite fences" is particularly interesting. For instance, when a homeowner's panoramic view of the ocean on one side and the mountains on the other was blocked by a new two-story house, the homeowner retaliated with a spite fence. This fence blocked the new family's view of the mountains since it was the exact dimension of the new house, 30 feet tall and 100 feet long! Courts view spite fences as nuisances and will order removal and sometimes damages. "Neighbor Law" is a great reference for the homeowner, both in acting reasonably to avoid problems with neighbors and in resolving existing issues with the least pain and effort.

[fugitive_1 · Rating: 5 out of 5 stars]

This is probably the most personally useful and interesting NOLO press work I've read to date. Like me, you may live in a neighborhood with people who raise chickens, let their cats out unattended (we're one - don't hate me), and occasionally trees and branches damage houses during storms. Not to mention folks having noisy parties, erecting new fences, and just generally annoying neighbors who leave that old refrigerator unattended in their back yard. Note: anyone one of us can be an annoying neighbor to our neighbors. All of these issues are covered, to varying extents, by this book. The largest area of coverage involves plants with 5 out of the 20 chapters dealing with trees, shrubs, roots, and fruits (and the occasional nut). Who gets to keep the oranges that fall in your yard from your neighbor's tree? Can you pick the fruit hanging over your fence? Can you throw them at the annoying chickens next door? This book gives solid guidance on how to approach all of these, and similar, issues. As it says on the cover, it also explains the legal issues regarding "Fences, Trees, Boundaries & Noise."The overall ethos of the book is to first, understand the issues and try to identify local laws and ordinances. Second, try non-legal remedies before pursuing formal actions. And third, how to pursue appropriate legal actions, such as taking individuals to small claims court or enforced mediation.Works like this cannot be comprehensive legal guides covering all possible issues in depth. This work is a solid one volume very useful advanced guide. It regularly, and rightfully, refers you to seek out the relevant local laws and ordinances. Chapter 18, "Legal Research," gives basic guidance in doing just that. The book explains the general legal background and context for the broader issues (e.g., Chapter 5 "Unsound Limbs and Trees"), and gives clear directions to appropriate state level statutes. In fact, the 5 appendices included list legal citations to specific state statutes for (A) Injury to Trees, (B) Private Nuisance, (C) Boundary Fences, (D) Adverse Possession, and (E) Right-to-Farm. You'll have to look up the current statutes for the full text of them.I don't hesitate to give this work five stars, and unequivocally recommend this as a MUST PURCHASE for all public libraries. Everyone has neighbors.Note: The reviewer received a free copy of this book via the Amazon Vine program.

[leewit · Rating: 5 out of 5 stars]

Another excellent legal reference from Nolo Books. It explains the reasoning behind most laws concerning neighbors. It gives advice on how to avoid using the legal system, and why that's the preferred way to resolve problems. Then it explains how to use the legal system, if you've exhausted all other possibilities. Laws from individual states are included, either as an example of a typical law, or as an exception to most other state laws.Neighbor Law includes sections on all of the expected issues, such as trees, animals, noise, and dangers to children. It also includes sections on second hand smoke, living next to a business or farm, and the complications of unclear boundary lines.This is an excellent book to have on hand, so that you can avoid turning a minor dispute into a full-blown feud.

[spiceca_1 · Rating: 4 out of 5 stars]

If you've ever had neighbors then you are bond to have differences in one facet or another- whether it be a tree or noise or the property line. This book details the tree and boundary issue very well. The part where I felt it fell short (only a little) was when it came to noise and animals. I know they have a book devoted to dogs but I would have liked to see even a snippet covered since dogs can be quite an issue in turning good neighbors into a war. Other that this it is a clear and concise book including references on the aspect of boundaries and trees.

[whitmelb · Rating: 5 out of 5 stars]

One facet of life we all face are neighbors and, unless we have taken to being a hermit and even then you are not necessarily far from the madding crowd, problems arise as personalities, pocketbooks and preferences bounce off one another. Having survived the rigors of city living you have at last escaped to the countryside where the kids and dog can run free and the adults can enjoy quiet evenings on the back porch. Well maybe not deep into the countryside but certainly into the quiet suburbs perhaps to a house in a lovely development. But even here neighbors surround you with their desires. And to prevent your house having a ruined trailer moved next door, you chose a development that has an HOA. But an HOA does not mediate between neighbors unless someone has broken a covenant.No matter what you are going to need the book NEIGHBOR LAW sooner or later. As time passes that lovely little tree next door starts to loom large in your yard, the puppy down the street grows into a mastiff large enough to ride or any number of other things that seemed so small at the start have bloomed into major annoyances.Prepare yourself ahead of time, get the book now and read it thoroughly. It will provide invaluable information on how to handle these neighborly problems and who can help you. If you are already settled in and can see a problem developing, buy this book and it will go far in helping you keep the problem from getting out of hand.NEIGHBOR LAW is an excellent resource for preparing to confront a problem over almost anything that can arise between neighbors.A final note. If you are a member of an HOA Board you would do well to buy a copy and make it available to the rest of the Board.

[dmichaud_3 · Rating: 4 out of 5 stars]

From NOLO, the leading publisher of self-help legal guides, comes the 7th edition of Neighbor Law by attorneys Cora Jordan and Emily Doskow. First published in 1991 the latest 2011 edition is thoroughly updated and highly user-friendly. Arranged in 20 short chapters and appendixes that outline specific statutes, Neighbor Law gives an excellent overview of a broad range of legal issues that can, and often do, arise between neighbors. Issues such as excessive noise (ch.2), encroachment of neighboring trees (ch.4), and obstruction of view (ch.8) are all familiar problems and the general advice offered here gives a good sense of the legal definitions and approaches to take for remediation. The excellent advice that follows a pattern of least involved all the way to seeking legal counsel and filing suit. Other less well known issues perhaps are also addressed as well. Among these are issues arising around the right to farm in a rural neighborhood (ch.14). Personally, I did not known that there is often a “right to farm” if one’s property meets certain requirements of size and location. This is a very good thing to know before a neighbor decides to raise pigs however! In short, Neighbor Law offers both a great first option for guidance on the usual disputes between neighbors as well as providing interesting if less commonly applicable, information to cover nearly every sort of legal matter between neighbors. A final note: In those cases where the law develops quickly NOLO offers free updates to the information in this book online at Nolo.com. This is a brilliant addition that will keep this book useful well into the future.