| MANAGING NEIGHBORHOOD PROBLEMS
Q. What's the best way to handle a dispute with a neighbor?
A. Unless you intend to move, resolving a problem amicably is
in your best interest.
Neighborhood spats typically originate from minor disputes over boundary
lines, fences,
junk cars, noise, pets, and trees. If the problem cannot be solved between
the two of you,
different disputes call for different remedies.
If a neighborhood problem is addressed in your local government's zoning
code,
which regulates which activities are permitted in a neighborhood, you
may be able to turn
to municipal officials. If you live in a condominium, cooperative, or
planned subdivision,
private regulations and a homeowners' association to back them up may
provide support.
If the offending activity is classified under common law as a nuisance,
it might be either a
crime or a civil offense under local law. And if the appropriate agency
doesn't take action,
you could file a lawsuit in court to stop the activity or in small claims
court for monetary
damages.
In all cases, you will want to know how the law, as well as municipal
and
subdivision regulations, can be put to use if you are unable to resolve
things quietly.
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Step-by-Step Guide for Resolving Neighbor Problems
Step 1: Discuss the problem with the neighbor, who may not be aware
that the latenight
parties bother you or that Fifi is digging up your flower bed.
Step 2: Warn the neighbor. Obtain a copy of the applicable local
ordinance (look in
the "municipal code," which should be found in your local
library or in
City Hall or contact your local council representative). Mail it
with a letter
of warning alerting your neighbor of a violation of the law. Wait
a
reasonable time to see if the problem is resolved.
Sample Warning Letter
Dear Neighbor,
Just as you enjoy playing your stereo, I enjoy a quiet environment
in my home. It is
impossible for me to do so when your stereo is played at such a
loud volume. Please read
the enclosed municipal noise ordinance. You will see that the law
requires that you
comply and keep your stereo to a reasonable volume. I trust that
we can resolve this matter
amicably, so that I will not be forced to contact the authorities.
Thank you for your
anticipated cooperation.
Step 3: Suggest mediation. Try to work out the problem with a impartial
third
person mediator to resolve the dispute informally.
Step 4: Contact the authorities. If all else fails, call the police
and/or file a civil lawsuit
against the neighbor. |
Q. How can I tell if my neighbor is violating a zoning ordinance?
A. City or county zoning regulations may limit the height of
fences, the use of property for
commercial purposes, or the decibels of noise allowed at night. In some
cases, city
officials notice a violation and issue a citation, but usually it is up
to the neighbors to
complain. If you suspect a zoning violation is causing the problem—such
as the
transformation of your vegetable garden into a shade garden thanks to
your neighbor's
new 12-foot fence—check with your city hall or town council to see
if there's a regulation
on the books. Either town hall or the local library should have copies
of municipal
ordinances.
Q. What can I do if my neighbor is violating a zoning ordinance?
A. Notifying the neighbor that he is violating an ordinance may
take care of the problem.
To file a complaint, you may have to contact the city attorney or the
controlling agency,
such as the local zoning board. If the city takes up the cause for you,
it will require less
effort and expense on your part than filing a nuisance suit. You won't
receive money,
however, because your neighbor will either be ordered to comply with the
zoning rules,
pay a fine to the city, or both.
Handling Disputes in Common-Interest Communities
If you live in a common interest community, check the bylaws and regulations
of your
development to see whether there is a rule against the activity in
question. Your
homeowners' association can be a powerful ally. After all, if a neighbor's
actions are
bothering you, they may be equally troublesome to other residents
of the development. If
your neighbor refuses to comply with your initial requests, consider
asking other
neighbors if the situation bothers them, too. They may be willing
to sign a petition or a
joint letter to the homeowners' association, which is more likely
to draw the attention of
the board than a complaint from an individual.
The association will investigate the complaint, ask for input from
the offending
neighbor, then take a vote as to whether official action is warranted.
If the board feels your
neighbor has violated its governing rules, it will likely begin by
issuing a formal warning
letter. In extreme cases of noncompliance, homeowners' associations
have referred the
matter to the city attorney or have filed their own nuisance suits
against the offending
resident. |
Q. What constitutes a nuisance?
A. A nuisance is the legal term for a person's unreasonable action
that interferes with your
enjoyment of your property. Anything from noxious gases to annoying wind
chimes may
constitute a nuisance. The law of nuisance involves a balancing test,
weighing the social
value of the activity against the social value of your use and enjoyment
of your property.
Accordingly, authorities who have to deal with nuisance complaints expect
them to be
reasonable. For example, your distaste for your neighbor's cooking odors
will not be
enough to sustain a nuisance complaint.
Q. What can you do about a nuisance problem?
A. If your local ordinances make a nuisance a crime (usually
a misdemeanor), the offender
might be given a citation to appear in court at a given date, or he or
she might even be
arrested, held until posting bond, and ordered to appear in court. If
convicted, he or she
may be fined and/or jailed. If your local ordinances make nuisance a civil
violation, he or
she would face civil charges in court. The penalty for a civil violation
is a fine.
Whether the alleged nuisance violates a civil or criminal city ordinance,
the city
carries the burden of prosecuting the case. Your role as the complaining
neighbor is
limited to testifying if the case goes to trial. Again, any money collected
will be in the
form of fines paid to the city, not to you.
The other option is to file a nuisance suit yourself. Here you would bear
the
expense of bringing the case to trial, including filing fees and legal
counsel, but if you
won you could collect monetary damages from the neighbor. A less expensive
approach
that may be available in your area is to file in small claims court, which
would cost less
and probably be faster. Either way, to prevail against your neighbor in
court you will have
to show the following elements:
• The neighbor is doing something that seriously annoys you. It
helps to show a copy of
a letter you wrote asking the neighbor to stop or modify his behavior.
• The neighbor's actions have reduced your ability to use and enjoy
your property.
• The neighbor is responsible for his actions.
• In some states, the neighbor's conduct must also be unreasonable
or unlawful.
• A specific amount of money or an injunction directing the neighbor
to do or to refrain
from doing something would adequately deal with the annoyance.
Q. How can I handle disputes over boundary lines?
A. Disputes about boundary lines are less common than other neighbor-related
problems,
in part because of modern surveying techniques. As a rule, boundary lines
are set forth in
the property description in your deed. Sometimes, though, if the property
was originally
recorded decades or even centuries ago, that description may be a bit
murky.
If you and your neighbor are unsure where the boundaries lie, there are
a number
of alternatives:
• Spend a few hundred dollars to hire a surveyor.
• File a "quiet title" lawsuit asking a judge to determine
the location of the boundary
line. This is even more expensive because you will have court filing fees
and possibly
a survey if the court so requires.
• Agree with your neighbor that a certain imaginary line or a physical
object, such as a
fence or a large tree, will serve as the boundary. Each party should sign
a "quitclaim"
deed, granting to the other neighbor ownership to any land on the other
side of the
line. Be sure to record the deed by filing it in the county records office
(often called
the "registry of deeds").
Watch Those Boundaries
Before you erect fence or other structure on your land, make sure
that it is indeed your
land. If you innocently but mistakenly erect a fence on your neighbor's
property, you may
be liable for trespassing on your neighbor's land. Your neighbor could
ask the court for an
injunction to make you tear down the fence, as well as money for any
damage you may
have caused to his or her property. The same applies in reverse: if
your neighbor starts
building on a parcel you feel is rightfully your land, notify him
or her immediately. If you
allow the construction to continue and wait too long to complain,
you may be giving up
your right to that strip of land. After many years of uncontested
use, courts sometimes
grant the party that has used the land a "prescriptive easement"
allowing them to continue
doing so. How far over the boundary is enough to complain about? The
reasonableness of
the circumstances may dictate whether a court will support you. For
example, a judge may
not be too sympathetic to your request that a neighbor relocate a
building that is an inch
over your property line. However, if that building is flush with your
windows and
blocking your sunlight and air, the court may feel differently. |
Q. What can I do about noise?
A. In densely populated areas, noise is one of the most common
sources of neighborhood
tension. Some municipal ordinances limit noise to a given number of decibels.
If the
police have a decibel machine, you can ask them to measure the noise your
neighbor is
creating. This provides useful documentation should you need to proceed
against your
neighbor in court.
Timing is critical, though. Accordingly, many municipalities regulate
noise levels
during certain "quiet times" when most people sleep. They typically
begin between 10:00
p.m. and midnight and last until 7:00 or 8:00 on week days; on weekends
they often
extend to 9:00 or 10:00 a.m. But some noises may be unreasonable at any
time, such as
playing an electric guitar so loud that it makes a neighbor's walls shake.
As with any nuisance, start by asking the neighbor to tone down the volume
and
explain why. Keep a log of the noise—when it occurred, how loud
it was, and how it
affected your household. If the neighbor doesn't respond even to a letter,
consult with your
town council about local ordinances that might need enforcement. Consider
a lawsuit only
as a last resort. .
Q. My neighbor is letting his property fall apart. Is there anything
I can do?
A. Blighted property decreases the value of surrounding homes
and will frequently incur
the wrath of surrounding neighbors; but unless they are governed by subdivision
rules on
exterior maintenance, homeowners are generally free to choose how their
property looks.
The exception occurs when a place is so neglected that it becomes a neighborhood
eyesore, such as a yard overgrown with weeds or filled with trash, or
a safety hazard, such
as a dangerous structure.
If deterioration is a matter of the offenders' financial problems, perhaps
you and
other neighbors could pitch in for a "cleanup" day. If it's
simply a matter of sloth, ask the
offenders to clean up or repair what is broken. If they refuse your request
that they clean
up their property to a reasonable standard, you may be able to get the
city to do it for you,
provided it has an ordinance declaring blighted property to be a nuisance.
If so requested
by a resident—or if a city official observes the nuisance—the
city may issue repeated
notices to the offenders. In about 95 percent of the cases, homeowners
clean up their
property after the first notice. About one percent of the cases are actually
prosecuted in
court.
And if you are the one at fault, you may want to clean up your act. A
California
man was jailed twice after the city prosecuted him on misdemeanor charges
over the piles
of trash and junk cars on his property. While he was in jail, the city
undertook the cleanup
of his property—then placed a $15,000 lien on his home to recover
the cleanup costs.
Q. What can I do if my neighbor is engaging in illegal activities?
A. First, if the problem is with tenants, contact the property
owner, who may or may not
know that the tenants are doing something illegal, such as selling illegal
drugs. Some
cities require that such tenants be evicted or fine landlords who allow
such a nuisance to
continue. In some cases, state and federal laws provide for the government
to seize
property that is being used for illegal financial gain. The threat of
forfeiting the house to
the government is likely to persuade the homeowner to evict the undesirable
tenants.
Another approach is for you and your neighbors to pursue a private lawsuit
against a
neighborhood nuisance. Neighbors can be a powerful, unifying force against
a common
"enemy."
Pets
Q. What can I do if my neighbor's animals are creating a problem?
A. Some neighbors get along like cats and dogs—and in some
cases, the problem is real
cats and dogs. Consider the situation of two southern California neighbors
whose yards
were separated by a thick concrete wall. On one side was a litter of normally
well-behaved
Chinese chow dogs; on the other, two mellow cats. No problem—until
the cats learned
how to climb the wall, perch atop it, and glare down at the dogs. The
dogs took to barking
and yapping whenever anything stirred on the other side of the wall.
The entire neighborhood was unhappy. The cat owner blamed the dogs for
the
noise; the dog owner blamed the cats for teasing the dogs. Even more infuriated
was a
third neighbor, who worked nights and was trying to sleep when the "dog
alarm clock"
went off every morning. The trouble escalated when the dog owner started
hurling shoes,
balls, and other objects at the cats to chase them off the wall. One unidentified
flying
object sailing over the wall smacked the cat owner's child on the head.
By that point,
everyone was threatening to sue everyone else. The solution? The cat owner
suggested a
truce: the cats would go out in the mornings and the dogs in the afternoons.
By late
afternoon, all the animals could go out because the third neighbor would
already be at
work. The dog owner agreed to stop pitching objects at the cats; the cat
owner agreed to
pluck the cats off the wall whenever she found them tormenting the dogs.
The animal war
ended as quickly as it had begun.
If you have a problem with a neighbor's pet, knowing your local laws can
add clout
to your efforts to resolve it. Your town probably has one or more applicable
ordinances
indexed under "Dogs" or "Animal Control" that can
be enforced in court. Such laws often
limit the number of animals per household, the length of time a dog may
bark, or the
frequency of barking allowed. Leash laws require that dogs not run at
large, and "pooper
scooper" laws require owners to clean up after their pets. If polite
requests to your
neighbor don't work, call your local animal control service, which is
likely to be more
receptive to your problem than the police or other city officials. Unless
the animal control
authorities consider your complaint unreasonable, they will probably call
the offending
animal's owner with a warning, followed by a citation if the problem persists.
A citation resembles a ticket; it requires the offender either to pay
a fine or to
challenge the citation in court. After being punished in the pocketbook,
many people will
change their animals' behavior to conform with the law. If they continue
to allow their
animal to annoy you, they can be fined repeatedly if you continue to complain.
If the problem persists, you may need to bring a civil lawsuit for "nuisance"
to get
a court order. The offender is likely to obey, because one who disobeys
a court order may
find himself in contempt of court, which can mean time in jail or at the
bank, withdrawing
hefty sums to pay a fine.
For animal problems, call the police only as a last resort. Police are
generally not
very interested in problem dogs, as they have more serious matters to
worry about.
Bringing the police into the equation also may sever any further relations
with your
neighbor.
Creature Court
When the fur flies between pet owners and their neighbors in Ventura
County, California,
the confrontation can end up in "animal court," a voluntary
program and an alternative to
formal court proceedings. There, the county's "poundmaster"
presides over about onehundred
cases each year, which have included a cat that bit a woman, a rooster
that rudely
awakened the neighborhood, and a variety of disputes over dogs that
bit, barked, or
intimidated children. |
Trees
Q. What's the law regarding trees?
A. Trees can cause as much contention between neighbors as yapping
dogs, whether they
block people's view, crack their foundation, or drop debris on their driveway.
The ground
rules state that a tree whose trunk stands entirely on the land of one
person belongs to that
person; if the trunk stands partly on the land of two or more people,
it usually belongs to
all the property owners. Someone who cuts down, removes, or harms a tree
without
permission owes the tree's owner money for compensation for that harm
done.
Q. Is there any way I can be prevented from cutting down the
trees on my own
property?
A. In most cases, the answer would be no, but trees are not strictly
private property like
barbecue grills. In some instances, neither the tree owner nor the neighbor
has unlimited
control over the fate of a tree. One subdivision overlooking scenic Farmington
Valley in
Simsbury, Connecticut, has a restrictive covenant in its deeds bearing
homage to trees:
homeowners cannot cut them down, even on their own land. They can, however,
trim
diseased limbs or branches that block their view of the valley below.
Subdivision rules such as this are designed to restrict the use of each
lot in a tract
for the benefit of all who reside there. One lot owner can enforce the
restriction against
another. If you are considering buying property in a subdivision, ask
about any such
restrictions in the general building plan.
Q. Can I trim the overhanging limbs of my neighbor's tree?
A. You may trim the branches of a neighbor's tree that hang over
your property, with
certain restrictions:
• you may trim up to the boundary line only;
• you need permission to enter the tree-owner's property (unless
the tree poses
"imminent and grave harm" to you or your property);
• you may not cut down the entire tree;
• you may not destroy the tree by trimming it.
It's always best to notify the tree owner before starting any trimming,
pruning, or cutting.
If the owner objects to the trimming, offer reassurance that the job will
be done
professionally and responsibly, within the mutual rights of both parties
involved.
Q. Am I liable for the encroachment of my trees or shrubbery
on a neighbor's
property?
A. The law varies from state to state, but generally it depends
largely on the extent of
damage done. It's best to avoid a confrontation—legal or otherwise.
Tree roots are a more
serious (and potentially costly) problem. You will save money in the long
run by hiring a
landscaper or "tree surgeon" to take whatever steps are necessary
to prevent root damage
to your neighbor's home or wall.
The Fruits of Your Neighbor's Labor
Fruit-bearing trees that overhang a neighbor's property pose a tasty
dilemma
when apples drop onto the neighbor's property, is the fruit considered
manna from
heaven? According to a long-standing common law doctrine, no. The
fruit belongs to the
owner of the tree—and so it has been since the 1800s, when a
man named Hale scooped
up twenty bushels of pears from the orchard trees of his neighbor.
A court ordered Mr.
Hale to return his booty to the orchard owner, even though Hale had
been standing on his
own land when he plucked the fruit.
What if your neighbor's fruit is a problem for you? If rotting fruit
habitually falls
from a neighbor's tree into your yard, notify him. Ask him to clean
the fruit from your
yard and to trim the tree to avoid such droppings in the future. If
he ignores your request
or refuses to comply, your neighbor may be liable for any damages
the errant fruit causes
to your grass or garden. (The same thing goes for the fruit of a neighboring
tree that may
cause physical injury to you, such as a coconut that falls from a
high tree and smacks you
on the head.) |
Views
Q. What are my rights regarding the view from my property?
A. Generally there is no absolute right to a view, air, or light,
unless granted in writing by
a law or subdivision rule. Such provisions are more common in coastal
areas or other
scenic-view locations. If view is important to you or to the value of
the property you are
considering buying, be sure to investigate your legal rights to protect
that view before
closing the deal.
Q. Can my neighbor legally block my view?
A. What can you do if you wake up one morning and find a new
fence on your neighbor's
land blocking your view of Big Sur? That depends in part on where you
live. The best way
to protect a view is to purchase an easement from your neighbor, guaranteeing
that no
obstruction of your view will be built on the land described in the easement.
(See the
section on easements.) You may cringe at the thought of paying for a view
that is already
there, but in the long run it is likely to be less costly—and more
scenic—to buy an
easement now than to bring a lawsuit in the future.
For example, a Los Angeles Superior Court judge ordered the rock star
Madonna
to trim her driveway hedges to eight feet in height and to trim a pine
tree down to her roof
level—and to pay the legal fees of the neighbor who brought the
lawsuit against her. The
neighbor contended that the untrimmed foliage blocked his Hollywood Hills
view of the
city lights below and reduced the value of his property. He was able to
prevail because he
had a longstanding written agreement with her regarding his view, so he
simply went to
court to enforce that contract.
Unless you live in a community that has a view ordinance, you are unlikely
to get
relief in the courts without such a contract. But even given a view ordinance,
the mayor
won't necessarily jump in and order your neighbor to tear down the obstruction.
If the city
does not feel your complaint has merit, you will have to initiate a lawsuit
and wait until
your day in court to request an order requiring your neighbor to restore
your view.
Depending upon the backlog in your local courts, that wait could be months.
And of
course your neighbor might appeal the decision, causing another lengthy
delay. In the
interests of time and sanity, it may be advisable to forego the legal
wrangling and
negotiate with your neighbor.
If your city does not have a view ordinance, you can still ask a court
to have the
offending fence or trees removed if you can show that by erecting or planting
it, your
neighbor was "deliberately and maliciously" trying to block
your view. This would fall
under the category of "spite fences" (see below).
Fences
Q. What constitutes a fence?
A. The word "fence" is not limited to a picket or stockade-type
barrier. Fence ordinances
generally cover anything that serves as an enclosure or partition, including
trees or hedges.
Many zoning regulations restrict the height of fences, whether they are
made of cut timber
or living trees.
Q. Who owns a boundary fence?
A. A fence that sits directly on the property line of two neighbors
is known as a "boundary
fence." The legal rights and responsibilities depend on a number
of factors, including who
"uses" the fence. Generally, boundary fences are somewhat like
trees that straddle a
property line—they belong to both property owners, both are responsible
for the upkeep of
the fence, and neither may remove or alter the fence without the other's
permission. Of
course, the owners are free to agree otherwise. One may wish to "buy"
the fence from the
other and have it recorded in his deed for posterity. Or one neighbor
may be willing to
give up his "share" of the fence if the other agrees to pay
for the maintenance.
Q. What can you do about a "spite" fence?
A. A spite fence is one that is excessively high, has no reasonable
use to your neighbor,
and was clearly constructed to annoy you. For example, suppose you live
atop a canyon
view and you've been feuding with your neighbors, who live further down
the slope. The
neighbors suddenly erect a 20-foot-high stockade fence near the property
line. Unless your
neighbors can demonstrate a reasonable need for such a high fence, such
as extra privacy
concerns, you can sue them under the doctrine of private nuisance. The
case may be
difficult to win, however, because most fences or other structures have
some arguable
utility to the owner.
Your remedies, depending on the law of the state where you reside, may
include an
injunction to have the fence removed (or at least lowered to a less offensive
height) or
compensatory damages (a financial payment to you). Factors the court will
consider in
determining the appropriate amount of compensation include the diminished
value of your
property and any annoyance caused by the erection and maintenance of the
fence;
however, you cannot recover for "hurt feelings" or embarrassment
due to the fence.
Most spite fences spring from a history of bad feelings in the neighborhood,
which
deteriorate into anger and spite. That's why it pays to be neighborly
in the first place.
Hog-Tied by a Fence Law
If you live in a historic part of the country, beware of obscure fence
laws that may still be
on the books. In Maryland, a Howard County landowner was subjected
to an anachronistic
county law that not only required him to share the cost of a fence
on the property line with
his neighbor but required the fence to be "hog-tight"—low
enough so that a hog could not
squeeze under it. And no, neither of the neighbors had any hogs on
his property. (At last
report, county officials were working to repeal the law.) |
Mediation
Mediators are trained to listen to both sides in a dispute, identify
problems, and suggest
compromises and equitable solutions. They provide an impartial and
unbiased forum for
neighbors to talk. The key to mediation, unlike a lawsuit, is that
it is not an adversary
process. No judge makes a decision for either party. The outcome of
the dispute is in the
hands of both parties. Until both agree, there is no resolution. The
parties are more likely
to comply with the agreement, since both have agreed to it. You may
be able to find
dispute resolution services through the yellow pages (look under "mediation
services" or
"arbitration services"). And many
bar associations offer nonprofit programs. Many states'
Departments of Consumer Affairs have dispute resolution offices also.
Consult the "State
Government" listings in your telephone directory. |
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