Neighbor law fences, trees, boundaries & noise
"An easy-to-read guide on laws concerning common neighbor disputes: Is the noise from next door keeping you up at night? Is the view from your backyard being obstructed? Is a neighboring business driving you crazy? Your home is important to you and your neighbors aren't going anywhere -- N...
| Main Authors: | Doskow, Emily (Author), Guillen, Lina (Author) |
|---|---|
| Format: | Books Print Book |
| Language: | English |
| Published: |
Berkeley, California :
Nolo,
2014.
|
| Edition: | 8th edition. |
| Subjects: |
Table of Contents:
- Neighbors and legal questions
- 1. Tackling a neighbor problem : Get prepared ; Approach the neighbor ; Turn to the authorities for help ; Try mediation ; Take the neighbor to court
- 2. Noise : Laws against noise ; What to do
- 3. When a tree is injured or destroyed : Who owns a tree? ; An owner's rights when a tree is damaged ; What the tree owner can sue for ; Criminal penalties ; What to do if a neighbor damages your tree ; Preventing damage
- 4. Encroachment: invading branches and roots : Looking for help ; Trimming a neighbor's tree: the right of self-help ; When a neighbor can sue ; Going to court
- 5. Unsound limbs and trees : Getting help from the city government ; Trimming a neighbor's tree: the right of self-help ; Ask the owner to trim the tree ; Suing to prevent damage ; Homeowners' insurance ; After damage from an unsound tree
- 6. Boundary trees : Ownership ; Co-owners' responsibilities ; Damage to or removal of a boundary tree
- 7. Fruit and nuts: who owns what? : Who owns the tree? ; Fruit that has fallen ; Avoiding problems
- 8. Obstruction of view : The basic rule: no right to a view ; View ordinances ; Subdivision rules that protect views ; Other laws that may protect views ; Views that are not legally protected ; Avoiding view problems
- 9. Boundary lines : Settling uncertain boundary lines ; When a neighbor doesn't honor the boundary
- 10. Using another's land: trespass and easements : Trespassers who become owners ; Easements
- 11. Fences : Rural areas: fencing livestock in or out ; Urban fences ; Property line (boundary) fences ; Disputes over boundaries ; Sharing a fence that is not on the boundary
- 12. Spite fences : General restrictions on fence height ; What is a spite fence? ; Negotiating with the neighbor ; Going to court
- 13. Dangers to children: attractive nuisances : The attractive nuisance doctrine ; Taking necessary precautions ; Seeking legal help
- 14. Rural neighbors and the right to farm : Ordinary nuisance rules ; Right-to-farm laws ; What neighbors can do
- 15. Water : When the neighbor is liable for damage ; When the neighbor may not be liable for damage ; What the neighbor at fault must pay for ; What to do if you suffer water damage ; Rights to water
- 16. When your neighbor is a business : Zoning laws ; Covenants, conditions, and restrictions ; Home-based businesses ; Other laws protecting you and your property ; Expect a compromise ; What to do when the law favors you ; When the law favors the business
- 17. Other common neighbor issues : Blighted property ; Weeds, rubbish, and garbage; Loud and offensive language ; Drug dealers ; Registered sex offenders (Megan's Law) ; Animal problems ; Secondhand smoke ; Vehicles ; Outdoor lights
- 18. Legal research : Local laws ; State statutes ; Case law
- 19. Mediation : What is mediation? ; How to find a mediator ; How mediation works
- 20. Small claims court : What is small claims court? ; Preparing for small claims court ; How small claims court works
- Appendixes : A. State statutes on injury to trees : How much an owner can sue for ; Fines or jail sentences for damaging a tree
- B. State statutes on private nuisance : Common law definition ; Conduct or condition must be unlawful or unreasonable
- C. Boundary fence statutes
- D. Adverse possession statutes
- E. Right-to-farm statutes.