Neighbor Law: Fences, Trees, Boundaries & Noise

  Author:    Cora Jordan
  ISBN:    141330060X
  Sales Rank:    329415
  Published:    2006-01-20
  Publisher:    NOLO
  # Pages:    352
  Binding:    Paperback
  Avg. Rating:    4.0 based on 5 reviews
  Used Offers:    11 from $16.99
  Amazon Price:    $26.99
  (Data above last updated:  2008-09-06 10:15:33 EST)
  
  
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Neighbor Law: Fences, Trees, Boundaries & Noise
  
Is a neighboring business driving you crazy? Too much noise from next door? Run-off from up the hill threatening to drown your yard?

Learn your rights and responsibilities with Neighbor Law, Nolo's clear-cut, comprehensive guide to the laws concerning common neighbor disputes. The popular bestseller covers:

fences trees boundaries blocked views noise water issues neighborhood businesses dangers to children ("attractive nuisances") and more In plain English, Neighbor Law explains how to find the law in each circumstance and resolve disputes outside the court -- but if you must go to small claims court, this popular book gives you the information you need.

The 5th edition is completely revised and now provides a new information on disputes about second-hand smoke. It also has a new chapter on researching the law online.

Table of Contents

Introduction: 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 Disputes

Blighted Property Weeds, Rubbish, and Garbage Loud and Offensive Language Drug Dealers Animal Problems Second-Hand 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

1. State Statutes on Injury to Trees 2. State Statutes on Private Nuisance 3. Boundary Fence Statutes 4. Adverse Possession Statutes 5. Right-to-Farm Statutes

Index

"Comprehensive and easy to understand, this step-by-step guide helps homeowners protect their rights while maintaining good relationships with their neighbors. It shows them how to handle: . water issues, such as runoff and flooding . trees that hang over a property line . noisy neighbors . blocked views . dilapidated fences The revised 5th edition provides a new chapter entitled ""When Your Neighborhood Is a Business"" and is updated to take advantage of the Internet."
                  Reader Reviews 1 - 6 of 6                 
  
  
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04-07-08 1 1\1
(Hide Review...)  generic information
Reviewer Permalink
I found the information in this book too generic to be of much use. The concepts/principles are there and explained well. However, the laws/statutes of each state, city, town etc. vary so much.....the book provides very little information in this regard. Read it for a very basic understanding of the concepts but to get a good understanding of "neighbor law" you will have to investigate the relevant statutes and case history in the jurisdiction in which you are operating.
(Review Data Last Updated: 2008-09-06 06:20:13 EST)
10-29-07 5 (NA)
(Hide Review...)  A must-have book for every Homeowner!
Reviewer Permalink
If the neighbor's tree root damages your fence or foundation, or they never bother to paint their side of the shared fence and it rots, you need to know what to do so you don't get stuck with the whole maintenance or repair bill.

ALL these shared Neighborly items (trees, fences, retaining walls, maintenance, damage) are covered under a very vague State Civil Code in most states, not by any local Building or Zoning Codes. There are no clear definitions of run-down or ugly. The government does NOT want to waste the taxpayer's money on petty disputes between hard-headed neighbors if they can help it, and wants the citizens to work it out on their own. This means that any disputes have to be settled in mediation or Court, and the local Building and Zoning Code Enforcement can NOT do a thing to help you unless the fence is too tall according to the local ordinances (for my town, that is over 7') or is a dangerous nuisance (broken, nails sticking out, fire hazard, etc.) and thus a life-safety hazard.

The book tells you what letters and agreements need to be made and written down, how to (more or less) word them, where to send them, and so on. This helps you get the work quickly done and share in the shared expenses, and also helps you collect expenses that result from your neighbor's neglect. *Neighbor Law* is updated every several years, includes information for the various different States, and many handy sources for more information. The book explains how the mediator or courts usually judge what is a 'shared' fence or tree Vs. not shared when trying to divy up the expenses. This is important to know and NOT in any law book [Hint: depends on if you enjoy *some* use of it for shade, dog run wall, kids' play yard, fruit, nuts, pool fence, privacy, etc].

This book will help bring you some clarity to a very vague law, is something you will refer back to many times (since now all YOUR friends will consider you the authority!), and it is well worth the very reasonable price in terms of the headaches and money it will save you over the years to come.

(Review Data Last Updated: 2008-04-07 06:26:33 EST)
05-07-07 5 2\2
(Hide Review...)  Neighbor Law: Fences, Trees, Boundaries & Noise(5th Edition)
Reviewer Permalink
Everything you'll need to resolve any problems with neighbors, must have book if you're experiencing problems with neighbors, fast and easy to understand results.
(Review Data Last Updated: 2007-10-30 06:19:24 EST)
03-11-07 5 1\1
(Hide Review...)  A very helpful book
Reviewer Permalink
This book proved to be a good reference book in finding out what steps need to be taken when someone has problems with their neighbors. The advice is backed up by the extensive experience and research done by the author, civil cases or civil codes which are referenced at the end of each chapter. It makes for a good guideline for someone who doesn't know where to turn when in need of solving a neighbor problem.
(Review Data Last Updated: 2007-04-11 22:57:45 EST)
03-10-07 5 1\1
(Hide Review...)  A very helpful book
Reviewer Permalink
This book proved to be a good reference book in finding out what steps need to be taken when someone has problems with their neighbors. The advice is backed up by the extensive experience and research done by the author, civil cases or civil codes which are referenced at the end of each chapter. It makes for a good guideline for someone who doesn't know where to turn when in need of solving a neighbor problem.
(Review Data Last Updated: 2007-04-10 07:11:05 EST)
05-05-06 5 15\15
(Hide Review...)  An informative reference guide to the complex laws and regulations concerning neighborly disputes and intricacies
Reviewer Permalink
The newly expanded and updated fifth edition of Neighbor Law: Fences, Trees, Boundaries, And Noise by attorney and mediator Cora Jordan is an informed and informative reference guide to the complex laws and regulations concerning neighborly disputes and intricacies. Deftly covering laws concerning such issues as water runoff and flooding, trees that hang over property line, problems with neighboring businesses, noisy neighbors, unclear boundary lines, blocked views, high or unsightly "spite" fences, dangerously deteriorating fences, dangers to children, and so much more, Neighbor Law is a complete and thorough compendium ideal for non-specialist general readers wanting to know (and be able to enforce) their rights as a property owner in a neighborhood of property owners. Neighbor Law is very strongly recommended for anyone searching for a "user friendly" informational documentation of all the rules and regulations concerning proper neighbor responsibilities and an understanding of what can and can not be lawfully done when a conflict arises between neighbors.
(Review Data Last Updated: 2007-03-11 08:23:15 EST)
  
                  Reader Reviews 1 - 6 of 6                 
  
  
  
  
  
  

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