If you have neighbors, then you have the potential for neighbor disputes. Neighbor disputes are disagreements between neighbors over issues such as lot lines, noisy neighbors, problems with parking spaces, and bothersome pets digging outside their owner’s yard. They are common among private and commercial property owners.
Neighbor disputes can be settled without legal action, however in many cases, resolving neighbor disputes without an experienced neighbor disputes lawyer can lead to escalating altercations, additional damage to your house or yard, and continued loss of enjoyment of your property. Hiring a real estate attorney to ensure that your rights are protected during civil litigation arising from a neighbor dispute is a smart decision.
Common Types of Neighbor Disputes
The most common types of neighbor disputes arise around boundary disagreements, property rights, and property damage. Neighbor disputes over trees, water damage, and noise are often challenging to solve without legal help.
Boundary Disputes
By far, the most common neighbor disputes are boundary disputes. Neighbors in both residential and commercial properties run into problems when there is a question about the boundary lines of their land. Boundary disputes could occur over a neighbor building a fence on your property or a next-door business using parking spaces in your lot.
Most boundary disputes arise when one neighbor believes the other neighbor has encroached onto their land. A typical example is a neighbor who places fencing or landscaping on your property. Because boundary disputes deal with complex laws and sometimes necessitate land surveys, hiring a neighbor disputes attorney for residential and commercial properties to help you navigate a boundary dispute can help you win your case faster.
Property Rights
Property rights disputes involve an array of problems but always involve the question of whether a neighbor is violating your right to enjoy your property with their behavior. Noisy neighbors, neighbors who leave trash or junk in their yard, and neighbors whose trees or structures impede your view of the neighborhood all fall under property rights disputes. Additionally, neighbors conducting illegal activity like creating or selling illicit substances fall under this category.
Animal Disputes
Animal disputes are common in residential areas. These arise when a neighbor’s animals create problems on your property or interfere with your ability to enjoy your property.
While many people think of pets as a primary cause of animal disputes, livestock can also cause issues. Pets may dig in your yard, disturb you at night with non-stop barking, damage your fence or property, or harm you or your children. Livestock often cause property damage by grazing on your pasture, eating your garden, or damaging your fence. Additionally, animal hoarders in your neighborhood can cause significant problems, including noise disturbance and smells.
The right legal action depends on the type of problem the animal is causing, so it’s best to consult with a lawyer experienced in these types of disputes.
Easement Disputes
Easement disputes are one of the most complicated neighbor disputes. An easement is a legal agreement on the part of a property owner to allow another entity to use a piece of land and is specific to the parties involved. Most often, easement disputes arise when a new owner buys a property with a pre-existing easement and wishes to alter the agreement. Easement disputes are difficult to navigate without experienced legal counsel.
Property Damage
Property damage disputes are common, particularly in suburban areas where houses are close together. These disputes could arise after a tree falls on your car or home, causing significant damage, or your neighbor’s sprinkler malfunctions and floods your yard.
If a neighbor’s tree or faulty machinery damages your property, a real estate attorney for neighbor disputes can help you navigate the complexities of property damage laws. Typically negligence on the part of your neighbor puts them at fault, but proving this during a civil suit can be difficult.
Consequences of Neighbor Disputes
Handling a neighbor dispute without the help of an experienced attorney can have undesirable consequences. When emotions run high and the parties take matters into their own hands, harassment, violence, and more property damage occur.
Harassment during a neighbor dispute includes actions such as staking out a neighbor’s property, taking pictures of their activities, writing threatening letters, or calling the neighbors repeatedly. These types of behaviors may result in a restraining order.
In some cases, neighbor disputes become emotionally charged, and the parties engage in a physical altercation. This type of behavior can result in criminal charges and costly medical bills. Parties may also try to solve the problem in a way that results in property damage. For example, one neighbor tears the other’s fence down because they believe it is on their property or damages their neighbor’s car, which they think is parked in their lot.
Neighbor disputes can escalate quickly and spiral out of control. The consequences of handling your conflict without the help of a neighbor disputes attorney in Glendale, California, could worsen the original dispute.
Resolving Neighbor Disputes
Follow these steps for a peaceful and successful neighbor dispute resolution.
You can resolve some situations with a short, polite conversion. Calmly speak with your neighbor if you feel safe doing so. This talk can help clear up any misunderstandings and allow you and your neighbor to work out a compromise. While it may be beneficial to speak with an attorney first, an initial conversation may be all it takes to resolve the issue if you and your neighbor have no prior problems.
Document the situation and make a record of any interactions you have with your neighbor about the dispute. Take pictures of any boundary issues or property damage and keep a file with relevant paperwork.
Speak with a real estate attorney. Explain your dispute situation and find out if you have a legal issue before taking any further action. Let them know if you have previously addressed the issue with your neighbor.
Follow your lawyer’s advice. Do not engage in further conversations with your neighbor or take any actions without running it by your legal counsel.
Call for a Consultation
If you are involved in a commercial or residential neighbor dispute, you need experienced legal representation. Call Marinaccio Law to schedule an in-person or phone consultation about your case. You can reach our law offices in Glendale at (818) 740-7657 or fill out the contact form on our website to schedule a free consultation.
