what kind of a lawyer would you need if your neighbor is

by Leora Rutherford 6 min read

It is essential to have the assistance of a real estate lawyer if you have any issues with a noisy neighbor. Your lawyer can advise you which remedies are available in your area. Your lawyer can also advise you regarding which remedy will be most likely to resolve your situation.

Full Answer

Do I need a lawyer for a noisy neighbor?

Although many neighbor disputes are minor, if not mildly annoying, any act by you that poses a physical threat or which is repeated and irritating can be considered criminal. You may need a criminal defense lawyer if you are charged with harassment.

Do I need a lawyer for a neighborhood dispute?

Aug 02, 2016 ·

How can a real estate lawyer help with tree and neighbor disputes?

Why is it important to know about neighbor law?

May 26, 2020 · Building a culture of resentment may be more stressful than correcting your neighbor’s actions involving police or the courts. Nonetheless, if you need to take the property dispute with your neighbor to the next level. You may want to talk with a lawyer. But you will certainly want to do your research first!

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How do you deal with toxic neighbors?

How to handle bad neighborsCall ahead and pick a time to talk.Meet on the sidewalk or on the property line.Don't accuse; let them know how the problem bothers you and suggest ways to solve it together.If that doesn't work, check out local noise and disturbance ordinances and write a personal letter.More items...•Aug 9, 2016

How do you deal with nuisance?

Etiquette Tips for Handling a NuisanceAs always - etiquette to the rescue! This simply means that you take a moment to put yourself in a place of respect for the person you are dealing with, and then proceed.Emotion Control. ... The Respectful Pause. ... Courteous slip-away. ... Tight Lips. ... Pride Control.

How do I resolve a neighbors conflict?

How to Handle Disputes with NeighborsMake sure it's really a problem. ... Keep a log of the behavior in question. ... Do some research on the rules. ... Find out what your other neighbors have to say. ... Communicate directly and politely. ... Take time to cool off before confrontation. ... Have a compromise in mind. ... Seek the help of a third party.Jul 19, 2018

How do I deal with an invasive neighbor?

6 Tips on How to Deal With Nosey NeighborsInstall a good security system (and let people know about it) ... Invest in some good curtains. ... Plant some shrubbery. ... Talk it out with your neighbors. ... Shut down nosy questions. ... Get the police involved.Sep 10, 2020

Is loud music a disorderly person?

Someone who merely plays loud music once or twice or has an occasional raucous party may be charged with a disorderly person offense, but is rarely charged with anything more severe since there was no intent to harass a particular person.

Is harassment a felony?

Neighbor harassment is often a misdemeanor, but can be enhanced to a felony if the offender has a prior misdemeanor conviction or the act involves an imminent threat of violent action. Although most states require that the harassing behavior occur multiple times, if it involves a threat of violence that could result in death or severe physical ...

Can you be charged with harassment?

You can be charged with harassment if your behavior is intended to harass a particular person or persons. If the conduct is merely insensitive, thoughtless or profane, it does not necessarily constitute a crime.

What to do if neighbor refuses to remove tree?

If your neighbor is unwilling to remove a dangerous tree, you may have to go to court. A real estate lawyer can help you take the proper steps to remove the dangerous tree. If you chose to sue for damages, a real estate attorney can file the necessary paperwork and represent you in court.

What happens if you cut down a neighbor's tree?

If your neighbor’s tree branches hang over your yard, you have the right to trim them up to the property line. However, you may not trespass onto your neighbor’s property or destroy the tree. If you deliberately harm your neighbor’s tree, you may be liable to your neighbor for two to three times the value of the actual monetary loss.

What to do if you don't want to trim a tree?

If you do not want to trim the tree, check your local tree ordinance to make sure that the law is on your side. You may be violating a local law if the tree size is a hazard or violating a local ordinance height or size limit.

Can a tree be removed without permission?

In that case, all owners are responsible for the care of the tree and the tree cannot be removed without the other owner’s permission.

What is neighbor law?

Neighbor law covers the many disputes that may occur between two individuals that live side by side. Of course, there are many sorts of disputes that can, and do, arise.

How to deal with loud neighbors?

Other courses of action to deal with loud neighbors include: 1 Issuing a Stern Warning, 2 Hiring a Mediator, 3 Calling the Police, 4 Involving the HOA, 5 Filing a Lawsuit.

Why do neighbors have fences?

One of the most common neighbor disputes is perhaps property boundary issues. After all, fences exist not only for privacy, but also for the purpose of keeping others (mostly neighbors) out.

What happens if you file a lawsuit on your own?

If you chose to file a lawsuit on your own, you must weight the benefits with the costs. The benefits may be a quiet neighbor, and even some extra cash. On the other hand, the cost of having an angry neighbor. And the costs of filing a lawsuit you may not win, may make the effort more trouble than it’s worth.

What is encroachment in real estate?

Encroachments can include: a fence built on your property, a shed which partially enters your property, or a garden bed which is partly on your land.

What is considered a nuisance?

A nuisance typically involves non-physical elements, such as odors or sounds. In order to get relief from a nuisance claim, the offending action must be both substantial and continuous. This means the occasional barking dog or annual all-night party would not be considered an actionable nuisance by most courts.

Is a nuisance a public nuisance?

A private nuisance claim is one that affects just one or a handful of neighbors, such as a loud rooster that crows at dawn every day. A public nuisance is typically much more far-reaching and involves the public in general.

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What Can I Do If My Neighbors Complain About My Tree in Their yard?

  • In the event that a neighbor is the one complaining about a tree in a person’s yard, then the person should talk to their neighbor about the problem and ask them what actions they think would help res...
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Who Owns The Tree?

  • The person whose property it is where the tree trunk sits is also the person to whom the tree belongs. So, if the tree trunk sits entirely in a neighbor’s yard, then the tree belongs to that neighbor. On the other hand, when the tree is located directly on property lines, then the tree belongs to both property owners and thus both neighbors are responsible for taking care of the t…
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What About Dangerous Trees?

  • When a tree poses an actual threat or danger to a person or their property, then a local city agency may be able to intervene and resolve the issue with the tree. For example, if a tree is at risk of falling over, crashing into a person’s house, and potentially harming the persons who reside in it, then it may be best to contact the city to circumvent a neighbor who is refusing to have it remov…
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Do I Need A Lawyer to Help Me with My Tree Problem?

  • If your neighbor is refusing to remove or take care of a tree that is encroaching on your property, then you may need to take legal action against your neighbor to resolve the issue. You should begin the legal process by hiring a local real estate lawyerto review your case. If your lawyer determines you have a viable claim, then they can help you take the proper steps to get the tree r…
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