what type of lawyer deals with neighbor liability law

by Haven Zulauf 10 min read

In these situations, the city attorney or town counsel may help an individual bring an action against their neighbor. If an individual lives in a condominium, cooperative, or a planned community, the unreasonable conduct may be prohibited by the bylaws or regulations of that community.

Full Answer

What is neighbor law?

Whether you have suffered water damage due to the actions of a neighbor or are accused of causing water damage, a real estate lawyer can help you. Sorting out causes can become complicated and probably require the services of an experienced lawyer.

Do I need a lawyer for a neighborhood dispute?

Jun 01, 2021 · In these situations, the city attorney or town counsel may help an individual bring an action against their neighbor. If an individual lives in a condominium, cooperative, or a planned community , the unreasonable conduct may be prohibited by …

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

Water Damage and Neighbor Disputes. Neighbor disputes over water damage can arise over everything from a broken pool pump to a malfunctioning sprinkler system. This article explains surface water issues, the reasonable use rule, and more. Meeting with a lawyer can help you understand your options and how to best protect your rights.

Do I need a lawyer for neighbors harassment?

Tweet. Neighbor harassment is a term that includes intentional harassment or offensive behavior directed toward someone who lives next door or nearby within the same community. It can include assault and battery charges if the behavior becomes severe. In any event, a lawyer will be needed to defend you if you have been charged with harassing a ...

image

How do you deal with a psycho neighbor?

If you're experiencing harassment and are afraid for your safety, you should immediately report your neighbor. Don't call 911 unless your issue truly is an emergency. Check with your local police station what the appropriate approach to this situation is. Ask the police who you should talk to about your issue.

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 can I get my neighbor back?

Before Seeking Revenge on Bad Neighbors—Try DiplomacyBring a little gift if you feel like it (flowers or baked goods)Make sure you're calm and composed.Visit your neighbors.Inform them about the noise they're making or any other problem they're causing.Explain why it bothers you and how it affects your activities.More items...

What is the common enemy doctrine?

In its most simplistic and pure form, the common enemy doctrine declares that surface water that does not flow in defined channels is a common enemy and that each landowner may deal with it in such a manner as best suits his own convenience.Oct 31, 2018

How do you know if your neighbor doesn't like you?

6 Subtle Signs That Your Neighbors Actually Hate You. ... They talk about you behind your back. ... Cheshire smiles never lie. ... They don't respect your boundaries. ... Body language doesn't lie. ... They avoid you and your family as much as possible. ... You're terrified they might do something to you or your family.Nov 8, 2020

How do I get revenge on a noisy Neighbour?

Noisy Neighbors Revenge: 12 Ways to Get Back at Loud PeopleSchedule Your Loudest Chores for When Your Neighbors Are Home.Practice an Instrument or Put on Some Tunes.Exercise Your Dog.Play Hoops in Front of Your House.Have a Party.Make a Stink.Doorbell Ditch.Put Vaseline on Their Doorknob.More items...

What does a good neighbor do?

Friendly neighbors are welcoming to new residents. They introduce themselves, maintain relationships, and are approachable. They also enjoy being social in their community and encourage others to do so as well.Sep 25, 2020

How do you know if your neighbor is watching you?

Signs Your Neighbors Are Spying on You They tell you stuff about yourself they shouldn't know. You find hints that they are listening or watching via some sort of device. Your mail is being interfered with. You see signs that someone has entered your home while you were out.Jul 19, 2021

Can a neighbor drain water onto your property?

There is a natural right of drainage that allows water that flows naturally across your land to flow downhill naturally to your neighbour's land. But you are not allowed to artificially channel water a way that will cause damage your neighbour's land. If you do, you may face a civil action.

What is reasonable use?

Reasonable use means the minimum use to which a property owner is entitled under the applicable state and federal constitutional provisions, including takings and substantive due process. Reasonable use shall be liberally construed to protect the constitutional rights of the property owner.

Who is responsible for rainwater drainage?

Generally speaking, you're usually responsible for drains inside the boundaries of your property, while the sewerage company is responsible for lateral drains, which are usually outside of property boundaries, and sewers. Although most sewers are now publicly owned, there are still some private or unadopted sewers.

When Can A Person Be Liable For Noise, Light, Or Odor Emissions?

Generally, to prove a nuisance for a neighbor's noise, light, or odor emissions, you will have to prove that: 1. Your neighbor is emitting noise, l...

What Are Examples of Noise, Light, Or Odor Emission Nuisances?

Across America, some examples of cases where a landowner has successfully sued for a neighbor's noise, light, or odor emission include: 1. Noise fr...

What Is Recoverable in A Lawsuit For A Neighbor's Noise, Light, Or Odor Emissions?

Generally, in a successful lawsuit against a nuisance from a neighbor's noise, light, or odor emission, you can recover: 1. An abatement of the nui...

Do I Need An Attorney to Handle A Nuisance from A Neighbor's Noise, Light, Or Odor Emissions?

If you are being affected by your neighbor's noise, light, or odor emissions, or you are being sued by a neighbor for your emissions, it is highly...

Neighbor Disputes Attorneys

When neighborhood disputes go beyond who borrowed whose lawn mower last, its time to get an experienced attorney who understands property and ownership laws in your area. Don’t let a neighborhood dispute escalate further, and don’t let neighbors take advantage of your property or belongings without your consent.

Types of Neighbor Disputes Where an Attorney May be Needed

There are as many different kinds of neighborhood disputes as there are types of neighbors, but attorneys who specialize in neighborhood disputes in your area may be able to help. The most common reason for neighborhood disputes include:

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 happens if your house becomes uninhabitable?

Medical bills or hospital bills if the damage also caused you physical injury. Punitive damages, if you can prove that your neighbor acted with malicious or criminal intent.

Can neighbors be held responsible for water damage?

Usually a neighbor cannot be held responsible for property damage caused by runoff from naturally occurring rain and land conditions. However, if the water damage is caused by a neighbor’s actions or non-actions, this can present some difficulties. Since the flow of water is somewhat unpredictable, it can be difficult to determine ...

What is a private nuisance?

A private nuisance only affects a limited number of individuals, such as constant loud music which affects the individual’s neighbors. Or, another common example might be a neighbor that allows their dog to bark all night, preventing others from sleeping.

What is nuisance in real estate?

A nuisance is the unreasonable, unlawful, or unusual use of an individual’s land which substantially interferes with another property owner’s right to enjoy their own property. Nuisance may include: Noxious smells; Loud noises;

Can you sue a neighbor for a nuisance?

Yes, it is essential to have the assistance of an experienced property attorney for help with a nuisance from a neighbor’s noise, light, or odor emission. If you are being affected by your neighbor’s emissions, an attorney can help you sue your neighbor and get the nuisance to stop. If you are being sued by your neighbor for a nuisance, ...

Can a tenant be evicted for a nuisance?

If the individual is renting their residence, nuisance may be grounds for an eviction if the tenant is the responsible party. A public nuisance is a type of nuisance that affects several members of the public, for example, when noxious fumes are emitted from a factory.

What are nuisance issues?

In some situations, a landowner’s emission of noises, lights, or odors can expose them to liability to their neighbors. In addition, some nuisance issues may be criminal.

Is marijuana a nuisance?

For example, if an individual illegally smokes marijuana and the smell disturbs their neighbors, they are creating a private nuisance.

What are some examples of nuisances?

Examples include: Noise from a racetrack; Noise from a music festival; Odors from hog or bird farms; Noise and odors from a landfill;

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.

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 do lawyers do?

Different types of lawyers specialize in different areas of law. Some lawyers mostly do the work outside of the courtroom, such as drafting contracts and wills, preparing documents to comply with a process, negotiating deals, and advising clients on a legal problem. There are also lawyers who present cases in court or litigations ...

What is a business lawyer?

Also known as corporate lawyers, business lawyers are legal eagles who cover a more full range of expertise in building, managing, maintaining, transferring and dissolving a business. Lawyers in this area of practice deal with the formation of the company, employment contracts, tax compliance, acquisitions, and mergers.

Why do we need malpractice lawyers?

Since these are professions that ascribe to a set of standards , they have greater professional responsibilities that may be challenged in the courtroom or in litigation.

What is IP law?

1. Intellectual Property (IP) Lawyers. Any original creative, scientific, or technical invention which may benefit the public has to be protected ...

What is an intellectual property lawyer?

Any original creative, scientific, or technical invention which may benefit the public has to be protected from copycats and duplicates. If you've created an art design, a unique product, a novel, a song or a computer program, you can consult with an intellectual property lawyer for securing copyright, patents, trademarks, and licensing agreements.

What is a family lawyer?

Family Lawyers. These are lawyers who handle all kinds of domestic cases, such as divorce, legal separation, child custody, adoption, paternity, alimony, prenuptial or postnuptial agreements, and emancipation. But family attorneys may also handle reproductive rights cases, and their work may intersect with other areas of the law.

What is a personal injury lawyer?

This lawyer is an expert in tort law, which deals with civil legal liabilities and damages.

What is a disability attorney?

The Social Security Disability system can be a particularly complex system in which to navigate. An attorney who specializes in Social Security Disability issues can help you with any step in the Social Security Disability process, including assisting you with eligibility issues, launching an appeal of a decision to deny you benefits and dealing with the reduction or termination of your benefits.

What can a corporate lawyer do for you?

A corporate lawyer will be able to help you with issues related to the formation of your corporation, general corporate governance issues and corporate compliance issues.

What is an estate planning lawyer?

The estate planning lawyer specializes in wills and trusts, and can help you to draw up a will to pass on your assets. Among other estate planning legal services, this type of lawyer can help you set up a trust which will help take care of your children’s financial needs.

What is an IP lawyer?

Also known as an IP attorney, an intellectual property lawyer can advise you with regard to issues relating to intellectual property, such as copyrights, trademarks, patents, industrial design and trade secrets.

What is an employment lawyer?

Employment Lawyer. Whether you’re a company that’s having a problem with an employee, or an individual who’s having problems with the company you work for, an employment lawyer can generally provide advice about legal issues which arise from an employment contract or within an employment relationship.

What is a worker's compensation lawyer?

If you’ve been injured while on the job, or have had to face the death of a loved one as a result of a workplace accident or occupational disease, a lawyer who specializes in workers compensation law can help you navigate the issues you face, such as the extent of the employer’s fault and the amount of benefits to which you are entitled.

What is general practice law?

Unlike lawyers who specialize in a particular area of law, a general practice lawyer has a practice that handles a wide range of legal issues. Different general practice attorneys will have different areas of law with which they are most comfortable, so if you consult with a general practice lawyer, it’s always prudent to discuss his or her experience in handling the type of legal issue you’re facing.

image

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 resolve the issue. For example, if there are branches hanging onto the neighbor’s property, then ask the neighbor how much of the branch would have to be trimmed to satisfy them. However, i…
See more on legalmatch.com

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…
See more on legalmatch.com

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…
See more on legalmatch.com

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…
See more on legalmatch.com