what type of lawyer do i need for neighbor disputes

by Prof. Magnus Brakus 6 min read

You may need:

  • A real estate attorney (property lines disputes)
  • A criminal law attorney (stalking or threats - see below)
  • A general civil claims attorney (small disputes)
  • A landlord-tenant law attorney (issues with renters or your landlord)

Full Answer

Do I need a lawyer for a neighborhood dispute?

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Is there a law to resolve disputes between neighbors?

Do I need a lawyer for neighbors harassment?

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.

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

 · I agree with my colleague; and I'm sure a lawyer can help you here. The fact is, the police typically don't keep coming out for nothing - in fact, they typically do NOT service "noise" complaints during the day, which would mean that 1) they are coming after 10 or 11 pm; and if so, 2) you quite conveniently left that "fact" off of your post.

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How do you deal with a Neighbours dispute?

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.

What are the most common Neighbour disputes?

Common types of neighbour disputesnoise, such as loud music and barking dogs.parking.property boundaries.overgrowing trees and hedges.children playing in the street.

What are some neighborhood issues?

As Figure 1 shows, the top neighborhood problems for respondents nationwide are dangerous intersections, lack of public transportation, and too much street noise. This is followed by too much growth, traffic congestion, potholes, noisy neighbors, property crime, and drugs.

How do I deal with a harassing neighbor in Ontario?

The good news is: There are many actions you can take to deal with the neighbour that is harassing you.Talk to them. Attempt to talk to your neighbour—if you feel safe, of course. ... Seek mediation. There are many mediation services that operate in Ontario. ... Gather evidence. ... Reach out to the police.

What constitutes harassment from a neighbor?

It can include, but is not limited to, the following types of behaviour: Threats of violence against you or an actual act of violence committed upon you. Abusive and/or insulting behaviour or words. Threats of damage to your property and possessions or actual damage to them.

Are Neighbour disputes common?

Neighbour and boundary disputes can be stressful and challenging, however, an extremely common occurrence. Any dispute relating to the personal home needs to be dealt with rationally, especially when tensions between neighbours are high or there is a risk of violence.

What are examples of community problems?

Example Community Problems: Adolescent pregnancy, access to clean drinking water, child abuse and neglect, crime, domestic violence, drug use, pollution, mismanagement of resources, lack of funding for schools and services, ethnic conflict, health disparities, HIV/ AIDS, hunger, inadequate emergency services, ...

What is a community based problem?

Community problems are local issues that can only be solved by engaging the people in a place. Community problems can potentially be solved by communities themselves but often requires support such as funding by governments, corporate partners or nonprofits.

What complex social problem can you see around your community?

All of these issues are problems that affect many people in a society, rather than problems that affect only a few.Poverty and Homelessness. ... Climate Change. ... Overpopulation. ... Immigration Stresses. ... Civil Rights and Racial Discrimination. ... Gender Inequality. ... Health Care Availability. ... Childhood Obesity.More items...

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...•

Can I sue for harassment emotional distress?

Civil Harassment: Intentional Infliction of Emotional Distress. State law lets you sue for extreme harassment that results in severe emotional distress. To prove what is called intentional infliction of emotional distress, you must show: Your harasser acted intentionally or recklessly.

What qualifies as a harassment charge?

Harassment refers to a person acting in a manner that causes the complainant to fear harm. Harm refers to any mental, psychological, physical or economic harm. A complainant may become ill, both mentally and physically, due to the harassment.

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.

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.

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.

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 ...

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.

Gary Steven Gaffney

I agree with my colleague; and I'm sure a lawyer can help you here. The fact is, the police typically don't keep coming out for nothing - in fact, they typically do NOT service "noise" complaints during the day, which would mean that 1) they are coming after 10 or 11 pm; and if so, 2) you quite conveniently left that "fact" off of your post.

Jonathan Klurfeld

No one is bullying you because they want their quiet enjoyment of their unit, and I HIGHLY doubt that it "doesn't matter what volume it is." They would not be calling the police if it was say 1 notch above mute, so that is simply embellishing; as is your life is being ruined by a few police officer visits.

How to resolve a dispute with a neighbor?

Sometimes, a dispute can be resolved by just talking to your neighbor and maintaining a good relationship with them. Politeness and respect can go a long way in resolving minor disputes. If it gets to the point where you feel a demand letter is necessary, you can certainly discuss that option with an attorney.

Who can be involved in a property dispute?

Property disputes can involve just about anyone who has an interest in the real estate in question. For example, most property disputes involve the owner of the property in some way, but they can also involve: Neighbors; Landlords and Tenants; Homeowner Associations (HOAs);

What is a property dispute?

A property dispute is a legal dispute that involves real estate. While it may sound relatively simple, the term “property dispute” covers a wide range of possible disputes over a wide range of property. The property involved could be anything from a vacant lot to a home, deck, condominium, manufactured home, pond, driveway, ...

What is a cease and desist order?

An injunction, sometimes referred to as a “cease and desist” order, is a judicial order that requires a person to do or stop doing a specific action. In some cases, the court may use a judicial sale of the property to remedy the situation.

What is judicial sale?

Judicial sale also occurs in partition actions, where co-owners of a property no longer want to be co-owners. In a partition action, the court may order the property sold and the proceeds distributed among the co-owners according to the proportion of their ownership of the property.

What happens if a neighbor cuts down a tree?

Or, for instance, if a neighbor cuts down one of your trees, you may be entitled to monetary damages (like the value of the tree). Quiet title actions are a specific type of lawsuit used to determine legal ownership of a property, and are more common when the chain of title in the public record is incomplete.

What is cloud on title?

Generally speaking, a “cloud” on title refers to any irregularity or outstanding claim in the chain of title to the property. Usually this means that there is an unresolved claim, a lien, or some other encumbrance on the property that would prevent transfer of ownership from one party to another.

Can you trespass on a neighbor's property?

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 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 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.

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