what type of lawyer handles cases of problem neighbors

Depending on the facts of the case and the law where you live, you might be able to file a nuisance lawsuit against both the offensive neighbors and their landlord. A local personal injury or real estate lawyer can help you prepare your case and file a lawsuit. Call the Police When Neighbors Are Noisy

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What kind of lawyer do I need to sue my Neighbor?

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 a neighborhood dispute?

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 ...

What kind of disputes are covered under neighbor law?

 · As a renter, you are protected by nuisance laws. Depending on the facts of the case and the law where you live, you might be able to file a nuisance lawsuit against both the offensive neighbors and their landlord. A local personal injury or real estate lawyer can help you prepare your case and file a lawsuit. Call the Police When Neighbors Are Noisy

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

 · Certain activities may violate local zoning laws or ordinances like construction, in which case your city attorney or town counsel could help you bring an action against your neighbor. If you live in a condominium, cooperative, or planned community , the nuisance may actually be prohibited by your bylaws or regulations.

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.

What is a good source to learn more about dealing with neighbors?

A good source to learn more about dealing with neighbors is Neighbor Law: Fences, Trees, Boundaries & Noise.

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.

Why is having neighbors nearby important?

Look, having neighbors nearby creates the perfect environment for disputes to arise.

What is trespassing land?

The word “trespass” refers to the intentional unauthorized use of land by other people, their animals, or their vehicles.

How to resolve property boundary disputes?

Such as most other disputes with neighbors. .. Property boundary disputes are often best resolved through talking with your neighbors. After all, you may be living next to them for a long time. Building a culture of resentment may be more stressful than correcting your neighbor’s actions involving police or the courts.

Can police help with noise?

The solution that works best for you will greatly depend on your specific circumstances. Some cities have stricter noise ordinances than others, so the police may not be able to help very much.

What can a real estate lawyer do?

An experienced real estate lawyer can also assist you in filing the necessary paperwork to bring a lawsuit, providing representation in court, and recovering any damages. Additionally, your lawyer can inform you of your rights and will be able to answer any questions you may have about tree and neighbor disputes.

What to do if neighbor complains about tree?

If your neighbor is complaining about your tree being too tall or hanging over there backyard, talk to your neighbors and determine how much trimming would help resolve the dispute. If the trimming does not affect the tree’s health or design, consider trimming the tree to a smaller size.

What happens if a neighbor doesn't remove a tree?

In addition, if a neighbor still does not comply, then the person having an issue with a dangerous tree can sue them in an action for nuisance. The suing party may claim that it is unreasonable to continue to preserve the tree and that it interferes with the use and enjoyment of their property. If the plaintiff prevails, the court may then order the neighbor to pay for and remove the tree or at least the parts of the tree that are posing the danger.

What to do if neighbor's tree hangs over my yard?

What Can I Do If a Neighbor's Tree Hangs over My Yard? 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 ...

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 when a tree encroaches on a neighbor's property?

The tree encroaches the neighbor’s property. The tree’s roots or branches have caused property damage to neighbor’s property. The tree’s roots have clogged, crushed, or cracked a neighboring property’s pipes. The tree is poisonous and is threatening the neighbor’s health and safety. The tree seriously interferes with neighbor’s ability to use ...

Can neighbors sue you for tree trimming?

You may be violating a local law if the tree size is a hazard or violating a local ordinance height or size limit. If the tree encroaches onto your neighbor’s property, the neighbor may sue you to have the tree branches cut even if there is no actual damage to their property. Also, in some states, a neighbor may be able to sue you ...

What is a neighbor dispute?

Neighbor Disputes. Unless you live on hundreds of acres of land, you have probably had to deal with neighbors in some capacity. In most cases, neighbors are not family members or friends, yet instead tend to come from multiple backgrounds.

What does it mean when you file a nuisance lawsuit against your neighbor?

When you file a nuisance lawsuit against your neighbor, you essentially make the claim that your neighbor's actions are interfering with the enjoyment of your property. Nuisance claims are considered either private or public.

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 it good to dispute with neighbors?

Disputes with neighbors are never pleasant, but knowing your rights and responsibilities will make for a better neighborly experience. Click on a link below to learn more.

Can neighbors cause water damage?

Neighbors and Water Damage. While a nuisance may interfere with your peaceful abode, water damage caused by a neighbor's actions typically requires expensive clean-up work. But it's important to know exactly what your neighbor's responsibilities are before pursuing a claim.

Can neighbors keep livestock?

Depending on where you live, you may be surprised to learn that it's completely permissible for your neighbors to keep small livestock and replace the grass with crops. Some of these animals, particularly roosters, tend to be quite loud at odd hours of the day and may be considered a nuisance.

Do nuisance laws apply to farms?

Actual farms have "the right to farm," which means nuisance laws typically don't apply as long as the farm is following all laws and regulations. But if your neighbor's small flock of hens is guarded by a rooster that wakes you up every morning at 4:30, you may have a valid nuisance claim.

What happens when neighbors dispute?

An escalating dispute between neighbors can result in a court-ordered injunction or restraining order. Generally, such behavior must occur over time and be directed towards a specific person who is reasonably alarmed or seriously annoyed by it.

What is neighbor harassment?

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 ...

What is the charge for harassing a neighbor?

Depending on the severity of the neighbor harassment, you could be charged with a disorderly person offense, usually an infraction, or the more serious offenses of assault and/or battery.

Is it a crime to harass a 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.

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 your neighbor is violent?

If you have any concern that your neighbor could react aggressively or violently to your request, consider asking a third party to help you address the problem. As a renter, you can ask your landlord to intervene, and request that your landlord not tell the neighbor who made the complaint.

How to resolve a neighbor's noise?

Whether you go to mediation or decide that a lawsuit is the only way to resolve a problem with your neighbor, you will need to have proof of the grounds for your complaint. For example, if noise is the problem, keep a diary of the dates and times when your neighbor is loud (backed up with sound recordings, if possible), along with police reports and copies of any written complaints you’ve made.

What is a nuisance law?

Nuisance laws protect people from activities that interfere with their reasonable use and enjoyment of life or property. As a renter, you are protected by nuisance laws. Depending on the facts of the case and the law where you live, you might be able to file a nuisance lawsuit against both the offensive neighbors and their landlord.

What happens if a complaint falls on deaf ears?

If your complaint falls on deaf ears, you might have to take matters into your own hands. Nuisance laws protect people from activities that interfere with their reasonable use and enjoyment of life or property. As a renter, you are protected by nuisance laws. Depending on the facts of the case and the law where you live, you might be able to file a nuisance lawsuit against both the offensive neighbors and their landlord. A local personal injury or real estate lawyer can help you prepare your case and file a lawsuit.

What happens if your landlord refuses to help you?

If your landlord refuses to help (for example, by evicting the tenant who’s unreasonably disturbing you), you might be able to withhold rent or legally break your lease.

Can noisy neighbors be noisy?

Although noisy neighbors are especially annoying when you share walls, they can be a problem even when you rent a single-family home. No matter where you rent, you don’t have to put up with loud music or frequent parties, especially late at night or early in the morning.

Do tenants have a right to quiet enjoyment?

Many courts have held that tenants have a right to quiet enjoyment even then their lease or rental agreement is silent on the matter. Enlist your landlord’s help in resolving the situation (especially if you’re concerned about approaching the offending neighbor on your own).

How to prevent a lawsuit from neighbor?

These activities are unlawful or unreasonable. As previously mentioned, the best way to prevent a lawsuit in the first place is open communication between neighbors. If you are being bothered by a neighbor’s activity, you should speak with each other and attempt to reach a resolution on your own.

Why is it important to consult with a personal injury attorney?

Because of the differences between a private and public nuisance claim, and the amount of parties that may be involved in the different lawsuits, it is important to consult with a local personal injury attorney to assist you in filing your complaint.

What is the difference between a public nuisance and a private nuisance?

What Is the Difference Between a Public and a Private Nuisance? Once again, a public nuisance can be defined as an unreasonable interference with the right of the general public to enjoy public property. Such property could include public parks, beaches, and waterways. Any conditions that endanger the health, safety, peace, ...

What is nuisance in law?

A nuisance is the unreasonable or unlawful use of property in a way that causes damage to others, by preventing them from enjoying their own property. In some situations, nuisance may be a crime; it may also be grounds for eviction if a tenant is the responsible party. Public Nuisance is a nuisance that affects several members of the public or the public at large. Some examples of this could include: 1 The noxious fumes emitted from a factory; 2 Noxious smells; 3 Loud noises; 4 The unauthorized burning of materials; 5 The posting of obscene or indecent signs or pictures; and/or 6 Illegal gambling.

What is nuisance in eviction?

A nuisance is the unreasonable or unlawful use of property in a way that causes damage to others, by preventing them from enjoying their own property. In some situations, nuisance may be a crime; it may also be grounds for eviction if a tenant is the responsible party. Public Nuisance is a nuisance that affects several members ...

What is a private nuisance claim?

A person may decide to file a private nuisance claim in order to receive some relief from the damages caused by the private nuisance. A court may order the responsible party to stop or limit the activity by issuing an injunction. The parties affected by the nuisance may be entitled to monetary damages, while the responsible party may be jailed ...

What is continuous nuisance?

Continuous Nuisance: The nuisance cannot be a single, isolated incident. It must continually occur; Unlawful Action: If the defendant’s conduct was unreasonable, it could be considered unlawful as opposed to being a simple nuisance; and.

How to sue for a neighbor's harrassment?

How to Sue for Neighbor Harassment. One of the most effective ways to get a resolution is to take your issue to small claims court. People can represent themselves in small claims court, but this takes time and strong evidence. If you do not have the time or knowledge to work through the court process, then a qualified attorney can handle your case.

How to stop a neighbor from stealing my property?

Speak in court or privately with a judge. Settle the case for money or another resolution that (hopefully) makes your neighbor stop.

How to get a restraining order from your neighbor?

Get a restraining order if your neighbor is threatening you or acting dangerously. File a police report (the police may not take action but it will at least be on record) File a noise complaint with your landlord or the police. Start the process of suing your neighbor for harassment (read on for more information)

What happens if your neighbor breaks a restraining order?

Once your case is resolved, you will want to be ready to re-document new actions or call the police if your neighbor breaks a restraining order. If your neighbor repeats any behavior, they may be arrested, fined, or go to jail. It might feel tempting to move away just to escape this neighbor.

What is the line between civil cases and criminal harassment?

The Line Between Civil Cases and Criminal Harassment. Any harassing behavior over any period of time should be taken seriously. Things can (and usually do) escalate quickly. Say you notice a neighbor throwing items at your dog because they don't like it barking. You might ask them to stop and both of you start arguing.

How to stop a harasser?

You should involve the police right away and find a criminal law attorney to stop the harasser long-term. Taking legal action can help stop them (sometimes called "cease and desist" orders) from escalating their actions and keep you and your family safe.

Why do you need a free consultation with an attorney?

It is a smart move to do a free consultation with an attorney to understand what kind of case you are looking at. They can help outline the process, tell you what to document, or direct you to a criminal law attorney if things are dangerous.

How to resolve a property dispute with a neighbor?

It depends on the nature of the property dispute. 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 boundary dispute?

Most commonly, when we think of a property dispute, we think of a boundary dispute. For example, a homeowner puts up a fence in the backyard and inadvertently puts their fence over the property line into the neighbor’s yard. Or perhaps there is a tree located between two homes, and one neighbor wants to cut branches that are arching over her roof–who owns the tree?

What are the responsibilities of a HOA?

Homeowner Association Responsibilities: Which may bring up questions of whether the HOA is responsible for maintenance and upkeep of some elements of the neighborhood. Utility Easements: Sometimes homeowners may not realize whether or where utility easements are located on their property.

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 zoning issue?

Zoning Issues: Which involves whether the property is being used for the same purpose it was zoned, what zoning ordinances the town has in place, and whether the owner needs to apply for a variance from the town.

What are the remedies for property disputes?

Remedies for property disputes often depend on the nature of the dispute and the state where the property is located. Potential remedies include injunctions, judicial sales, monetary damages, and quiet title actions.

What is the most common reason for disputes between neighbors?

If you’re dealing with noise , which is the most common reason for disputes between neighbors, refer to the letter of the law. There are ordinances to prohibit unnecessary, unreasonable, and excessive levels of noise meant to protect you from being a victim of noise-makers. If you’re able to prove that the problem is real and your neighbor is a source of it, you can refer to small claims court (for financial compensation) or regular civil court (to cease and desist the noise-maker).

How to correct a neighbor's bad behavior?

One of the most common mistakes is to accuse neighbors right from the start. A way smarter approach would be telling them you’re bothered and annoyed, but keeping the conversation friendly and polite. Try to find the root cause of your neighbor’s bad behavior and offer to help if they’ve happened to deal with a problem that makes them behave in a particular way.

How to make your neighbors stop doing things that annoy you?

As long as you sound confident and concrete, a simple warning might be enough to make your neighbors stop doing things that annoy you.

What is a bad neighbor?

So a bad neighbor is anyone who lives next door (or next floor) and gets on your nerves regularly by doing something that’s not particularly illegal but exceptionally annoying. If it becomes uncomfortable for you to stay at home, chances are good it’s a bad neighbor to blame.

How to get your neighbor to realize their fault?

A widely-used psychological trick, mirroring your neighbor’s behavior might help them realize their fault and never do things that annoy you again. At the same time, this approach will help you get even with bad neighbors (but only if you’re seeking revenge more than a solution of your neighbor-related problem).

What happens if you enter a war with a bad neighbor?

Entering into a war with a bad neighbor might take you down the wrong path and cost you a lot of healthy nerves. That’s why you should always start with a friendly approach and only refer to drastic measures when nothing else seems to be working.

What to do if your neighbor is annoying?

If your neighbor’s behavior is exceptionally irritating but isn’t life-threatening, you may want to collect evidence and contact authorities (local precinct, cops, lawyers). Another option you have is to write a petition together with other neighbors.

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

Who Owns The Tree?

What About Dangerous Trees?

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 t...

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