what type of lawyer handles neighbor disputes

Full Answer

Do I need a lawyer for a neighborhood dispute?

Law enforcement may need to be called and you should get a lawyer. Don’t allow neighborhood disputes to escalate and protect your property with a neighborhood disputes attorney.

What kind of disputes are covered under neighbor law?

Disputes covered under neighbor law include: 1 Fence laws, 2 Boundary disputes, 3 Noise complaints (i.e. dogs, loud cars, yelling), 4 Conflicts over trees or landscaping, 5 Harassment from neighbors, 6 Other nuisance complaints. More ...

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

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.

How can I resolve a dispute with my 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.

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.

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.

Can I sue my neighbor for lowering my property value UK?

Yes you can sue your neighbour for devaluing your property if you've sold your property and think that you've lost money because of your neighbours.

What counts as harassment from a Neighbour?

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.

What counts as a Neighbour dispute?

A neighbour dispute is any disagreement between neighbours that is a cause of stress or friction. When you sell a property, you will need to provide information on any existing neighbour disputes, but also anything that you are aware of that could cause a neighbour dispute in the future.

How do you deal with toxic neighbors?

Toxic People: 16 Practical, Powerful Ways to Deal With ThemBe empowered by your motives. ... Understand why they're seeing what they see in you. ... They might get worse before they leave you alone. ... Be clear about your boundaries. ... You don't have to help them through every crisis. ... You don't need to explain. ... Don't judge.More items...

Where can I complain about my Neighbours?

In certain cases, you may need to make a Police report. The Police might advise you to file a Magistrate's Complaint, which can be done online, if the neighbours act is considered to be acting against the law (e.g. causing harassment, alarm, or distress).

Can you sell a house with an ongoing boundary dispute?

Indeed, the nature of the law can mean both sides may actually be right. However, a dispute still requires a resolution both for peace of mind and if either party intends to sell. You can save your buyers, your next home, and your whole transaction by using dispute resolution services.

Can Neighbours devalue my house?

It's not just the cost of potential court action; falling out with the neighbours can devalue a property, making it harder to sell unless the owner is willing to take a financial hit.

Can I sell my house if I have noisy Neighbours?

It's a legal requirement for you to disclose noisy neighbours or details of any other disputes when selling a house. You do so on the property information form (the TA6) at the start of the conveyancing process.

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 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 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.

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 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.

What is trespassing land?

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

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.

Trees and Property Lines

With trees that grow close to property lines, there could be disputes over who’s responsible for cleaning up leaves or other aspects of care and upkeep. In some cases, there may be disagreements over who gets to keep what’s produced by fruit-bearing trees close to property lines or who’s responsible for cleanup if a tree falls.

Unsightly Exterior Spaces

This one’s somewhat iffy legally since what’s considered “unsightly” can vary and depend on what local guidelines might apply. For instance, if your neighbor has a bunch of old appliances and other items scattered throughout their yard, a lawyer can determine if there may be any local ordinances they might be violating.

New Construction Issues and Other Neighbor-Related Disputes

Generally, there’s nothing wrong legally with a neighbor adding onto their home or undertaking any other type of construction on their property, provided they obtained all necessary permits and permissions.

See What an Attorney Has to Say

Even if you’re not sure whether or not a neighbor dispute requires legal action to resolve the issue, it never hurts to seek input from an attorney. At a minimum, you’ll develop a better understanding of your rights and legal options.

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:

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 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 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.

How to resolve boundary disputes?

Often, boundary disputes can be resolved at least in part by having a proper survey conducted on the property (especially if you’re planning on putting in a fence). Other property disputes may become more complicated, especially when you start running into issues questioning ownership.

Can a court order a judicial sale of a home?

In some cases, the court may use a judicial sale of the property to remedy the situation. This is most common in foreclosure situations, where a homeowner has failed to make mortgage payments.

What to do if neighbor refuses to do anything?

Finally, if your neighbor refuses to do anything, you can sue him. You can claim that the dangerous tree is a nuisance, that it is unreasonable for your neighbor to keep the tree and that it interferes with the use and enjoyment of your own property.

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.

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 to do if you are a nuisance?

Believe it or not, some people aren't even aware they're being a nuisance. A good first step is to schedule a face-to-face meeting and calmly tell them about your concerns.

Can you live down the street in small claims court?

By this time, most rational people will have found a way to peacefully co-exist. But, you may live down the street or next door to someone who's unusually difficult. In this case, small claims court may be a viable option. It will help you get their attention, and maybe even a little money.

Do police respond to noise complaints?

The police will often respond to noise complaints and remind the offending person about the same noise ordinances mentioned earlier. However, if things have gotten bad enough to call the police, it may be time to ask for mediation. Mediation is often cheaper and less threatening than going to court.

Is it common to have a neighbor dispute?

Neighbor disputes are quite common. But you don't have to go to uncommon lengths to work out your differences. Now this is a true story... a Texas man was sentenced to a year's probation for beating his neighbor with a shovel. Apparently some bad blood had developed between them when one family put a pool in and failed to replace ...

Can you sue someone for noise?

Whether you're leasing or buying, most states say you are entitled to something called the "quiet or peaceful enjoyment" of your home. You can sue them for nuisance if their noise or other activities interferes with your enjoyment of your property. In the lawsuit, you can ask to be compensated for the loss of this enjoyment. The idea of losing money should be enough to give even the toughest neighbor pause. If not, consider calling a mover, or sharpening your shovel.