Adobe PDF eBook Add to eBookBag Available copies:   2 Library copies:   2 File size:   1257 KB Digital ISBN:   141330060X Release date:   Feb 20, 2006

Is a neighboring business driving you crazy? Too much noise from next door? Run-off from up the hill threatening to drown your yard? Learn your rights and responsibilities with Neighbor Law, Nolo's clear-cut, comprehensive guide to the laws concerning common neighbor disputes. The popular bestseller covers: *fences *trees *boundaries *blocked views *noise *water issues *neighborhood businesses *dangers to children ("attractive nuisances") *and more In plain English, Neighbor Law explains how to find the law in each circumstance and resolve disputes outside the court -- but if you must go to small claims court, this popular book gives you the information you need. The 5th edition is completely revised and now provides a new information on disputes about second-hand smoke. It also has a new chapter on researching the law online.

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The tree will wither long before it falls. -- Byron The flip side of the years of shelter provided by trees is that they grow old, become diseased, and die. What was a source of great enjoyment can seemingly overnight become an unwelcome object of peril -- especially when it hangs menacingly over the property of the next-door neighbor. Even a cordial relationship between neighbors may be strained by the prospect of a large expense. Trimming or removing large trees is not a nickel-and-dime matter. Smart tree owners keep an eye on the health of their trees. They may be liable for injury or property damage caused by an unsound tree, even if they wouldn't be liable for the problems caused by a healthy tree in similar circumstances. Happily, there are ways to prevent harm from unsound trees, so neighbors don't end up in nasty court battles. This chapter explains them. Preventing Damage If you own large and older trees, it is probably wise to invest in an annual inspection by a tree expert. If you are a fearful neighbor, you could do the same thing. Getting an expert's opinion could reduce uncertainty and possibly avoid a disaster. Court decisions abound with the testimony of tree experts sadly, most of them are called in only after the damage is done. Getting Help From the City Government City governments often step in to take care of, or make the owner take care of, dangerous or unsound trees. If you are imperiled by someone else's tree, contact your local city or county government. Someone at city hall or a county courthouse can direct you to the appropriate office. (You may also get help from utility companies or homeowners' associations; see Chapter 4.) Trees on Private Property In many cities and towns, after the appropriate city office is notified of a dangerous or diseased tree it will demand that the owner eliminate the problem. In some cities, if the owner doesn't respond within a brief time -- 48 hours, for instance -- the city will step in and remove the hazard. It then bills the owner for the cost. Some place a lien (legal claim) on the property if the owner doesn't pay. In the aftermath of deadly fires in Oakland, California, and in Southern California, many cities are adopting strict new fire-safety regulations for property owners. These new regulations prohibit dead or dying trees on private property. If you live in any area where fire is a potential hazard, check your current city or county regulations at city hall, the public library, the county law library, or the Internet. (See Chapter 18.) A few cities remove hazardous trees, even on private property, at their own expense when asked. They have the equipment and consider eliminating the danger a city responsibility. Some cities have a general ordinance that prohibits maintaining any dangerous object or condition on private property. A menacing dead tree would violate such a law, and the city could issue a fine and demand that the owner comply with the ordinance. Unfortunately, most cities do not have ordinances that cover dangerous trees on private property. If the tree menacing your property was damaged by a storm or other natural event, your city may take emergency action to protect you. We have all watched on television, for example, as crews work to clear dangerous situations after a disaster. But if a tree has simply grown old and died, you may not receive any help.

 

In plain English, Neighbor Law explains how to find the law in each circumstance and resolve disputes outside the court -- but if you must go to small claims court, this popular book gives you the information you need.

Introduction: Neighbors and Legal Questions 1. Tackling a Neighbor Problem Get Prepared Approach the Neighbor Turn to the Authorities for Help Try Mediation Take the Neighbor to Court 2. Noise Laws Against Noise What to Do 3. When a Tree Is Injured or Destroyed Who Owns a Tree? An Owner's Rights When a Tree Is Damaged What the Tree Owner Can Sue For Criminal Penalties What to Do If a Neighbor Damages Your Tree Preventing Damage 4. Encroachment: Invading Branches and Roots Looking for Help Trimming a Neighbor's Tree: The Right of Self-Help When a Neighbor Can Sue Going to Court 5. Unsound Limbs and Trees Getting Help From the City Government Trimming a Neighbor's Tree: The Right of Self-Help Ask the Owner to Trim the Tree Suing to Prevent Damage Homeowners' Insurance After Damage From an Unsound Tree 6. Boundary Trees Ownership Co-Owners' Responsibilities Damage to or Removal of a Boundary Tree 7. Fruit and Nuts: Who Owns What? Who Owns the Tree? Fruit That Has Fallen Avoiding Problems 8. Obstruction of View The Basic Rule: No Right to a View View Ordinances Subdivision Rules That Protect Views Other Laws That May Protect Views Views That Are Not Legally Protected Avoiding View Problems 9. Boundary Lines Settling Uncertain Boundary Lines When a Neighbor Doesn't Honor the Boundary 10. Using Another's Land: Trespass and Easements Trespassers Who Become Owners Easements 11. Fences Rural Areas: Fencing Livestock In or Out Urban Fences Property Line (Boundary) Fences Disputes Over Boundaries Sharing a Fence That Is Not on the Boundary 12. Spite Fences General Restrictions on Fence Height What Is a Spite Fence? Negotiating With the Neighbor Going to Court 13. Dangers to Children: Attractive Nuisances The Attractive Nuisance Doctrine Taking Necessary Precautions Seeking Legal Help 14. Rural Neighbors and the Right to Farm Ordinary Nuisance Rules Right-to-Farm Laws What Neighbors Can Do 15. Water When the Neighbor Is Liable for Damage When the Neighbor May Not Be Liable for Damage What the Neighbor at Fault Must Pay For What to Do If You Suffer Water Damage Rights to Water 16. When Your Neighbor Is a Business Zoning Laws Covenants, Conditions, and Restrictions Home-Based Businesses Other Laws Protecting You and Your Property Expect a Compromise What to Do When the Law Favors You When the Law Favors the Business 17. Other Common Neighbor Disputes Blighted Property Weeds, Rubbish, and Garbage Loud and Offensive Language Drug Dealers Animal Problems Second-Hand Smoke Vehicles Outdoor Lights 18. Legal Research Local Laws State Statutes Case Law 19. Mediation What Is Mediation? How to Find a Mediator How Mediation Works 20. Small Claims Court What Is Small Claims Court? Preparing for Small Claims Court How Small Claims Court Works Appendixes 1. State Statutes on Injury to Trees 2. State Statutes on Private Nuisance 3. Boundary Fence Statutes 4. Adverse Possession Statutes 5. Right-to-Farm Statutes Index

"This classic book, which keeps getting better with each new edition, answers virtually all questions regarding fences, trees, boundaries and noise..."

 

"Jordan peppers the book with real stories of problems neighbors have with each other. The stories are interesting and, in some cases, hilarious."

 

"A Nolo book that gives practical, no-nonsense approaches to handling neighbor disputes."

 

 

Neighbor Law: by Cora Jordan
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