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.
Table of Contents
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
