Neighbor Law: Fences, Trees, Boundaries & Noise [Team-IRA] (True PDF)

Cover
Title Page
Table of Contents
Introduction: Neighbors and Legal Questions
1. Tackling a Neighbor Problem
	Take Preliminary, Preparatory Steps
	Approach the Neighbor
	Turn to the Authorities for Help
	Try Mediation
	Take the Neighbor to Court
2. Noise
	Laws Against Noise
	What to Do First About Neighbor Noise
3. When a Tree Is Injured or Destroyed
	Who Owns a Tree?
	An Owner’s Rights When a Tree or Other Plantings Are Damaged
	What the Tree Owner Can Sue For
	Criminal Penalties
	What to Do If a Neighbor Damages Your Tree
	Preventing Damaging Actions by Neighbors
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 to Hold the Tree Owner Responsible
5. Unsound Limbs and Trees
	Getting Help From the City Government
	Trimming a Neighbor’s Tree: The Right of Self-Help
	Asking the Owner to Trim the Tree
	Suing to Prevent Damage
	Calling on Your 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 Might Protect Views
	Views That Are Not Legally Protected
	Avoiding View Problems When Buying Property
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 and Suburban Fences
	Property Line (Boundary) Fences
	Disputes Over Boundaries
	Sharing a Fence That Is Not on the Boundary
12. Spite Fences
	Legal Restrictions on Fence Height
	What Is a Spite Fence?
	Negotiating With the Neighbor
	Going to Court Over a Spite Fence
13. Dangers to Children: Attractive Nuisances
	Understanding 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 Might Not Be Liable for Damage
	What the Neighbor at Fault Must Pay For
	What to Do If You Suffer Water Damage Due to a Neighbor
	Rights to Water
16. When Your Neighbor Is a Business
	Zoning Laws
	Covenants, Conditions, and Restrictions Governing Subdivision Properties
	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 Issues
	Blighted Property
	Weeds, Rubbish, and Garbage
	Loud and Offensive Language
	Drug Dealers
	Registered Sex Offenders (Megan’s Law)
	Animal Problems
	Secondhand Smoke
	Vehicles
	Drones
	Outdoor Lights
18. Legal Research
	Researching Local Laws
	Researching State Statutes
	Researching 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
Appendix A: State Statutes on Injury to Trees
Appendix C: Boundary Fence Statutes
Index
Book Registration