Neighbor law : fences, trees, boundaries & noise / Attorneys Emily Doskow & Lina Gullen.
2014
KF639 .J67 2014 (Map It)
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Details
Author
Title
Neighbor law : fences, trees, boundaries & noise / Attorneys Emily Doskow & Lina Gullen.
Published
Berkeley, California : Nolo, 2014.
Call Number
KF639 .J67 2014
Edition
8th edition.
ISBN
9781413319651 (pbk.)
1413319653 (pbk.)
9781413319668 (epub ebook)
1413319661 (epub ebook)
9781413319668 (epub ebook)
1413319653 (pbk.)
9781413319668 (epub ebook)
1413319661 (epub ebook)
9781413319668 (epub ebook)
Description
373 pages ; 23 cm
System Control No.
(OCoLC)861274208
Summary
" An easy-to-read guide on laws concerning common neighbor disputes Is the noise from next door keeping you up at night? Is the view from your backyard being obstructed? Is a neighboring business driving you crazy? Your home is important to you and your neighbors aren't going anywhere -- Neighbor Law can help you deal with difficult situations and keep your home life peaceful. Learn your rights and responsibilities with this clear-cut, comprehensive guide to the laws concerning common neighbor disputes. Learn your state's rules on: - fences - trees and other greenery that crosses the property line - boundaries - blocked views - noise - water runoff and flooding - interference from nearby businesses - dangers to children ("attractive nuisances") -...and more! In plain English, Neighbor Law explains how to find applicable laws and resolve disputes without going to court, whenever possible. And, if you must go to small claims court, you'll find all the information and stragegies you need. This edition is completely revised and provides new sample letters for engaging a neighbor over a dispute, and includes expanded information on mediation and dispute resolution. Plus, read new material on how to build community and prevent disputes"-- Provided by publisher.
"Issues with the neighbors? Learn your rights -- and responsibilities -- with Neighbor Law, Nolo's comprehensive guide to the laws concerning common neighbor disputes"-- Provided by publisher.
"Issues with the neighbors? Learn your rights -- and responsibilities -- with Neighbor Law, Nolo's comprehensive guide to the laws concerning common neighbor disputes"-- Provided by publisher.
Note
Includes index.
Bibliography, etc. Note
Includes bibliographical references and index.
Other Editions
Revision of: Jordan, Cora, 1941- Neighbor law 7th ed. Berkeley, CA : Nolo, 2011
Record Appears in
Gift
Purchased from the income of the Edith L. Fisch Fund
Added Author
Gift
The Arthur W. Diamond Law Library
Purchased from the income of the Edith L. Fisch Fund
Table of Contents
Introduction: Neighbors and Legal Questions
1
1.
Tackling a Neighbor Problem
5
Get Prepared
6
Approach the Neighbor
15
Turn to the Authorities for Help
20
Try Mediation
21
Take the Neighbor to Court
21
2.
Noise
25
Laws Against Noise
26
What to Do
36
3.
When a Tree Is Injured or Destroyed
43
Who Owns a Tree?
45
An Owner's Rights When a Tree Is Damaged
45
What the Tree Owner Can Sue For
46
Criminal Penalties
54
What to Do If a Neighbor Damages Your Tree
55
Preventing Damage
61
4.
Encroachment: Invading Branches and Roots
65
Looking for Help
66
Trimming a Neighbor's Tree: The Right of Self-Help
69
When a Neighbor Can Sue
73
Going to Court
76
5.
Unsound Limbs and Trees
79
Getting Help From the City Government
80
Trimming a Neighbor's Tree: The Right of Self-Help
82
Ask the Owner to Trim the Tree
83
Suing to Prevent Damage
85
Homeowners' Insurance
85
After Damage From an Unsound Tree
87
6.
Boundary Trees
95
Ownership
96
Co-Owners' Responsibilities
99
Damage to or Removal of a Boundary Tree
104
7.
Fruit and Nuts: Who Owns What?
113
Who Owns the Tree?
114
Fruit That Has Fallen
117
Avoiding Problems
118
8.
Obstruction of View
121
The Basic Rule: No Right to a View
123
View Ordinances
124
Subdivision Rules That Protect Views
129
Other Laws That May Protect Views
133
Views That Are Not Legally Protected
137
Avoiding View Problems
140
9.
Boundary Lines
143
Settling Uncertain Boundary Lines
144
When a Neighbor Doesn't Honor the Boundary
154
10.
Using Another's Land: Trespass and Easements
157
Trespassers Who Become Owners
158
Easements
166
11.
Fences
177
Rural Areas: Fencing Livestock In or Out
178
Urban Fences
180
Property Line (Boundary) Fences
188
Disputes Over Boundaries
198
Sharing a Fence That Is Not on the Boundary
200
12.
Spite Fences
203
General Restrictions on Fence Height
204
What Is a Spite Fence?
205
Negotiating With the Neighbor
208
Going to Court
208
13.
Dangers to Children: Attractive Nuisances
221
The Attractive Nuisance Doctrine
222
Taking Necessary Precautions
226
Seeking Legal Help
228
14.
Rural Neighbors and the Right to Farm
231
Ordinary Nuisance Rules
232
Right-to-Farm Laws
233
What Neighbors Can Do
235
15.
Water
241
When the Neighbor Is Liable for Damage
243
When the Neighbor May Not Be Liable for Damage
247
What the Neighbor at Fault Must Pay For
251
What to Do If You Suffer Water Damage
252
Rights to Water
257
16.
When Your Neighbor Is a Business
263
Zoning Laws
265
Covenants, Conditions, and Restrictions
268
Home-Based Businesses
269
Other Laws Protecting You and Your Property
272
Expect a Compromise
277
What to Do When the Law Favors You
278
When the Law Favors the Business
283
17.
Other Common Neighbor Issues
287
Blighted Property
288
Weeds, Rubbish, and Garbage
289
Loud and Offensive Language
289
Drug Dealers
290
Registered Sex Offenders (Megan's Law)
291
Animal Problems
292
Secondhand Smoke
294
Vehicles
297
Outdoor Lights
298
18.
Legal Research
299
Local Laws
300
State Statutes
302
Case Law
308
19.
Mediation
317
What Is Mediation?
318
How to Find a Mediator
319
How Mediation Works
320
20.
Small Claims Court
325
What Is Small Claims Court?
326
Preparing for Small Claims Court
328
How Small Claims Court Works
329
Appendixes
A.
State Statutes on Injury to Trees
333
How Much an Owner Can Sue For
334
Fines or Jail Sentences for Damaging a Tree
335
B.
State Statutes on Private Nuisance
337
Common Law Definition
338
Conduct or Condition Must Be Unlawful or Unreasonable
339
C.
Boundary Fence Statutes
341
D.
Adverse Possession Statutes
345
E.
Right-to-Farm Statutes
349
Index
353