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"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"-- "Issues with the neighbors? Learn your rights -- and responsibilities -- with Neighbor Law, Nolo's comprehensive guide to the laws concerning common neighbor disputes"--… (more)
User reviews
"Neighbor Law" is comprehensive, covering all aspects of tree problems, property lines, fences, trespass and easements, water, and neighbors operating businesses from their homes. It includes sample letters and suggestions for avoiding problems. Examples taken from court cases demonstrate clearly neighbor problems and outcomes and add entertainment value to the text.
The chapter on "spite fences" is particularly interesting. For instance, when a homeowner's panoramic view of the ocean on one side and the mountains on the other was blocked by a new two-story house, the homeowner retaliated with a spite fence. This fence blocked the new family's view of the mountains since it was the exact dimension of the new house, 30 feet tall and 100 feet long! Courts view spite fences as nuisances and will order removal and sometimes damages.
"Neighbor Law" is a great reference for the homeowner, both in acting reasonably to avoid problems with neighbors and in resolving existing issues with the least pain and effort.
Arranged in 20 short chapters and appendixes that outline
Issues such as excessive noise (ch.2), encroachment of neighboring trees (ch.4), and obstruction of view (ch.8) are all familiar problems and the general advice offered here gives a good sense of the legal definitions and approaches to take for remediation. The excellent advice that follows a pattern of least involved all the way to seeking legal counsel and filing suit.
Other less well known issues perhaps are also addressed as well. Among these are issues arising around the right to farm in a rural neighborhood (ch.14). Personally, I did not known that there is often a “right to farm” if one’s property meets certain requirements of size and location. This is a very good thing to know before a neighbor decides to raise pigs however!
In short, Neighbor Law offers both a great first option for guidance on the usual disputes between neighbors as well as providing interesting if less commonly applicable, information to cover nearly every sort of legal matter between neighbors.
A final note: In those cases where the law develops quickly NOLO offers free updates to the information in this book online at Nolo.com. This is a brilliant addition that will keep this book useful well into the future.
No matter what you are going to need the book NEIGHBOR LAW sooner or later. As time passes that lovely little tree next door starts to loom large in your yard, the puppy down the street grows into a mastiff large enough to ride or any number of other things that seemed so small at the start have bloomed into major annoyances.
Prepare yourself ahead of time, get the book now and read it thoroughly. It will provide invaluable information on how to handle these neighborly problems and who can help you. If you are already settled in and can see a problem developing, buy this book and it will go far in helping you keep the problem from getting out of hand.
NEIGHBOR LAW is an excellent resource for preparing to confront a problem over almost anything that can arise between neighbors.
A final note. If you are a member of an HOA Board you would do well to buy a copy and make it available to the rest of the Board.
Neighbor Law includes sections on all of the expected issues, such as trees, animals, noise, and dangers to children. It also includes sections on second hand smoke, living next to a business or farm, and the complications of unclear boundary lines.
This is an excellent book to have on hand, so that you can avoid turning a minor dispute into a full-blown feud.
The overall ethos of the book is to first, understand the issues and try to identify local laws and ordinances. Second, try non-legal remedies before pursuing formal actions. And third, how to pursue appropriate legal actions, such as taking individuals to small claims court or enforced mediation.
Works like this cannot be comprehensive legal guides covering all possible issues in depth. This work is a solid one volume very useful advanced guide. It regularly, and rightfully, refers you to seek out the relevant local laws and ordinances. Chapter 18, "Legal Research," gives basic guidance in doing just that. The book explains the general legal background and context for the broader issues (e.g., Chapter 5 "Unsound Limbs and Trees"), and gives clear directions to appropriate state level statutes. In fact, the 5 appendices included list legal citations to specific state statutes for (A) Injury to Trees, (B) Private Nuisance, (C) Boundary Fences, (D) Adverse Possession, and (E) Right-to-Farm. You'll have to look up the current statutes for the full text of them.
I don't hesitate to give this work five stars, and unequivocally recommend this as a MUST PURCHASE for all public libraries. Everyone has neighbors.
Note: The reviewer received a free copy of this book via the Amazon Vine program.
People and situations not being perfect, NEIGHBOR LAW: Fences, Trees, Boundaries & Noise, by Attorneys Cora Jordan and Emily Doskow, offers real solutions to common problems. The substance of the book doesn’t become stifled or diluted because of varying state or city laws. Doskow and Jordan offer common sense, step by step advice in logical sequence with practical, easily applied examples of letters and conversations. The appendixes and Index provide state and legal resources, with a web site for updates. If friendly dialogue and attempted resolution doesn’t work, the reader is taken to the next level with suggestions of what statutes, laws, or legal contacts or actions might help.
I serve on the board of my district community council board, and attend the monthly community meetings where residents bring problems that range from noise, disintegrating retaining walls, and junk cars, to meth labs, guns, and vandalized vacant houses. Very few attempted resolutions seem to have started with a civil conversation. I realize that sometimes fear is an uninvited guest, and all too often, it’s not clear in some neighborhoods who actually lives, owns, or is responsible for a house, especially a rental which a German bank owns.
Given all that, I very highly recommend Neighbor Law as a reference handbook for any community group, neighborhood mediator, or just easy, helpful reading to be a more informed, understanding, and proactive resident.
State statutes, general laws, common sense guidelines and reasonable use guidelines are offered for various situations and disputes , including unclear boundary lines, overhanging trees, animal issues, ‘attractive’ nuisances, fences, and noisy neighbors. When things go too far, there is a section on restoring relations. Whether you live in a bungalow on Primrose Lane, a McMansion in Andover, a farm in Forest Lake, or you are one of 300 apartment units on McKnight, you are someone’s neighbor - buy the book and first read the tips on building community.
Now, please excuse me, I really need to read the section on secondhand smoke.
Thank you, Cora Jordan and Emily Doskow, for helping maintain a higher quality of neighborhood life!
sh 6/11/11
There are chapters on each of these issue and more, like injured/damaged trees, encroachment of roots, who owns the fruit/nuts, fences and trespassing/access issues.
This useful book is set up with an introduction describing the common steps you should take to address most of these problems, and then each specific chapter talks about various state and local laws, and any interesting precedents. It includes many sample letters and some very helpful appendices describing state laws for various issues.
A very useful book!