Neighbor Law: Fences, Trees, Boundaries & Noise (5th edition)

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