Neighbor Law: Fences, Trees, Boundaries & Noise
By Emily Doskow and Lina Guillen
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About this ebook
People who live next door to, across the street from, below, or above other people; new homeowners and people in the market for a house; people dealing with new neighbors; and people who want to end long-term tensions with neighbors, whether homeowners or tenants.
REASONS TO BUY THIS NEW EDITION:
• This book will help readers, learn about their rights and responsibilities; resolve neighbor disputes, restore good neighbor relations, and hopefully avoid a nasty lawsuit.
• This edition will include updated laws and more information on nuisance claims, which will be helpful for those that end up in court.
Emily Doskow
Emily Doskow is a practicing attorney and mediator who has worked with families in the Bay Area for more than 22 years. She specializes in family law, including adoption, parentage issues, domestic partnership formation and dissolution, and divorce. She is a graduate of Berkeley School of Law at the University of California. She is the author of Nolo's Essential Guide to Divorce and coauthor of A Legal Guide for Lesbian & Gay Couples.
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Reviews for Neighbor Law
23 ratings10 reviews
- Rating: 5 out of 5 stars5/5This is probably the most personally useful and interesting NOLO press work I've read to date. Like me, you may live in a neighborhood with people who raise chickens, let their cats out unattended (we're one - don't hate me), and occasionally trees and branches damage houses during storms. Not to mention folks having noisy parties, erecting new fences, and just generally annoying neighbors who leave that old refrigerator unattended in their back yard. Note: anyone one of us can be an annoying neighbor to our neighbors. All of these issues are covered, to varying extents, by this book. The largest area of coverage involves plants with 5 out of the 20 chapters dealing with trees, shrubs, roots, and fruits (and the occasional nut). Who gets to keep the oranges that fall in your yard from your neighbor's tree? Can you pick the fruit hanging over your fence? Can you throw them at the annoying chickens next door? This book gives solid guidance on how to approach all of these, and similar, issues. As it says on the cover, it also explains the legal issues regarding "Fences, Trees, Boundaries & Noise."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.
- Rating: 5 out of 5 stars5/5Everyone has neighbor problems at some time, and this book has the answers. Since property and zoning laws vary by jurisdiction, "Neighbor Law" solutions have to be general guidance, but the best part of this book is that it points you to the source of the solution. Examples include code and case citations, so you can research the law where needed. Also, there's an entire chapter on how to find the controlling law. "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.
- Rating: 5 out of 5 stars5/5Very good book! I'm fortunate that I really haven't had any of the issues described in the book to any great degree, but I did always wonder about some things - like, what happens when the truck of the tree expands onto my property, do I have a right to that view I paid so much money for, and what about a noisy neighbor?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!
- Rating: 5 out of 5 stars5/5Another fantastic reference book by the fine folks at Nolo. I found Neighbor Law to be extensive without being overly repetitive. The one complaint I have is that the text could have been enhanced with more visual aids. In one sidebar, a legal decision regarding a spite fence is mentioned, and the author used the example specifically because the legal decision included a picture. However, instead of putting the picture in the book, it was merely described. The examples were all very clear, and every conceivable concern was addressed. Highly recommended for anyone having a neighbor dispute.
- Rating: 5 out of 5 stars5/5One facet of life we all face are neighbors and, unless we have taken to being a hermit and even then you are not necessarily far from the madding crowd, problems arise as personalities, pocketbooks and preferences bounce off one another. Having survived the rigors of city living you have at last escaped to the countryside where the kids and dog can run free and the adults can enjoy quiet evenings on the back porch. Well maybe not deep into the countryside but certainly into the quiet suburbs perhaps to a house in a lovely development. But even here neighbors surround you with their desires. And to prevent your house having a ruined trailer moved next door, you chose a development that has an HOA. But an HOA does not mediate between neighbors unless someone has broken a covenant.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.
- Rating: 4 out of 5 stars4/5If you've ever had neighbors then you are bond to have differences in one facet or another- whether it be a tree or noise or the property line. This book details the tree and boundary issue very well. The part where I felt it fell short (only a little) was when it came to noise and animals. I know they have a book devoted to dogs but I would have liked to see even a snippet covered since dogs can be quite an issue in turning good neighbors into a war. Other that this it is a clear and concise book including references on the aspect of boundaries and trees.
- Rating: 5 out of 5 stars5/5Another excellent legal reference from Nolo Books. It explains the reasoning behind most laws concerning neighbors. It gives advice on how to avoid using the legal system, and why that's the preferred way to resolve problems. Then it explains how to use the legal system, if you've exhausted all other possibilities. Laws from individual states are included, either as an example of a typical law, or as an exception to most other state laws.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.
- Rating: 3 out of 5 stars3/5For adults who are just starting home ownership, or about to move into their first neighborhood, this is a good book to introduce you to the legal aspects of being a neighbor. While some of the book looks at dealing with issues, it also talks about resolution and responsibility.
- Rating: 5 out of 5 stars5/5My neighborhood is diverse in many, many ways. One is in how people respond to problems or possible problems. Some can watch a person being beaten and not call 911, but call the police because five 10-year- olds are riding bikes on an empty street. A neighbor will call code enforcement to report that a neighbor left her garbage bin out overnight while he himself leaves his on the curb 24/7. My advice is, talk with the neighbor first – by phone or in person – in a civil, friendly tone. Don’t jump to calling city departments right away. And better than anything, I hope you’ve tried to build a friendly relationship long ago before you ever got to know each other’s personalities.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
- Rating: 4 out of 5 stars4/5From NOLO, the leading publisher of self-help legal guides, comes the 7th edition of Neighbor Law by attorneys Cora Jordan and Emily Doskow. First published in 1991 the latest 2011 edition is thoroughly updated and highly user-friendly. Arranged in 20 short chapters and appendixes that outline specific statutes, Neighbor Law gives an excellent overview of a broad range of legal issues that can, and often do, arise between neighbors. 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.