Customer Rating: Summary: Neat explanation of laws governing neighbors Comment: Covers such topics as who's responsible for border trees, their branches, leaves, etc., what you can do to resolve disputes. The main limitation of the book is the same as for most such books: The law can vary considerably from state to state.
Customer Rating: Summary: generic information Comment: I found the information in this book too generic to be of much use. The concepts/principles are there and explained well. However, the laws/statutes of each state, city, town etc. vary so much.....the book provides very little information in this regard. Read it for a very basic understanding of the concepts but to get a good understanding of "neighbor law" you will have to investigate the relevant statutes and case history in the jurisdiction in which you are operating. Customer Rating: Summary: A must-have book for every Homeowner! Comment: If the neighbor's tree root damages your fence or foundation, or they never bother to paint their side of the shared fence and it rots, you need to know what to do so you don't get stuck with the whole maintenance or repair bill.
ALL these shared Neighborly items (trees, fences, retaining walls, maintenance, damage) are covered under a very vague State Civil Code in most states, not by any local Building or Zoning Codes. There are no clear definitions of run-down or ugly. The government does NOT want to waste the taxpayer's money on petty disputes between hard-headed neighbors if they can help it, and wants the citizens to work it out on their own. This means that any disputes have to be settled in mediation or Court, and the local Building and Zoning Code Enforcement can NOT do a thing to help you unless the fence is too tall according to the local ordinances (for my town, that is over 7') or is a dangerous nuisance (broken, nails sticking out, fire hazard, etc.) and thus a life-safety hazard.
The book tells you what letters and agreements need to be made and written down, how to (more or less) word them, where to send them, and so on. This helps you get the work quickly done and share in the shared expenses, and also helps you collect expenses that result from your neighbor's neglect. *Neighbor Law* is updated every several years, includes information for the various different States, and many handy sources for more information. The book explains how the mediator or courts usually judge what is a 'shared' fence or tree Vs. not shared when trying to divy up the expenses. This is important to know and NOT in any law book [Hint: depends on if you enjoy *some* use of it for shade, dog run wall, kids' play yard, fruit, nuts, pool fence, privacy, etc].
This book will help bring you some clarity to a very vague law, is something you will refer back to many times (since now all YOUR friends will consider you the authority!), and it is well worth the very reasonable price in terms of the headaches and money it will save you over the years to come.
Customer Rating: Summary: Neighbor Law: Fences, Trees, Boundaries & Noise(5th Edition) Comment: Everything you'll need to resolve any problems with neighbors, must have book if you're experiencing problems with neighbors, fast and easy to understand results. Customer Rating: Summary: A very helpful book Comment: This book proved to be a good reference book in finding out what steps need to be taken when someone has problems with their neighbors. The advice is backed up by the extensive experience and research done by the author, civil cases or civil codes which are referenced at the end of each chapter. It makes for a good guideline for someone who doesn't know where to turn when in need of solving a neighbor problem.
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
