Neighbor Law: Fences, Trees, Boundaries, & Noise

by
Edition: 5th
Format: Paperback
Pub. Date: 2006-03-01
Publisher(s): INGRAM PUB SERVICES
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Summary

So your neighbor's giant sequoia is blocking your view. Who ya gonna call? The search for a 'dispute buster' should end with this helpful new book. Sunset Magazine - For anyone with a neighbor problem, [Neighbor Law] is a handy book indeed. It walks the reader through written and common law, tells you what your rights are and how to follow through on a complaint all the way to court, if necessary.- Oakland Tribune - Explains how to use mediation services, research local laws, and present a convincing case in small claims court. - Reuters - Surprisingly, this is a fun read. The author includes interesting sidebars and court decisions to clarify her explanations. - Sacramento Bee - A Nolo book that gives practical, no-nonsense approaches to handling neighbor disputes. - Los Angeles Times - This classic book, which keeps getting better with each new edition, answers virtually all questions regarding fences, trees, boundaries and noise.- Orlando Sentinel - Jordan peppers the book with real stories of problems neighbors have with each other. The stories are interesting and, in some cases, hilarious. - Arizona Republic - Even if you don't have a serious neighbor problem yet, this well-written and complete book is a fun and educational read. It is extremely thorough and well-documented. 4 stars: excellent. - Robert Bruss, nationally syndicated real-estate columnist

Author Biography

Cora Miner Jordan earned her law degree at the University of Mississippi. A trained mediator, she is the author of Neighbor Law: Fences, Trees, Boundaries and Noise and co-author of Plan Your Estate.

Table of Contents

Introduction: Neighbors and Legal Questions
Tackling a Neighbor Problem
Get Prepared
7(8)
Approach the Neighbor
15(5)
Turn to the Authorities for Help
20(1)
Try Mediation
21(1)
Take the Neighbor to Court
22(4)
Noise
Laws Against Noise
26(9)
What to Do
35(10)
When a Tree Is Injured or Destroyed
Who Owns a Tree?
45(1)
An Owner's Rights When a Tree Is Damaged
45(1)
What the Tree Owner Can Sue For
46(7)
Criminal Penalties
53(1)
What to Do If a Neighbor Damages Your Tree
54(6)
Preventing Damage
60(4)
Encroachment: Invading Branches and Roots
Looking for Help
64(2)
Trimming a Neighbor's Tree: The Right of Self-Help
66(5)
When a Neighbor Can Sue
71(3)
Going to Court
74(4)
Unsound Limbs and Trees
Getting Help From the City Government
78(2)
Trimming a Neighbor's Tree: The Right of Self-Help
80(1)
Ask the Owner to Trim the Tree
80(2)
Suing to Prevent Damage
82(1)
Homeowners' Insurance
83(1)
After Damage From an Unsound Tree
84(8)
Boundary Trees
Ownership
92(3)
Co-Owners' Responsibilities
95(5)
Damage to or Removal of a Boundary Tree
100(10)
Fruit and Nuts: Who Owns What?
Who Owns the Tree?
110(3)
Fruit That Has Fallen
113(1)
Avoiding Problems
114(5)
Obstruction of View
The Basic Rule: No Right to a View
119(1)
View Ordinances
120(6)
Subdivision Rules That Protect Views
126(4)
Other Laws That May Protect Views
130(4)
Views That Are Not Legally Protected
134(3)
Avoiding View Problems
137(5)
Boundary Lines
Settling Uncertain Boundary Lines
142(10)
When a Neighbor Doesn't Honor the Boundary
152(4)
Using Another's Land: Trespass and Easements
Trespassers Who Become Owners
156(9)
Easements
165(11)
Fences
Rural Areas: Fencing Livestock In or Out
176(2)
Urban Fences
178(8)
Property Line (Boundary) Fences
186(11)
Disputes Over Boundaries
197(1)
Sharing a Fence That Is Not on the Boundary
198(4)
Spite Fences
General Restrictions on Fence Height
202(1)
What Is a Spite Fence?
203(2)
Negotiating With the Neighbor
205(1)
Going to Court
206(14)
Dangers to Children: Attractive Nuisances
The Attractive Nuisance Doctrine
220(4)
Taking Necessary Precautions
224(2)
Seeking Legal Help
226(4)
Rural Neighbors and the Right to Farm
Ordinary Nuisance Rules
230(1)
Right-to-Farm Laws
231(2)
What Neighbors Can Do
233(8)
Water
When the Neighbor Is Liable for Damage
241(3)
When the Neighbor May Not Be Liable for Damage
244(5)
What the Neighbor at Fault Must Pay For
249(1)
What to Do If You Suffer Water Damage
250(4)
Rights to Water
254(10)
When Your Neighbor Is a Business
Zoning Laws
264(3)
Covenants, Conditions, and Restrictions
267(1)
Home-Based Businesses
268(2)
Other Laws Protecting You and Your Property
270(6)
Expect a Compromise
276(1)
What to Do When the Law Favors You
276(5)
When the Law Favors the Business
281(5)
Other Common Neighbor Disputes
Blighted Property
286(1)
Weeds, Rubbish, and Garbage
287(1)
Loud and Offensive Language
287(1)
Drug Dealers
287(1)
Animal Problems
288(3)
Second-Hand Smoke
291(1)
Vehicles
292(1)
Outdoor Lights
293(3)
Legal Research
Local Laws
296(2)
State Statutes
298(6)
Case Law
304(10)
Mediation
What Is Mediation?
314(1)
How to Find a Mediator
315(1)
How Mediation Works
316(8)
Small Claims Court
What Is Small Claims Court?
324(2)
Preparing for Small Claims Court
326(1)
How Small Claims Court Works
327
Appendixes
State Statutes on Injury to Trees
State Statutes on Private Nuisance
Boundary Fence Statutes
Adverse Possession Statutes
Right-to-Farm Statutes
Index

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