We get a lot of legal questions at FindLaw. Most people experience a legal issue at some point in their lives, and almost everyone has questions when navigating the legal system for the first time. As you’d expect, a lot of questions are about how to file a lawsuit (and whether it’s worth it), questions about divorce and child custody, and criminal defense.
But the most frequently asked questions we get concern neighbor disputes. From property lines, easements, and fencing to nuisance laws, homeowners often wonder about how best to protect the enjoyment of their home, ideally in a non-confrontational way.
While real estate law can be complex, common issues can often be resolved without the need for court intervention or involvement from law enforcement authorities. This blog addresses the most frequently asked questions about property disputes in 2025.
1. Boundary and Property Line Disputes
Questions about property lines are often the most complex and expensive disputes to resolve. They are also hugely important, because boundary disputes affect property values, cause neighbor conflicts, and decrease your property enjoyment. In a worst-case scenario, they can result in extensive modifications to your property.
How can I find my property line?
It is a relatively straightforward process for property owners to find the location of their property's boundary line. That’s not to say it doesn’t take a bit of effort. But it is worth it, as you don’t want the expense of having to move a fence just after it’s put in.
You can request a copy of the land survey or subdivision plot for your property from your county clerk’s office. These documents contain detailed legal information about your property boundaries. You can also look at a Plat map or GIS map. There may also be details in the property deed or your title insurance. If you run out of luck with those options, you can always hire a land surveyor to create a new survey.
What can I do if my neighbor's fence, deck, or structure is built on my land (encroachment)?
If it’s the neighbor who hasn’t followed property lines (encroachment), there are a couple of options. One is to negotiate, ideally while the encroaching structure is still in its planning phase.
If it is a minor issue, such as debris or foliage, it’s possible to either ask your neighbor to remove it or remove it yourself. However, check local ordinances regarding trees. For example, if the branch of a tree is growing on your property, you may be able to remove the branch, but may not be able to damage the tree. These issues will be addressed by local laws.
If it is a serious encroachment, such as an addition to a house, then you can ask the neighbor to buy your land from you. If all else fails, you can take them to court.
2. Noise and Nuisance Complaints
Distinguishing between an annoyance and a nuisance can be hard, especially if you’ve gone a week with interrupted sleep because your neighbor’s dog is barking at 3 a.m. What you can do about it depends on the severity of the noise, smell, light, or whatever it is that is affecting you.
My neighbor’s dog won’t stop barking. Is it a public nuisance?
The details will depend on your local and state laws. Often, there will be local laws regarding the type of animals allowed in a home, the number of animals allowed, leash laws, waste disposal laws, and length of time and frequency of dog barking.
Talking to your neighbor first is always a good idea. They may not know their dog barks when they are away, for example. If that doesn’t work, check local noise ordinance laws. Most cities have “quiet hours” and may even have a specific ordinance that addresses dog barking. If they are violating these ordinances, you can contact your local police department or animal control service and report a noise violation. Violations of such ordinances usually result in a warning, and repeat violations can lead to citations and fines.
Can I sue a neighbor because of the constant smell of marijuana?
The short answer is yes. If you live in an apartment, the first step is often to contact the property manager. Most lease agreements include provisions about the “right to quiet enjoyment” of your living space. If that’s being violated, your property manager should take steps to help resolve the issue.
If that doesn’t apply, there are nuisance claims you may be able to make. Again, the specifics will vary by state, but generally, you must show that the smell is a strong and persistent odor that affects your ability to live on your property. This is the same with loud music and other noise complaints.
3. Trees, Landscaping, and Water Drainage
Can I trim branches that hang over my property line even if it harms the tree?
Well, you can, but you also run the risk of being sued if you damage the tree. You have the right to cut down any branches that encroach on your property. However, you must notify the property owner of your intentions first. If you damage the tree or ruin its cosmetic appeal, you could be liable for up to 3x the value of the tree, which can be thousands of dollars. You do not have the right to damage your neighbor’s property.
Am I liable if my tree falls on my neighbor's house during a storm?
This depends on the care you took of the tree. If a reasonable person couldn’t foresee it happening, you likely aren’t responsible. However, if the tree was hanging on by a thread and looked like it could topple on the next windy day, then it’s possible you could be liable under the reasonable care standard.
4. Short-Term Rentals and Home Businesses
How do I report an illegal Airbnb or vacation rental in my neighborhood?
If your neighbor is violating a city ordinance by illegally listing on Airbnb or some other digital short-term rental company, you can start by reporting it directly to the company itself. If nothing is done (and it might not), then you can report it to your city or county’s zoning department.
What are my rights if a neighbor’s short-term guests are constantly taking up street parking?
Generally speaking, everyone has the right to park in public parking. However, you can check local ordinances, which may prohibit overnight street parking. You may also have rights if the parking is blocking your access to your driveway or a fire hydrant. Also, if you live in a homeowners association (HOA), there may be rules about street parking or designated parking areas.
Takeaways
Questions over property lines, boundaries, and obnoxious neighbors are frequent concerns. While it’s essential to be aware of the laws in your local jurisdiction, the first approach is usually to discuss the matter with your neighbor. Taking legal action might be a last resort, as dispute resolutions take time and money and can negatively impact relationships with your neighbors. However, it is important to preserve your legal rights. If you have a legal matter involving a neighbor that you need help with, you can contact a real estate attorney for legal help.
Related Resources
- Neighbor Disputes: Your Legal Options (FindLaw’s Learn About the Law)
Property Law Issues & Real Estate Laws (FindLaw’s Learn About the Law) - Top 5 Neighbor Disputes and How to Resolve Them (FindLaw’s Law and Daily Life)
