Do's and Don'ts: Neighbor Relations

Most of us have to deal with neighbors. Sometimes, you find yourself with bad neighbors who are hard to handle. In some instances, good neighbor relations can be rare. It's surprising how common neighbor disputes can be. What you might not know is that there are laws that govern many of the ways we use our residential property. More generally, you might also not know that there are many laws related to neighbors.

Below is a list of do's and don'ts on what you can and can't do under a variety of circumstances related to neighbor-related stress. Remember, real estate law can be complicated. Facing an issue with a neighbor can be rough. If you're struggling with an issue related to neighbor relations or being a homeowner, it's likely a good idea to speak with a licensed real estate attorney.

The DO's

DO think about your neighbors. Think about how the way you use your property might affect them. What's the view like from across the street? Can the people in the house behind you hear your son's band practicing in your garage? Local ordinances sometimes place restrictions on noise. It's important to verify your local laws. You could be entitled to demand quiet at certain hours.

DO check your title, your deed, applicable restrictive covenants, local zoning ordinances, and state laws before you build, expand, demolish, or remodel your property. Your neighbors have the right to your compliance with the law. If a neighbor repeatedly violates an ordinance and it causes you distress, you could have grounds for suing them.

DO investigate what your community has to offer. Many private and governmental organizations are there to help communities run smoothly. Such organizations offer anything from legal information to conflict resolution programs to home improvement financing. When dealing with difficult neighbors, it's important to check what your community or homeowners association has to offer. It's also important to check what other organizations have to offer.

DO communicate with your neighbors. If you're thinking about building a fence between your property and your neighbor's property, start talking about it now. Neighbors who know what's going on are more likely to be supportive of projects that affect them. They also are more likely to cooperate if problems arise. It's always a good idea to check if your neighbor's property is actually their property. It's important to review what the boundary lines are for your property.

DO get to know your neighbors. Consider starting a community program such as a neighborhood watch or an annual block party. Neighbors who are paying attention to what's happening around them can help prevent crime and neighborhood decline. It's important to be familiar with your neighbors' behavior. It's also important to organize neighborhood groups appropriately. It can help a lot.

DO know where your property boundary lines are and respect them. Many of your rights as a property owner end at your property line. It's important to understand easements and adverse possession, too. Visit FindLaw's article on easements to learn more.

DO seek the support of your neighbors when you want to make a big change. Most zoning boards are amenable to nonconforming uses, imposition, or waiver of zoning laws if the whole neighborhood consents. When you're in a building you share with other residents as a renter, getting to know the people around you is a good idea.

The DON'Ts

DON'T hurry to file a lawsuit over every little problem. Many communities have good community mediation programs that provide an efficient, economical, and friendly way to resolve conflicts. It's always possible to have good relationships with your neighbors. Disputes don't always need to arise. They don't always need to interfere with the enjoyment of your property. Friendly face-to-face interactions can often be the best way to handle things.

DON'T put up with discourteous neighbors, though. Odds are, if your next-door neighbor's late-night parties are bothering you, they are bothering your other neighbors, as well. There are laws, such as zoning laws, that govern noise levels and activities that are allowed or prohibited in your area. Sometimes, the best solution is to file a lawsuit. Noisy neighbors can be a terrible nuisance. And you shouldn't have to deal with them.

DON'T forget small claims court. If the problem with your neighbor results in a lawsuit, consider reducing the amount of money you demand. Most small claims courts have a limit on the amount of money at stake in each case. It might be worth your while to lower your demand in exchange for the convenience of having your problem resolved in a small claims court.

DON'T hesitate to seek legal advice. Asking a lawyer for help doesn't necessarily mean you will end up in court or with a huge legal bill. Your lawyer can give you good advice about your rights and responsibilities with regard to your neighbors, often preventing problems before they arise.

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Can I Solve This on My Own or Do I Need an Attorney?

  • Many real estate processes can be handled on your own or with the help of a realtor
  • Some tenant or neighbor disputes may need the help of local police
  • Complex real estate issues (such as construction defects or illegal landlord actions) may need the support of an attorney

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