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Neighbor Problems

Everyone has heard of or has had neighbors that have caused problems. Any person can probably think of several examples of neighbor problems, problems that range from dogs defecating in the yard, to radios being too loud. But what are a person’s rights against these nuisance neighbors? How does a person go about handling these problems without ending up on the wrong side of the law themselves, below are questions regarding neighbor problems that have been asked of answered by the Experts.

In the state of California if someone is having neighbor problems regarding tree roots what is the land owner’s rights for retaliation?

In the state of California the law states that any root that grows onto a person’s property is no longer owned by the person who has ownership of the tree. As the owner has no bearing on how a tree grows or in which direction the tree’s roots expand, so the law of the state will not hold the tree owner liable for the damage caused by the tree’s roots to their neighbor’s property. The landowner who has the damage is solely responsible for repairing the damage. The landowner may ask that the tree owner assist in repairing, but the tree owner is under no obligation to help the landowner, and any help from the owner of the tree will be at their discretion. The landowner may do what they need to do to repair the damages to their property as long as the repairs do not harm the tree itself, therefore causing injury to the tree owner. This also would make the land owner liable to the tree owner for the damages.

What are a landowner’s rights against nuisance neighbors who are constantly fighting?

The land owner should call the police on the nuisance neighbor and request that they come and attempt to quiet the situations down, and the land owner needs to call the police each and every time that the nuisance neighbors begin to fight and therefore disturb the peace. If these frequent calls and the police coming doesn’t do anything to bring peace, then the land owner may want to consider bringing action against the nuisance neighbor for disrupting the peace and harassment.

What rights do a tenant who lives in an apartment complex have against nuisance neighbors that are loud at night?

The tenant must first file a complaint with the landlord about the nuisance neighbor’s noisy habits at night. The landlord may approach the complaint in many ways from talking to the neighbor who’s nightly activities are loud and disturbing to the other tenant or tenants, or laying a thicker carpet on the floor of the offending tenant’s apartment. If the landlord does not do anything and the noise continues from the nuisance neighbor, then the tenant the grounds to claim that the landlord has breached the contract and since they have made no effort to remedy said breach.

There are just some neighbors that are unbearable. They have dogs that bark all night long, they throw loud parties, they destroy property value. How a person handles these neighbors is very important, lest they find themselves to be nuisance neighbors. The best way for a person to know how to handle such situations is to speak to someone who is able to interpret the law and explain it in a way that person will understand.

Ask a Real Estate Lawyer

Tina
Tina, Lawyer
Category: General
Satisfied Customers: 5379
Experience:  17 years of legal experience including real estate law.
4460311
Type Your Real Estate Law Question Here...
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7 Real Estate Lawyers are Online Now

How JustAnswer Works:

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    Ask follow up questions if you need to.
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Real Estate Lawyers are online & ready to help you now

Tina
Lawyer
Satisfied Customers: 4813
16 years of legal experience including real estate law.
Law Pro
Lawyer
Satisfied Customers: 6227
20 years extensive experience in real estate law, foreclosure, finance, and landlord tenant law.
Barrister
Lawyer
Satisfied Customers: 4966
13 years real estate, Realtor. Landlord 24+ years

Recent Neighbor Questions

  • my dad passed and left us land and a house that has a mortgage

    my dad passed and left us land and a house that has a mortgage on it, there are 4 kids,i bought my brothers share and own 50% of the inheritance and its bills, taxes are due in less than a month and we stand to lose it all because every thing is at foreclosure level.my siblings would rather see this all go south than to see me in my fathers house, im the only one who saves money and can afford to bail it out if I have to, but they wont contribute to the mortgage or the back taxes, is there any way to make them pay or forfeit their inheritance?
  • Relative to the same question, I sent a demand letter to the

    Relative to the same question, I sent a demand letter to the neighbor demanding payment, and I gave him 20 days to respond. He has already responded that he will not pay. I believe the law requires that I give him 30 days to pay, do I need to send another demand letter giving hi 30 days?
  • I own a rental property and have just recently put it up for

    I own a rental property and have just recently put it up for sale with a real estate agent. The next door neighbor agree to buy the home and we set up a title closing on Wednesday. I signed the papers, he then showed up late and signed as well but he has not paid for the property yet. He has since found a way to get into the house and has supposedly renters in there already although I'm guessing its family. It has now been 5 days and he is still giving me the run around on trying to get the funds to pay for it. What legally can I do? I never gave keys but I'm pretty sure he broke in somehow or left a window open when he was shown the property since he lives nextdoor???
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