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Recent Nuisance questions

I am planning to have a contractor remove several trees on

I am planning to have a contractor remove several trees on my property and trim & shape others while they are here. My neighbor has four very large crepe myrtle trees whose limbs have grown over the property line and are restricting my plants from getting the rain and sun they need to grow. I want to trim my neighbors trees (just the branches) back so they do not encroach on my property. The contractors who are bidding on the job tell me that I can legally trim the neighbors trees back so they do not extend onto (or over) my property. I've heard this from other people as well, but would like to know specifically where "in the law" it says it is legal for me to do so. I am not expecting the neighbor to be pleased when she learns of my plans. I am getting HOA approval before proceeding and am giving each neighbor a copy of the project plan.....with drawings and a detailed narrative. Can you tell me what law gives me the right to trim my neighbors trees that have over-grown onto my property?

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Barrister

Attorney/Landlord/Realtor

Doctoral Degree

46,242 satisfied customers
My question is my neighbor's drainage has been rerouted onto

My question is my neighbor's drainage has been rerouted onto my property. The City of Aurora says both properties should drain from the back of the property to the street. I documented with pictures how the drainage is coming under the fence onto my property under my gate down the rock path that is on my property to the street. The City that is how it should drain. I have lived in this home for 9 years and it has never drained onto my property in the past. Need to know what my rights are?

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Barrister

Attorney/Landlord/Realtor

Doctoral Degree

46,242 satisfied customers
My neighbor has filed a letter to make me move parts of my

my neighbor has filed a letter to make me move parts of my irrigation system and a fence that terminates at their fence at a 90 deg. angle. my fence encroaches approx. 20 inches of their property. It shows this encroachment on both of our surveys, the irrigation system falls along the line of their fence. The fence and irrigation system have been in place 10 years or better. what are my responsibilities in respect to their claim of nuisance trespass.

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Loren

Juris Doctor

36,210 satisfied customers
My neighbor has a large oak that hangs over on my property.

My neighbor has a large oak that hangs over on my property.Some of the roots also are on my side.. He refuses to cut nor will he let me pay to cut.. What can I do.. In South Carolina..It cost a fortune to pay someone to clean the yard all fall and winter from leaves..

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RealEstateAnswer

Juris Doctor

29,660 satisfied customers
Can an HOA prohibit "all" kinds of air conditioning in a

Can an HOA prohibit "all" kinds of air conditioning in a condo? (that is VERY hot and unbearable during the heat?)JA: Because real estate law varies from place to place, can you tell me what state the association is in?Customer: CaliforniaJA: Has any paperwork been filed?Customer: The "rules" state no air that protrudes from window. I have a portable in the bedroom that does not protrude and makes a normal (quiet) sound. They have instructed me to vent it through the kitchen stove or b/r. (which is not feasible). I did have it in the only remaining outside windoe/sliding door which faces a waterway and it took on so much water that it leaked to the unit below and I (my insurance) paid the claim. I have been harassed about everything, repairing my balcony, smoking (is now a nonsmoking building) painting my front door the required white. It never ends I had a doctors note last year (for the air) and now my renters/guests have received notes telling them they cannot use the air (with threats of 100. per day) The harassment has gotten so bad, I live with my son and don't stay there. It is from one neighbor who shares an entry way, has been photographing and filming from his door window. To note the mgt. co. had to get a cease and desist against him for harassing one of their staff and everything has started over with the new office staff. Now, in order to make my mortgage I have been having renters and notes have been placed on the door of my unit telling them not to use the air. I have been accused of "being a nuisance" and have been summoned to appear before the board (again). The president screams and yells at me. .JA: Anything else you want the lawyer to know before I connect you?Customer: when I FIRST MOVED IN THE BALCONY WAS IN DISREPAIR, FOR 2 ALMOST 3 YEARS I WAITED FOR DIRECTION ON HOW TO FIX, THE hoa VIA A LAWYER STATED IT WAS MY RESPOSIBILITY, THE NEXT DOOR NEIGHBOR REPORTED "MY REPAIR" BUT IT WAS UNFOUNDED, THEN THE FRONT DOOR PAINTING WAS REPORTED AND AGAIN UNFOUNDED, ALREADY MENTIONED THE CHANGE TO NONSMOKING BUIDLING (WITH NO VIOLATION) Sorry for the caps did not do intentionally. The point is it never stops, it's always something. I don't want to sell b/c I will never be able to afford a condo in that area.

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Samuel-II

Attorney

Doctoral Degree

31,906 satisfied customers
I live in N.Y., on Island. My neighbor has 2 huge pine trees

I live in N.Y. , on Long Island . My neighbor has 2 huge pine trees on his fence that hang over the fence line 15 - 20 feet . The branches are a nuisance to our side deck , outdoor furniture , windows , siding and door .The enormous amount of sap, pine needles and pine cones make it extremely hard to enjoy our yard and we can't get the sap off of anything , including our shoes. Our gutters are continually clogged with stuff from these trees. We have spoken to our neighbors for over 30 yrs concerning this to no avail. We want to be able to enjoy and use our side deck. WHAT CAN WE DO ?

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Samuel-II

Attorney

Doctoral Degree

31,906 satisfied customers
Neighbor Noise Complaint question: I believe I am in

Neighbor Noise Complaint question: I believe I am in compliance with the city noise ordinance decibel parameters, but my neighbor is still claiming I am disturbing their "right to quiet enjoyment of their home".Do they have a legal case?I am a musician (keyboards and drums), and I have new neighbors (tenants) who are complaining about my practicing/rehearsing between hours of 10am and 10pm. We live in single family townhomes next to each other. I have made all kinds of schedule adjustments for their child who naps from noon to 3pm, and goes to bed at 8pm, and have taken measures to mitigate the sound. Landlord is sending me emails saying I am creating a noise nuisance and to cease immediately, and recommends formal mediation. (He knows I'm a musician but didn't tell the prospective tenants, btw).The sound level inside my neighbor's home as a result of my practicing is 40dcb or less - my neighbor and I checked it last night inside of his house with my PA system playing at the approximate sound volume at which I practice.(As we listened to the noise coming through the wall into into his house while staring at the sound level meter, my neighbor noted that the bass bothers him and his family about when the sound meter showed the decibel level beginning to exceed the low to mid 30's).From my reading of the San Francisco Police Noise Ordinance, 40 dcb is the acceptable limit for daytime sound coming from a residential neighbor, so it would appear that I am not over the limit.However, the noise is bothering him and "interfering with his ability to enjoy his home environment".Of course we'll try to work this out amicably, but I am receiving "cease" letters from the landlord. Does the landlord have a legal case against me if I continue to practice/rehearse?Also, if you have time, could you tell me if my interpretation of the SF Noise Ordinance as it pertains specifically to residential law is correct?https://www.sfdph.org/dph/files/EHSdocs/ehsNoise/GuidelinesNoiseEnforcement.pdfAm I indeed in compliance of the ordinance if I am not exceeding 40dcb, but still causing distress to the neighbor?Thank you!Sam

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Maverick

Doctoral Degree

6,308 satisfied customers
I just purchased a home in NJ and did not realize that there

I just purchased a home in NJ and did not realize that there were freight trains coming through (sounds like they are on my property) all day and night. You cannot see the tracks from my house, but can certainly feel the vibrations and hear the train on the tracks. The sellers did not disclose it and we did not hear the trains on the occasions that we visited. Do we have any recourse, if not the foundation, for our sanity? We purchased in good faith.

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Damien Bosco

Attorney

Doctoral Degree

2,734 satisfied customers
We moved into this unit about two months ago and noticed

We moved into this unit about two months ago and noticed cigarette smoke coming from outside the first day. The neighbor who shares an outdoor wall and whose patio is right up against ours smokes all throughout the day and it comes into our unit and onto our patio. We've brought this up to our property management company and they said they are working with the HOA to get her to stop. Being that we do not have air conditioning we keep the windows open to cool off the place but need to shut them every time the neighbor lights up. I bought an industrial fan and have it placed toward her unit an turn it on when we small smoke but the smoke also travels to the other side of the unit and comes in our bedroom. We have tried contacting the owner of the neighbors unit but their property management or HOA won't provide us with that info. My wife is recovering from a pulmonary embolism and broken foot so she works from home a lot and has to deal with the smoke everyday. We considered taking the owner and tenant to small claims court as this is a non smoking property and the close proximity of the multi units seem like we are in the same room when she smokes. Is there anything else we can do?

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Barrister

Attorney/Landlord/Realtor

Doctoral Degree

46,242 satisfied customers
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