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Neighbor Disputes/Boundary Disputes
Good neighbors communicate, resolving problems to their mutual benefit without resort to the legal system. Mediation may result in a practical solution both can accept. If you cannot resolve your dispute informally, contact Altemus & Wagner for assistance.
Trees, fences, and boundary disputes are common problems faced by homeowners. What are the rights and responsibilities of neighbors regarding these issues?
BOUNDARY LINE DISPUTES
The doctrines of adverse possession and prescriptive easements allow continued use of another's property to the same extent that it has been occupied/used for at least 5 years, as long as certain conditions are met. The possession by the non-owner be open, notorious, and under a claim of right. In many situations, the non-owner must also pay the property taxes on the occupied land. A permissive use of property eliminates the ability to claim a prescriptive right or adverse possession.
FENCES
Civil Code §841 requires that owners contribute to maintain fences between them, unless one of them chooses to let his land lie unfenced; if he later fences his property, he then is responsible for payment of a proportional share of the value of the fence.
TREES
1) "My neighbor's tree overhangs my property. What are my rights?"
Traditionally, a property owner had full right to all of his property, from the center of the earth to heaven. This rule has been limited in modern times. Although you may cut tree limbs and remove roots from your neighbor's tree where they cross over the property line, you cannot do so if it will damage the continued viability of his tree.
2) "The recent storms knocked down my neighbor's tree limb onto my property, causing damage to my house/car/lawn furniture." Whether the tree limb had overhung the property does not matter. The neighbor is only responsible for negligence: If he was careless, he is responsible; if the damage was from an act of God, the neighbor is probably not responsible. If a tree limb appeared precarious and the owner failed to maintain the tree after warnings, he is responsible for resulting damage when a storm causes the limb to fall. If the tree was well maintained and a storm knocked it down onto your roof, the neighbor is not responsible.
3) His tree has grown wider, encroaching onto my property [or pushing aside my fence]. This is a continuing trespass and the neighbor must remove his tree (regardless of how long it has been encroaching).
4) His leaves keep blowing onto my yard. And they blocked my gutters causing damage to my house. Tough. There is no liability for leaves which are natural products.
WATER
My neighbor's rain water runoff damaged my property.
Natural runoff is not actionable. However, natural runoff never exists in urban areas. Any grading or building alters the natural runoff and the owner is responsible for damage. The owner is probably also liable for personal injuries suffered by third parties as a result of runoff water.
Unkempt Yard/House
My neighbor's weeds are 6 feet high; his house is decrepit. It's an unmaintained eyesore.
Health Codes, local ordinances, and nuisance laws may prohibit these conditions.
Home Business
My neighbor has a home business.
The traffic is terrible.
The conduct of his business is noisy.
The conduct of his business is visible.
Local ordinances regulate home businesses.
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