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| Neighbors and Pets |
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Neighbors and Pets
In today's society, the space between properties is so limited that the slightest annoyance among neighbors risks being magnified out of proportion. When neighborly relations get strained because of disagreement as to who and how shared properties are maintained, disputes, or even legal action, may arise. The most common types of disputes among neighbors are as follows:
Boundaries
Boundaries are the dividing limits of a parcel of land with physical references fixed in a legal description. The dispute involving boundaries arises when both neighbors claim ownership over the same parcel of land. Neighbors can enlist the services of a land surveyor who can survey and determine the official boundary lines. They can then enter into a boundary agreement stipulating that a particular dividing line, such as a fence, will serve as a true boundary of the properties.
Fences
When a common fence is shared, its costs for repair and maintenance are usually divided equally between neighbors. If you think that your neighbor builds his/her fence too high, you may want to check your local zoning laws. In case your neighbor's fence does not follow the height limit, it would be wise to first discuss the issue with your neighbor. If nothing happens after you bring up the issue, then you are entitled to report the violation to city officials.
Trees
Like fences, disputes relating to trees usually occur when they are common between two neighbors. To determine ownership over the trees, you will only need to check where the trunks are located. If the trunks are within your property, you are deemed to be the owner of the tree even if their roots and branches are within your neighbor's property. However, if the trunk is located within the boundary line, you and your neighbor share ownership over the trees.
All tree owners are expected to shoulder the cost of maintenance, and in case of shared ownership, consent of the other owners must be obtained before a tree can be removed. And in case the trees cause damage to property, the owner is liable to pay for the damages.
Noise
Most localities have enacted noise ordinances designating a certain time of the day called quiet hours. However, it is only when noise is not necessary, not reasonable or in excess of normally accepted levels that can be prohibited. If your neighbor violates your local noise ordinance, you have the right to call the assistance of the police or the animal control center in case of barking dogs. It is highly recommended to talk with your neighbor first before resorting to this remedy, however. Your neighbor may not be aware that he/she is causing disturbance or breaking the law.
While you want to settle the disputes with your neighbors on your own, there may be times when this is not possible. You should immediately contact your lawyer to know the legal remedies that are available to you.