Neighbors: Laws and Disputes

If neighbor problems remain unresolved, legal action may be the last resort. Consult with a real estate attorney or realtor to understand your rights and responsibilities when dealing with difficult neighbors. 

This article reviews common legal issues and laws related to neighbors. You can find information and resources to help you understand your legal rights in neighbor disputes. You will also learn which issues you may be able to resolve on your own, and when you may need professional legal help. Use the menus below to navigate to the most relevant topic, or scroll down to keep reading about neighbor relations and the law.

Real Estate Law and Neighbors

Whether you’re a seasoned homeowner, prospective homebuyer, or a real estate professional, you might find yourself needing help with:

• Dealing with bad neighbors
• Managing homeowner’s association (HOA) matters
• Pursuing legal action when you cannot resolve any given issue on your own

Keep reading to learn about property rights and boundary issues. You’ll also find tips on handling common neighbor disputes.

Neighbor Disputes

Having a difficult next-door neighbor can cause many problems. Common neighbor disputes include:

• Barking dogs and other animal disputes
• Overgrown landscaping
• Desertion of junk cars
• Loud music and other noise
• Water damage
• Harassment

Any of these behaviors can have a significant impact on your neighborhood experience, as well as property values.

If your neighbor’s behavior is unreasonable, you may be able to take legal action. The best first step is to talk to your neighbor. After all, a soured relationship can create additional problems in the future. But, if a conversation doesn’t resolve things, your next move could be filing a nuisance lawsuit.

There are two main types of nuisance lawsuits:

• A private nuisance is one that specifically impacts your property, such as the example above. To prove such a claim, you would need to show that your neighbor’s actions substantially interfered with your enjoyment of your property.
• A public nuisance is one that impacts others in the community, such as a foul odor emitted by a nearby factory.

Boundary Lines and Other Property Disputes

A large portion of disputes and legal issues among neighbors involve property boundaries. Issues with property lines can lead to complex legal challenges, including:

• Line disputes
• Encroachment
• Adverse possession
• Zoning issues

For the most part, fences built on a boundary line are the responsibility of both neighbors (including maintenance and replacement costs). But there are plenty of other issues that are not as straightforward.

While local governments typically keep detailed records of property boundaries, they are generally written for professional surveyors. It can be challenging for most people to find what they’re looking for.

Get Legal Help with Neighbor Issues

In many cases, neighbor disputes can be resolved between property owners or with your homeowner’s association (HOA) if you have one. But if a neighbor’s behavior becomes a nuisance, you may want to take legal action. A real estate attorney can explain your options and help you protect your property rights.

Getting legal advice can also be helpful if a neighbor is complaining about noise from your property or a fence on the wrong side of the property line. A real estate lawyer can help you review your homeowner’s association (HOA) regulations and local ordinances. Make sure you’re on the right side of the law in a neighbor conflict.