NEIGHBOR LAW BROCHURE
This Article is designed to be of general interest. The specific techniques and information
discussed may not apply to you. Before acting on any matter contained herein, you
should consult with your personal legal adviser.
Trees, views, fences, and boundary disputes are common problems faced by homeowners.
What are the rights and responsibilities of neighbors regarding these issues?
Good neighbors communicate, resolving problems to their mutual benefit without resort
to the legal system. Mediation (offered by many communities or private providers) may
result in a practical solution both can accept.
Our legal system descends from British common law. Statutes are passed by legislators to
control specific situations; `common law' has been developed by judges who interpret
statutes and situations not specifically addressed by statutes, generally using theories of
fairness for the best long term benefit of society. Many of the rules discussed here were
developed over the last 7 centuries, and are a little surprising in the modern world.
BOUNDARY LINE DISPUTES
Our neighbor just had a survey: our house/fence /driveway is really one foot on his
property. What can we do?
The common law doctrines of adverse possession and prescriptive easements sensibly
allow continued use of another's property to the same extent that it has been
occupied/used for at least 5 years. [This is commonly known as "squatters' rights."]
Additional requirements are that the possession by the non-owner be open, notorious, and
hostile. For the "squatter" to obtain actual ownership, he must also pay the property taxes
on the occupied land.
Alternatively, if it can be proven that both neighbors (or the prior owners) had agreed that
the fence was the boundary line, after 5 years, the common boundary theory makes it so.
FENCES
The boundary line fence fell down in a recent storm. Who is responsible?
Good neighbors will agree on splitting the cost of the repair. 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 made sense at the time of the Magna Carta when British common
law began, but has been sensibly limited with the advent of airflight.
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 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).
[A boundary tree is one planted on the boundary. It cannot be removed without mutual
agreement.]
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. [Common
law developed in an agrarian society.]
VIEWS
My neighbor's tree has grown large:
- my view has been ruined
- my natural sunshine is blocked
- my air circulation is affected.
In California, there is no right to view/sunshine/ air circulation, unless a local ordinance
has been passed. Several Bay Area cities have various local ordinances.
My neighbor is building an addition which will:
- ruin my view
- harm my property value
The local zoning and building departments control these issues. If the neighbor meets
their requirements, generally nothing can be done.
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.
Other Problems
My neighbor has too many pets.
Unless it is a health code or noise ordinance violation, it is probably tough luck.
My neighbor parks:
- his ugly boat/RV
- 15 cars/broken cars
on public streets in front of my house.
Tough. Local rules apply, if any exist.
Shared Driveway
There must be a written agreement to enforce any agreement for sharing expenses for a
shared driveway.
Noise
Local laws control noise. Police might quiet a noisy event under criminal disturbance of
the peace laws; private (civil) remedies exist only for a continuing nuisance.
Ugly House
My neighbor painted his house purple.
There are no limits on bad taste unless CC&Rs are recorded locally on the land records.
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.