Neighbor Relations
| Author | Jeffrey Wilson |
| Pages | 1219-1222 |
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Probably as soon as humans shifted from nomadic to agricultural, neighbors have had disputes. Through the centuries, these conflicts have been resolved numerous ways. In early history the resolution was sometimes amicable and other times it was literally a fight to the death. Modern conflict resolution of neighbor disputes is generally not so dangerous as in ancient times. However, the concept that one's home is one's castle is an idea ingrained deeply enough to create strong and sometimes seemingly uncompromising positions when neighbors face off.
Legal disputes in the area of neighbor relations can be unreasonably costly as disputes are typically about rights rather than monetary damages. Attorneys fees can run higher than any potential damage award by a court, and this fact can lead to both parties coming away dissatisfied and financially and emotionally drained. Thus, mediation is often recommended as a means to resolve these types of disputes.
Good neighbors communicate, resolving problems to their mutual benefit. However, conflicts can develop over a number of common issues.
Surveys done at the time of any property purchase, should reflect the boundary lines. Prior to erecting a fence on a boundary line, an updated survey could be ordered which reflects the accurate boundary lines. This may be impossible, due to perhaps the age of the property or the wording of the deed. (Some older deeds can contain legal descriptions such as "52 feet from the bend in the stream" on a piece of land, which has only a dry riverbed where a stream once existed.) In such a situation, the owner may file a quiet title lawsuit and request the judge determine the boundary lines of the property. This procedure is generally more expensive than a survey due to the legal filing fees. An acceptable alternative is for adjacent property owners to agree on a physical object, such as a fence, which could serve as the boundary line between the properties. Each owner would then sign a quitclaim deed to the other, granting the neighbor ownership to any land on the other side of the line both owners had agreed upon.
If the piece of property in dispute has been used by someone other than the owner for a number of
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years, the doctrine of adverse possession may apply. State laws vary with respect to time requirements, however, typically, the possession by the non-owner must be open, notorious, and under a claim of right. In some states, the non-owner must also pay the property taxes on the occupied land. A permissive use of property eliminates the ability to claim adverse possession.
Good neighbors should agree to split the cost of the repair of fences or common boundary walls. Local fence ordinances usually regulate height and location and sometimes the material used and appearance. Residents of subdivisions are often subject to even stricter Homeowners' Association restrictions. In residential areas, local rules typically restrict backyard fences to a height of six feet and front yards to a height of four feet. Exceptions exist and a landowner can seek a variance if there is a need for a higher fence. While some jurisdictions have specific aesthetic zoning rules with respect to fences, as long as a fence complies with local laws it cannot be taken down simply because it is ugly. In fact, unless the property owners agree otherwise, fences on a boundary line belong to both owners when both are using the fence. Both owners are responsible for keeping the fence in good repair, and neither may remove it without the other's permission. In the event that trees hang over the fence, most states agree that the property owner may cut tree...
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