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When to Move a Neighbor Dispute Into a Courtroom
It is not always possible to have a good relationship with all neighbors. In fact, about 42 percent of Americans state they have endured a dispute with a neighbor. Luckily, most issues are problems the homeowners can handle on their own, but there are some that need outside assistance. Here is when you may need to contact a lawyer.
Safety of Family
People should feel safer at home than anywhere else. An irresponsible neighbor can take away that level of security. Your security at home can be impacted by an aggressive dog at the neighbor’s house that runs loose, or if they feed wild animals so skunks and raccoons come into the area. In addition, an unsafe feature from their yard, like a tree, may threaten your home.
The police and local animal control officers can help in some instances, but they cannot do much unless the neighbor breaks a law. A lawsuit may be the only choice if the neighbor refuses to listen to your concerns and the opinions of other families in the neighborhood. Lawsuits can force the neighbor to make changes or to cover the cost of damages their behavior caused.
Encroachment on Property
A common neighbor-related issue is boundary disputes. People do not always have boundary markers depicting where the property line sits, and this could lead to arguments if each neighbor believes they own a specific spot. A review of local ordinances and a surveyor can enable the homeowner to know exactly what they own.
Unfortunately, some people will continue to encroach on a property they do not own. Do not allow a neighbor to take over the property and continuously use it to keep the relationship peaceful. Adverse possession, also known as squatter's rights, is a law that can allow people to claim the property as their own after they use it for a certain amount of time.
A lawyer can send a letter to the neighbor that details the correct boundary lines and the need for the individual to stay off the property. The willingness of the neighbor to ignore your proof of ownership means the case may either need to go to court, or you may eventually forfeit ownership of a part of the land you own.
Harassment of Family
Harassment issues often fall into the same category as safety concerns. Police departments cannot do much unless someone breaks a law. Harassment that includes actions like stalking or verbal threats of violence do violate laws, and people can face criminal charges for their behavior. Many other methods exist for a neighbor to become a problem and avoid arrest.
Depending on where you live, people don’t necessarily break any laws when they play loud music or have dogs that bark all day. A neighbor may yell at your children or smoke cigarettes on the property line, which allows the smoke to enter your home. The neighbors may even bring down property values when they refuse to repair their home or clean their yard.
You can sue a neighbor for their behavior if it makes life unbearable on your own property. The law of nuisance exists to enable people to have a solution when they live next to a nuisance neighbor. An attorney can review the actions of the family or individual to see if they meet the qualifications for this type of lawsuit.
Homeowners should always try to peacefully resolve their disputes first. Some neighbors may not realize a problem even exists. Unfortunately, a peaceful resolution is not always possible. Take control to protect yourself and your property. At H. Charles Woerner, Jr. PA, we can arrange a consultation to discuss your concerns to decide what action to take next.
Are you in the market to buy a house? Read to learn about three instances when you will definitely want to use a real estate lawyer.
If you are planning for the future, you have a lot to be concerned about. Many people make mistakes when they put together their own estate plans, especially when they are not familiar with the law. You don't have to make a mistake when you know what to look for. Read on to learn more about the laws regarding estate planning. Not Planning for Domestic Partners If you live with a significant other but are not legally married, you need to set up a special plan to designate this person as a beneficiary. A domestic partner does not automatically receive your assets if you are to pass away. Additionally, you need to be aware that this partner may be unable to make medical or healthcare decisions for you should the need arise. You need to create a healthcare directive and estate plan putting this person in charge. Not Planning for Disputes When somebody dies in a family, tensions run high. Provide your loved ones with absolute clarity about your wishes so that there is little room for debate as to what you wanted. Not Planning for Minor Children One of the biggest mistakes people make is not planning adequately for their children. Trying to gift minor children assets can be expensive and time-consuming. Putting assets and funds into a trust may be the best way to plan for the future of children in your life. Additionally, your estate plan should name the individual you wish to have care for your child should something happen to you. Keep in mind that this applies not only to minors but also to anybody you have guardianship over. For example, you may have an adult child who has some disabilities and requires more care than most adults. Not Understanding the Role of Probate Even if you have a will in place, your estate may still go in to probate. If you have questions about probate and your will, you should speak with an attorney. If you wish to avoid the process, you can do so with thorough estate planning. Not Changing Your Estate Plan After a Divorce If your marital status changes in any way, you should address your estate plan. If you get a divorce, your estate plan should be updated to reflect new beneficiaries or executors, for example. If you get married, you may want to ensure that your new spouse is added to the plan as well. Failure to add or remove a spouse can lead to some confusing moments. Not Understanding Taxes Taxes can take a significant toll on your assets, no matter who you leave your assets to. To get a better idea of how to approach the tax situation, discuss your options with an attorney to see what your state's guidelines will entail. Trying to Do It Yourself Trying to do everything yourself is a big mistake. Many people think because they do not have many assets, they do not need to hire an attorney to put together an estate plan. In fact, many think they have found a loophole by putting a joint title on their assets, perhaps sharing them with a spouse or child. The main disadvantages to this type of plan revolve around taxes even if it does help you get around probate if that is your wish. H. Charles Woerner, Jr. PA handles matters related to probate and estate planning. If you need an extra set of eyes on your documents to protect you and your loved ones, you need to work with an attorney you trust. Call our office today to learn more.
