Neighborhood Disputes
The Hatfields and the McCoys are an extreme example of a
neighborhood dispute, but it doesn't take much for a little misunderstanding to
get blown way out of proportion. Barking dogs, unkempt property, misplaced
fences, and all sorts of annoying behaviors can lead to feelings of ill-will
that last for years. (And remember, it's not just your neighbors bothering
you--you could be annoying them as well!)
The first step in resolving any complaint against your neighbors is to let
them know that you perceive there is a problem. Your next-door neighbor who mows
his lawn at 7:00 on Saturday mornings may not realize that you work the night
shift and the noise wakes you up in the middle of your "night." Be
understanding, and be willing to work out a compromise.
If that doesn't solve the problem, review the local ordinances governing the
situation. (City Hall or the town library should have a copy of the Municipal
Code.) Check with the zoning commission to see if the issue is covered under its
authority. If you live in a planned development with a homeowners' association,
review the covenants that govern all residents' actions. If you're concerned
about an encroachment onto your property, you might want to have a survey done
to determine the location of the property lines.
After you've done your homework, send your neighbor a short, polite letter
reiterating the problem, identifying the applicable law, and asking for
cooperation in changing his or her behavior or situation to resolve the problem.
Include a copy of the relevant municipal code, your homeowners' association
covenants, or your survey.
Give your neighbor a reasonable length of time to comply with your request.
Only if that fails should you file a complaint with the police or a lawsuit in
civil court
Liability
We live in an increasingly litigious society. Every day you
can read in the newspaper about someone suing someone else over an accident or
some other perceived harm. As a homeowner, you're responsible for maintaining
the condition of your property so that no one is hurt. If your negligence causes
someone to be injured, you may be liable. For example, if your neighbor slips
and falls on an icy sidewalk that you haven't shoveled, you could be considered
negligent.
If some portion of your property could be considered an "attractive
nuisance," you'll need to be especially vigilant in caring for and securing that
property. A swimming pool is the classic example of an attractive
nuisance--every child in your neighborhood is fascinated by that big, deep
expanse of water. Homeowners generally have an extra duty to protect children
from potential harm.
Homeowners' insurance usually includes liability protection, covering you if
someone is injured on your property. In addition, you can expect your insurance
to pay for the cost of hiring an attorney to defend you in court.
Easements and Encroachments
An easement is the legal right of a non-owner to use a portion
of the property for a specific and limited purpose. For example, there may be
specific areas of the property where utility lines may be located, or an owner
of property with no access to a street or road might have the right to cross
another individual's property to reach the road. Generally, the owner will not
be permitted to construct a residence or other building where the easement is
located. The party holding the easement rights (such as the utility company or
the "landlocked" neighbor) will have the right to enter the area of the easement
to maintain the utilities, to gain access to his land from the road or vice
versa, or to conduct other activities specifically permitted by the easement.
Easements must be negotiated and voluntarily agreed to by the owners of
property. However, after they are established, they remain binding upon the
subsequent owner of the property.
Encroachments are buildings, fences, shrubbery, or other items that are
located beyond the boundary line of the property. An encroachment is a form of
trespass. Encroachments can adversely affect relationships with neighbors, cause
problems with the title to the property, and create difficult hurdles in
obtaining financing for the purchase of a residence. While a casual inspection
may raise some questions about the possibility of encroachments, a survey may be
required to make an actual determination as to whether an encroachment exists.
Lenders often require a survey as part of the loan application process to make
sure that there are no encroachment problems.
Restrictive Covenants
Covenants and restrictions can have a significant impact on
your use and enjoyment of your residence. Uniform covenants and restrictions
often are adopted by developers for an entire subdivision (neighborhood) or
condominium. These rules may:
- Limit business activities that can be conducted in the residence.
- Affect parking, the appearance of the residence, and the requirements for
storage and utility structures.
- Provide for an owners' association that governs certain common activities,
such as maintenance of common grounds, private streets, or a water system.
- Require payment of association fees and related common costs.
- Require certain procedures in connection with the sale of the residence.
In some planned communities, the covenants have become so strict that they
cover the color of flowers you can plant in your yard, the exact height of
fences and size of decks, the number of cars that can be parked in front of your
house at one time, and the like. You should be aware of and comfortable with the
covenants before you purchase your home and you should monitor changes to them
while you reside there. A violation can be costly.
Zoning Laws
Zoning regulations are local governmental regulations that
affect what activities and uses can be conducted in certain "zones." For
example, the commercial area of a city may be zoned "heavy industrial" or "light
commercial." In a residential area it may be important to know whether the
zoning designation allows rental properties, shopping centers, service stations,
or convenience stores to be located in close proximity to residences. In
particular, it can be important to know how an area is zoned if there are vacant
or undeveloped properties near your home. The vacant lot next to your residence
may be tomorrow's convenience store. You also need to be aware of the zoning
laws if you are interested in starting your own home-based business, as these
tend to be regulated strictly.
For More Information Contact:
Peggy Wright Advantage System
Tel: 480-755-8490
FAX: 623-321-1792
Email address::
peggywright@qwest.net
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