NEIGHBORING PROPERTY DISPUTES
A property dispute with a neighbor is the peak of discord in a community. If two neighbors are not getting along, the whole block knows about it. In Philadelphia, the houses stand so close together that it is easy to fight with your neighbor. Between loud parties, encroaching trees, and fences, it is surprising that Philadelphia has not erupted into a feud like the Hatfield and McCoys.
As a property owner, you have property rights and protections against your neighbors. If you are in need a property dispute lawyer, Freundlich & Littman, LLC are your experienced civil attorneys. We understand the tensions between neighbors who are in dispute. When you go home each night, your neighbor reminds you of the tensions. Sometimes, the only way to end to the unpleasantness is to seek a lawsuit.
As a property owner in the Philadelphia area, you have a right to the “quiet and peaceful enjoyment of your property.” More commonly, people call these laws nuisance laws. Laws exist to limit the amount of noise. There are further limitations dictating when a person may engage in the loud and disruptive behavior.
Nuisance laws do not just protect from noise. It could also be a smell causing the nuisance. Backyards in the city are often close together. Composting is a great way to provide natural fertilizer for plants. The main downside is the smell. If your neighbor’s compost pile is too big or smelly, you might lose the ability to enjoy your backyard. The smell might even permeate your house.
Nuisance laws exist to keep the peace among neighbors. The does not mean neighbors like to follow the laws. Likewise, some neighbors are too sensitive to the slightest noise. Whatever the reason, you have legal recourse. We can help you solve your neighboring property dispute.
Most often, the source of encroachment is trees and shrubs. Some types of trees have invasive roots. If the tree grows too wild, the roots interfere with neighboring properties.
Roots can grow so invasive that they affect the foundation of a neighboring property. Before the roots of a neighbor’s tree put a crack in your foundation, you need to get the roots taken care of.
Even if the roots are fine, the tree could hang over wires. Every time there is a storm, a branch falls off and knocks your power out for days. The neighbor’s apple tree drops apples into your yard each season. It draws in squirrels that destroy your prized plants.
All these encroachments interfere with your property rights.
The last big area of contention amongst neighbors is property boundaries. The best way to know your property limits is to consult a surveyor. These measures are not without fault. You could rely on a surveyor, but they sometimes make mistakes.
If there is a dispute over property, there are several ways to figure out a discrepancy. First, you can check with government records. Their records may reflect a more accurate detail of true property boundaries. If you find a discrepancy in the boundaries, it may not matter.
In property law, there is a concept called, “adverse possession.” If another person used a piece of your property, they may own the property. The use of the property must meet statutory requirements. The non-owner must exclusively use the property for a statutory time requirement. The use must be open and without permission.
The law on adverse possession is complex. If you think you might be in adverse possession situation, contact us immediately.
What To Do About A Neighboring Property
You have two options for a property dispute with your neighbor. First, you can negotiate with your neighbor. A friendly chat may go a long way. If that does not work, you can send a formal demand letter. A demand letter formally requests that a neighbor stops the nuisance.
If the neighbor fails to respond, your next step is to seek legal help. Legal representation will file a lawsuit on your behalf. In the lawsuit, we make a demand that the nuisance stop. If a judge agrees, your neighbor will need to comply or face disobeying a court order.
Neighboring Property Dispute Attorney
Did your neighbor file a lawsuit against you for an unfair property dispute? Is your neighbor’s tree encroaching on your property? Need an attorney to handle a boundary dispute?
Our dedicated team is here for your property disputes with your neighbor. If you need help crafting a formal demand letter, we can help. Call us today at 215-545-8500 to schedule a free consultation.