Real estate law involves many complex questions concerning rights in the ownership and possession of land and buildings attached thereto.
Often referred to as the law of real property to distinguish it from the law of personal property, real estate law is governed by legislative enactments and common law built up over the course of centuries of judicial decisions.
Because real estate is one of the oldest areas of the law, it uses many old terms and concepts passed down for generations. Many rights and responsibilities regarding real estate, however, have evolved and been updated by legislative enactments..
Newport Beach real estate attorneys describe how disputes between neighbors include many situations, such as fencing, boundary disputes, and incursion by trees or shrubs.
Legal Experts Explain Steps to Resolve Disputes
Orange County real estate attorneys tell of remedies to neighbor disputes. Conflicts often arise between property owners and can escalate very quickly. To sustain your friendly relationship with people who live nearby, it’s continually best to amicably resolve these disputes.
MANY if not most common neighbor disputes erupt out of unintended consequences, such as interference of an adjacent property owner’s view by tree roots or overhanging trees, and, of course, the litigious fencing dispute.
Unfortunately, however, Newport Beach real estate attorneys on several occasions have represented home owners where these disputes cannot be resolved without legal intervention.
Moreover, within the method of making an attempt to resolve them, discussions between neighbors become resentful and relationships crumble.
Neighbors are as diverse as society as a whole, and while a neighbor in one’s life can become a best friend, many simply wave as they speed off to work and otherwise are distant. Some socialize with others in the neighborhood, others keep to themselves. Everyone once in a while, though, you may get a neighbor who is at best odd and at worst a downright nuisance. Unfortunately, especially if your yards are small, you may find yourself in constant contact with them. How you co-exist can make all the difference between living happily ever after or litigiously ever after. That’s why we’ve
For many legal reasons, lawyers advising clients on real estate matters say that when one encounters the beginning of a dispute, it’s generally worth the extra money to hire a professional Newport Beach Real Estate Attorney.
Yes, the fees that real estate attorneys charge for home owners to resolve issues in court are normally affordable, and the result in cases involving neighbor disputes over material possession often favors the plaintiff. Also, a majority of these fees may well be redeemable per the penal code.
Disagreements with HOAs
While HOAs strive to keep a functional relationship between all it’s residents, it turns out that a surprising 42 percent of homeowners say they’ve had neighbor disputes, according to a 2013 survey by FindLaw, “a leading provider of business development solutions for small law firms.”
Whether it be from raucous late-night parties or opposite sleep schedules that result in one neighbor waking up the other, 48 percent of all survey takers said this was the №1 complaint.
31 percent of neighbor conflicts are caused by disregard for an animal or pet policy. Many times, this issue stems from the homeowner’s failure to properly handle or train their animal.
Much like pets, more than 23 percent of people find unruly behavior from children to be a problem. Whether they’re running on your property, being loud, or defacing the neighborhood, physical damage from a child’s bad behavior can often mean their parents are liable in the eyes of state law.
Physical appearance of your home
A visual nuisance in the front or back yards, your home’s disheveled aesthetic, and overflowing trashcans cause 18 percent of neighbor disputes. This can also include unkempt lawns, offensive signs or flags, and overdue holiday decorations.
Where your property begins and ends is the cause of 18 percent of homeowners’ unhappiness. Where should the fence line be between the two properties. How much of the side lawn should you mow? Who’s responsible for shoveling the mutual sidewalk during snowstorms? Where should the backyard fence be measured to? A real estate attorney can help answer questions like these.
Suspected criminal behavior
The survey doesn’t go into detail about the most common accusations, but 9 percent of residents get into arguments because one suspects the other of criminal behavior.
Health or building code violations
Do you have a window in every room except the bathroom, laundry, or pantry room? Does your kitchen have shelves? Are there rodents or a bug infestation? 4 percent of neighborly disputes come from health and/or building code violations. Orange County Real Estate Attorneys can help explain the nuances of these building codes.
Thankfully, most communities are built to offer parking for residents and visitors. While the quantity of spaces might not be the concern, the distance from your home or common areas as well as the time spent in a spot could account for the 1 percent of arguments.
Newport Beach real estate attorneys advise that if a homeowner is mired in a neighbor-to-neighbor conflict, there are certain steps they can take. 90 percent of home owners said “they took care of it”, such as:
- Discuss the matter with the neighbor directly.
2. Call the police if the dispute gets out of control.
3. Notify the homeowners association.
4. Hire a reputable real estate attorney and take the neighbor to court.
5. Send a note, letter, or email to the neighbor, explaining your concerns or point of view.
6. Take no action.
No matter the argument, dispute or outright aggression with ones neighbor, many well-known Southern Californian real estate attorneys continue to adeptly provide guidance for home owners needing for a legal solution.
A common view in real estate law it is recommended that a buyer or seller of real estate retain a real estate professional to assist in a real estate transaction.
More useful information regarding real estate law can be found at:
California Department of Real Estate
This page is the homepage of the California Department of Real Estate
California Association of Realtors
This is the home page of the California Association of Realtors
California Real Estate: Find Homes in California
This is the official site for the National Association of Realtors.