By Erik J. Martin
CTW Features
Robert Frost once wrote that good fences make good neighbors. But even the tallest, strongest barrier can’t always keep the peace between two owners on the block – one of whom usually inspires the other to harbor resentment or take action because of an inconsiderate act or oversight.
Indeed, nearby nuisance neighbors can be a real headache, whether they’re making a recurrent racket, have an irritating pet or are infringing on your property somehow. But it’s how you choose to address these problems that may determine whether they’ll be resolved the easy or the hard way, say the pros.
“The most problematic issues are often noise, pollutants, animal waste not being cleaned up and landscape issues – like trees planted far too close to the fence line or a fence that falls over and no one steps up to repair it,” said Alexis Moore, a Sacramento-based attorney and real estate broker.
Other common gripes include unkempt front or back yards littered with weeds or abandoned cars, a home in general disrepair, chronic dog barking or someone building across your property line, according to Nikki Bernstein, associate broker with Coldwell Banker Residential Brokerage in Scottsdale, Ariz.
Human instinct may be to hurl insults over the fence, initiate a shouting match or retaliate in some secret or blatant way. But those approaches only make the matter much worse, says Scott Reidenbach, attorney/founding principal of Reidenbach & Associates in Wayne, Pa.
“The best solution? Walk over with a cold beverage and say, ‘Hey, let’s make amends about this issue,’” Reidenbach says. “You might be surprised at their reaction.”
In other words, keep a calm head, approach the neighbor in a kind and non-confrontational manner, and use gentle language to bring up what’s bothering you. Be cognizant of the fact the neighbor may not be aware of the issue perturbing you, or there may be innocent extenuating circumstances that caused the problem to happen, such as an illness in the family that’s resulted in a neglected yard.
Additionally, live by the residents’ golden rule: love (or at least try to coexist peacefully with) thy neighbor, and do unto him what you would want him to do to you.
“Try contacting the neighbor face to face, or via phone, text or email if they’re not around, and attempt to resolve the issue,” Moore said.
If that doesn’t improve matters, consult with local authorities: your municipality may have ordinances or laws that can pressure the offending party into compliance.
“Recently, I sold a home where the seller’s next door neighbor had a lot of junk vehicles, an overgrown lawn and kids toys galore in the front and side yard – all of which were bringing down my for-sale property,” said Brett Maternowski, Realtor with Spring Hill, Fla.-headquartered RE/MAX Marketing Specialists. “We tried engaging the problem neighbor, but he didn’t want to play nice. A couple calls to code enforcement resulted in a notice of citation and potential heavy fines. Their yard was picked up the next day.”
Not every disgruntled owner has the luxury of moving away, however. The next logical step may be to call a lawyer.
“Contact counsel early in the game – not to pursue litigation but to become educated and get legal advice,” Moore said. “There’s nothing worse than realizing you have no legal stance after threatening to sue your neighbor.”
If the issue becomes a serious legal one, document everything you observe with accurate times, dates and details, and attempt to quantify any damages or losses you suffer. Find witnesses that can back up your beef and possibly testify in court on your behalf.
If a lawsuit is inevitable, be prepared for disappointment.
“In general, the winners in litigation are the attorneys,” Bernstein said. “Pursuing a lawsuit is mentally and financially taxing. Oftentimes, you can win the suit, but end up paying more in legal fees than the judgment.”
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