Bad Neighbors: What to Do Legally

What happens with difficult neighbors whose behavior amounts to harassment or illegal activity? Some bad neighbors are merely a nuisance, and others are downright dangerous.

This article offers suggestions on things you can do to deal with bad neighbors. Learn how to address legal issues with the people who live on your street. You’ll also find guidance on last-resort situations, with solutions to handle anything from noisy neighbors next door to disagreements over property lines.

If you’re dealing with renters who enjoy late-night partying or neighbors who call animal control every time your dog barks, this article explains your legal options. You can also contact a local attorney if you need to take out a restraining order against your neighbors or need legal advice on the best way to regain peace on your property.

Not So Neighborly: Types of Bad Conduct

Usually, you can deal with most issues directly with your neighbor. But there are other times when you need an attorney to protect your legal rights.

Some common types of bad neighbor behavior include:

• Loud music
• Barking dogs
• Failure to care for shared property
• Refusal to share costs in landscaping for the shared property
• Trespassing 
• Environmental hazards, like burning trash or using harsh chemicals 
• Encroachments and not respecting property lines

If a behavior is annoying, it’s best to consult with your homeowners association (HOA), property management company, or landlord to resolve the issue. If the behavior is illegal, you may need to contact the local police or file a noise complaint.

When this isn’t an option, your only solution may be to handle things the legal way.

Setting a Conflict With Your Neighbor: Communication Is Key

You can settle many neighbor disputes with a simple conversation. Before you turn things over to an attorney or the local authorities, try to discuss the issue with your neighbor. You may be able to reach a fair compromise without legal action.

A simple, over-the-fence discussion may clear up some misunderstandings. For example, if you believe your neighbor is responsible for recent water damage, let them know. Calmly explain the problem and ask them if they will help fix the damage.

The same is true for issues with legal covenants and easements. Your neighbor may not know that the prior property owner granted you certain permissions. Assume that your neighbor is not intentionally making life difficult for you and your family.

Can Hiring a Mediator Help Resolve the Issue?

Sometimes, it’s impossible to resolve issues with a neighbor on your own. A mediator can help you work through these issues and devise an acceptable solution for all parties.

Most homeowners find that when it comes to a troublesome neighbor, it is best to wait to litigate an issue until they’ve exhausted less formal options. This is especially true when your problem involves a new neighbor.

People who are new to an area may not be familiar with local ordinances. For example, a new neighbor may not know they cannot play loud music after 10 p.m. A letter from a local attorney may solve the problem. If the problem is more serious, such as legal eviction, it’s best to seek legal advice from the start.

A Homeowners Association Offers Extra Resources

If your neighbor refuses to discuss the problem, contact your homeowners association and explain the situation. If the neighbor’s behavior threatens local property values, the homeowner’s association will also want to address the issue.

Almost all HOAs have policies and guidelines on how to solve neighbor disputes. HOAs and tenant associations typically have rules regarding the following:

• Noise
• Pets
• Home-owned businesses
• Visitors and guests

If your neighbor is not following the association’s bylaws and guidelines, the HOA can step in and remedy the problem.

For instance, if your neighbor’s yard creates an eyesore, it’s probably affecting many residents. Any issues that would affect the sale of your home are a concern for everyone in a homeowner’s association.

What Do Zoning Laws Say?

Not everyone belongs to an HOA. You may want to consider local zoning and ordinance laws if this is the case. If you can show that your neighbor is violating local law, your town’s code enforcement agency or law enforcement may be able to step in.

If this doesn’t resolve the issues with your neighbor, you can go to small claims court and demand an injunction or damages. An injunction is a court order that orders someone to stop doing something.

You May Have to Call the Police on Bad Neighbors

If you have tried to resolve the issue with your neighbors and nothing seems to work, you may need to call the local authorities if there’s a safety issue. This should be a last resort. Once you report your neighbor to the police, it will be difficult, if not impossible, to maintain a friendly relationship with them.

You may live next to your neighbor for years or decades. It’s best to try to avoid souring your relationship with them.

If you have to contact law enforcement, report the issue and tell them you have tried to resolve it amicably. The police will investigate the matter and do their best to fix it.

If the case goes to court, you will likely have to testify. But it rarely gets to this point. Once your neighbor realizes you’ve reported them, they may curb their annoying or troubling behavior.

Bad Neighbors? An Attorney Can Help

Homeowners should always try to resolve disputes with neighbors amicably. But that’s not always possible. There are situations in which you need to take legal action. If you are considering legal action against your neighbor or want to know more about the process, consult a real estate attorney.

Your home is too important to be a source of stress. An attorney in your area can advocate for your rights and help restore the peaceful enjoyment of your home.