What to Do If Your Neighbor’s Property Negatively Affects Yours
Owning a home can be a very rewarding experience. All the things you never had to know in the carefree days of paying rent suddenly become important knowledge, like what a roofing system is or how to identify lead pipes . Another fun term you may need to learn, especially if you have terrible neighbors ? What is called ” external obsolescence “.
Exterior obsolescence is when the value of your property is negatively impacted by someone else’s property – such as an overgrown or neglected yard, or obvious damage to the roof or exterior of the home. As annoying as a slowly deteriorating house can be visually, it can also reduce the value of your home by 5-10%, which can add up to a huge amount of money.
Even worse, if your neighbor neglects any aspect of the upkeep of their home, it could even cause damage to your property—for example, a tree that should have been trimmed or removed falls on your roof . You could easily lose sleep over the potential impact of your neighbor’s abandoned house, but there’s one glaring problem: it’s not your property, so what can you do about it?
Collect information
Your first step in any neighbor dispute is to talk to your neighbors . It’s easy to imagine that someone who lets their house fall apart around them is doing so out of some strange malice towards you specifically – or perhaps humanity in general – but you don’t really know why your neighbor decided to let an advanced civilization of mosquitoes breed in their green, dirty, abandoned swimming pool, or why aren’t they afraid that their obviously dilapidated chimney is about to collapse on your roof. So, your first step is to register and ask politely. It’s possible that your neighbor has health problems or financial difficulties that prevent him from performing the necessary maintenance, or perhaps he didn’t realize how it would affect you.
If your neighbor is uncooperative or you conclude that for some reason they are unwilling to improve the situation, your next step is to research your local laws. If your neighborhood has a Home Owners Association (HOA) or other governing organization, check the bylaws to see if your neighbor is in violation. If there is no HOA, check local laws to see if your neighbor is breaking them—for example, some areas may require perimeter fencing, so a neighbor who let his fence collapse into a rotting mess will be breaking the law.
Finally, document any pending repairs that threaten your property—take photos and make notes. Hopefully you won’t need this material, but if you have to take legal action or file a formal complaint, it will be invaluable.
Offer to help
If your neighbor is unable to make repairs or maintain his property due to physical, financial or other limitations, you can offer to help. You could try to rally everyone else in the neighborhood to do some renovations or landscaping, for example, or you could come to an agreement with your neighbor whereby they’ll let you do or pay for some renovations—which might be worth it for you if this keeps your property value higher or prevents damage to your home.
You should make any offers of help in writing, keep all correspondence between you and your neighbor and keep notes of any private discussions, but if you have to make a formal complaint or file a lawsuit, these records will be vital.
Contact authorities
If you cannot resolve the situation with help or social pressure, use the information you have collected. Start by informing your neighbor (in writing) that if he doesn’t resolve the issues promptly, you will file a complaint with the HOA or the city – give them a clear deadline, then take action. The HOA will fine them and maybe even do maintenance and then assess the costs against your neighbor. Local authorities can also force your neighbor to make repairs under certain circumstances, and your neighbor may be fined if they fail to comply.
Once again, examine your neighbor’s deal before you potentially ruin his life by making formal complaints.
Lawsuit
If all else fails, you may have to sue your neighbor. If you have suffered actual damage to your property as a result of your neighbor’s lack of maintenance, you may be able to file a claim in small claims court to recover the cost of repairs.
Keep in mind that to succeed in your claim, you will likely have to demonstrate that you tried to resolve the situation amicably. This is where all your attempts to discuss the problem with your neighbor will come in handy.
If you did not suffer actual damage to your property, you can still sue your neighbor under nuisance laws . There are two types of legal nuisance: a private nuisance that interferes with your enjoyment of your property (such as a neighbor who throws loud parties every night and disturbs your sleep), and a public nuisance that affects a group of people (such as you). and your other neighbors). You probably won’t receive damages for winning your nuisance case—rather, the court may issue an injunction ordering your neighbor to fix the problem. But to win a nuisance case, you need more than just an eyesore on your home or a hard-to-prove claim of lower property value. Typically, you will have to demonstrate a threat to your safety or health – such as a dead tree that could potentially crash into your home if it fell during a hurricane, or the aforementioned mosquito farm.