We’d all like to think so.
The saying comes from Robert
Frost’s “Mending Wall” which was published in 1914. But even before that, in
the mid-1700s, Benjamin Franklin wrote in Poor Richard’s Almanack, “Love
your neighbor; yet don't
pull down your hedge.” With those seemingly wise words, you wouldn’t think
there’d be any problems, would you? Guess again and don’t forget the Hatfields
and McCoys.
Living near your neighbors can be a boon to your life. You
can make great friends, have people close that you can count on, share
experiences with and even feel safer in your community. But, as with most
things, there can be a flip side. You may find yourself in dispute with them
over the maintenance of fences and boundaries, new construction that may
obstruct a view or that you think is encroaching on your own property, or noise
coming from their side, that’s
driving you crazy. Don’t forget that you are legally entitled to quiet
enjoyment in your home. A note: if noise is the issue between you and your
neighbor, keep a diary of the dates of the noise and what kind of noise it is. You may want to record it from your own home if you are able to. This will be
helpful to you later on if you use mediation or some other means to resolve
your issues. There is also a possibility that your neighbors have no idea how
loud they are. This might just wake them up.
In any of these circumstances your first thought will
probably be to just go over there and have a chat. This may resolve the problem
right away, or you may find yourself facing resistance. What may seem to you to
be a reasonable request may not hit your neighbor in the same friendly way.
This may be a good time for you to seek legal assistance. In all likelihood you
and your neighbor will remain so for years to come, and before this dispute
grows into something larger and uglier, it’s best to deal with it early and in
a way that is fair to both of you. You don’t want to spend decades with this
festering and making you miserable.
Consulting an attorney doesn’t mean that you’ll necessarily
wind up in court. Depending upon the circumstances we can help you with
negotiation and settlement. In one instance, uncertain boundary lines may be
worked out through an administrative remedy in Oregon called property line
adjustment. This can be a complicated procedure, and we will work with you on
it. You don’t want to miss any of the fine points and not achieve the goal
you’re looking for. Uncertain boundary lines can have a future financial impact
should either neighbor want to sell or build. In the case of a sale, a buyer
may just back out of the transaction if the size of the lot is not as
represented.
Getting back to those fences... if you’re going to put one
up that sits on their land as well as your own, put in writing who is
responsible for what. Maintenance and repairs should be assigned to one side or
the other, or both. If it’s not in writing and you wind up in court, past
behavior is what the courts will look at in determining an outcome to a fence
or border dispute.
It will be great if you can work out your differences
amicably. But if you can’t, please give us a call at 503.655.7555. We offer
many years of experience in real estate law as well as a wide range of other
legal specialties.
There’s no reason you shouldn’t be happy in your own home.
#henricksenlegal
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