You’ve been looking at your yard and you’re thinking about planting some trees in the spring. Maybe your patio needs an upgrade. But what you really want to do is something about your annoying neighbors.
Love thy neighbor is a great policy, but some neighbors will test anybody’s patience. Maybe your neighbor is doing target practice in the backyard with a firearm. Maybe he or she has a rooster that crows in the early morning. Maybe you’ve got somebody who amps up their music to crazy levels, allows their dog to bark loudly at all hours, or perhaps they never cut their grass, to the point that you’re pretty sure your own property’s value is going down. So what’s your recourse if you live next to annoying neighbors?
Unfortunately, not much, unless you live in a homeowners association, which will generally have policies and bylaws that everybody has to follow. In that case, you could report your neighbor for transgression against those rules. However, for those who don’t live in areas governed by an association, here are answers to some common questions about addressing annoying neighbors..
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Can I Sue My Neighbors for Being Annoying?
Probably not. Put another way, you absolutely can sue your neighbors for being annoying. We live in a very litigious society. But realistically, you are probably not going to win your case simply because they are exasperating.
“Legally speaking, you may not have as much recourse as you might think,” says Ben Michael, an attorney and founder of Michael & Associates, in Austin, Texas. “While annoying neighbors are just that — annoying — there isn’t much you can do about that legally, unless you can prove they are causing you or your property tangible harm.”
Michael adds: “Even lowering your property value is up for interpretation and difficult to prove, except in very extreme cases.”
But let’s say you do have a case. Even then, you really want to think carefully about suing a bothersome neighbor, says Evan Walker, a personal injury and property damage attorney in San Diego. Walker says he often consults and sometimes represents neighbors with property disputes.
“Litigation is expensive, and in most cases the prevailing party will not recover attorney’s fees,” Walker says. “So even if you win, you could still lose because of how much you paid for litigation costs and attorney’s fees.”
If you are determined to sue, Walker says small claims court can sometimes be a viable, less expensive option, since you typically won’t have a lawyer representing you. Still, you’ll want to think carefully about small claims court as well before charging forward and suing. While it’s simpler and less formal than other court proceedings, the outcome can be unpredictable. Consider the difference between annoying and harassing behavior: There are different legal standards for harassing behavior, such as trespassing or threats.
“Litigation doesn’t generally make things better,” Walker says. “People usually become more entrenched in their positions.”
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Can I Call the Police on My Neighbors for Being Annoying?
You probably know the answer to that question. Yes, you can call the police, but their first question is likely to be: Have you tried to work this out with your neighbor?
“Most of the time, the police don’t act,” says Walker, because police treat it as a civil issue, not a criminal one. . However, he notes, police will respond if there’s something serious going on, such an incident involving violence or trespassing.
While calling the police shouldn’t be your first step, according to Nolo, an online provider of legal information and services, sometimes it is necessary. First, ask yourself whether there are any laws or local ordinances being violated. If it’s a dispute about unruly pets, for example, your first move might be to contact the animal control office in your town.
If you do call the police, understand that the neighbor will likely know the complaint came from you. To move forward with a police complaint or legal issue, you should be prepared to publicly address your concerns.
What is the Best Way to Deal With an Annoying Neighbor?
Communicate. Talk things out. “Your best course of action is always to have a conversation with your neighbor,” Michael says. While that may not be what you want to hear, it’s really the first step.
“Most people are willing to compromise, especially when you present the issue in a civil manner,” Michael says.
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What to Do When Talking It Out Doesn’t Work
There are a few strategies you may want to try.
Document the infractions. If your neighbor truly is being annoying, like their dog keeps doing his or her business on your lawn, Michael suggests you document it. He says if things do escalate to calling the police or contacting an attorney, you want to “show a pattern over time, especially if the behaviors are devolving.”
Depending on what your neighbor is doing, videos from a security camera or phone, testimony from witnesses or a log and description of incidents can be essential to finding a solution.
“Until there is actual harm or damage to you or your property, there isn’t much a lawyer can do other than send a letter that advises legal action will be taken in the future if the situation isn’t corrected,” Michael says.
Send a letter. You could have an attorney write a strongly worded letter, as Michael says, advising that legal action could be the next step. The hope is that the threat of legal action will cause the neighbor to clean up their act, and you won’t have to go to court.
Will a letter work? It might.
“For some, this is plenty,” Michael says. “For others, it will be ignored. It usually depends on the severity of your neighbor’s behaviors and actions.”
Walker also seconds the idea of a letter. “The hope is not to collect damages but for the nuisance to stop,” he says.
And it may. Your neighbors probably won’t invite you over to a barbecue afterward or offer to pick up your mail while you’re on vacation, but a letter from an attorney may get them to clean up their act.
Look in the mirror. Could you be the annoying neighbor? You may be considered so if you call the police or contact a lawyer on your neighbor. Before you take any drastic action, which may change how your neighbor or neighbors feel about you forever, you really do want to make sure you are in the right.
Befriend the neighbor.Kristen Conti, a broker-owner at Peacock Premier Properties in Englewood, Florida, suggests this.
“People come from so many diverse belief systems and backgrounds, and many don’t see their actions as having a negative impact on others,” says Conti.
She says whenever she moves or purchases and is “the new kid on the block,” she gets to know the people in the neighborhood.
“It’s important for me to let them know I want to know the rules of engagement for their neighborhood and to ask what I need to know to be a good neighbor,” Conti says. “I want to play nice in the sandbox.”
She adds: “This practice alone has paved the way for many wonderful relationships, even with people who I’ve been told are impossible to get along with by others.”
She also emphasizes the importance of modeling good behavior. “As people see my property improving, suddenly other people work on theirs,” Conti says.
And if your neighbors really are impossible? If all the friendship and good behavior modeling in the world won’t make them change their behavior? In that case, Conti concedes that you may want to contact law enforcement or a good lawyer.
You may also want to see if any of your other neighbors would want to join in and add their name to a letter, police complaint or lawsuit. If your neighbor really is a problem, chances are you aren’t the only one being annoyed.
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What to Do If You Have Annoying Neighbors originally appeared on usnews.com
