Taking A Neighbor To Court
How do I prove negligence against my neighbor?
Negligence is part of what we call "Tort Law". We have various kinds of law, Real Property Law and also Tort Law. Tort is something that injures a person either physically in their body or in their property. Or sometimes in their right of quiet enjoyment. Negligence is one type of Tort. Negligence is someone acting in a manner which is below the standard that we would expect a reasonably prudent person to conduct themselves. They're being careless, they're being reckless. For example when we have 2 cars that collide on the roadway, generally that's the classic idea of what we consider negligence, because it's almost always caused by someone's failure to drive their car in, according to what we all consider to be, the standard of care for a reasonably prudent person.
How can I add some weight to my complaint with my neighbor?
Preparation is always important. You want to keep notes, keep some sort of log as to what's happened. Dates, times and specifics as to what's happened, so that you're not relying solely on your recollection without being able to refer to something that can give you all the details. So the more details you have, the better. You can also see if the issue is affecting other people who live around you and enlist their assistance in dealing with the neighbor or at least in documenting the problem so that you have more facts and details on which to base your complaint.
What is the best way to let my neighbor know there's a problem?
Well the best way is always to remember to be neighborly, to approach them in the way that you would want someone to approach you. Often it's best to talk to them as if it's a common problem and it's something that really affects both of you They may not even know there's a problem; do don't assume that they do. Act as if you are advising them for the first time that this issue exists, unless you know that they are already aware of the problem and it's something that's recurring. So approach them in as reasonable and gentle a manner as you can with an expectation that you're going to work on something together.
How do I know when it's time to take my neighbor to court?
That will depend on how urgent the matter is, how big a problem, how much it is interfering with your quiet enjoyment of your property or your ability to use your property, how many times you've tried to deal with the issue and whether you've looked around to see if there's other ways of doing things. You're also going to want to evaluate the consequences of going to court. Are you raising an issue that's going to cause your neighbor to raise some other issue that you don't want to have to deal with that may be more serious to you? A lot of times in the court system, what we find is that one party raises an issue not thinking that the other party, a neighbor or business partner is going to raise some other issue that's even more serious and they're going to create a bigger problem for themselves than the one that's been bothering them. So you want to take a look at the big picture and this applies to any kind of dispute, whether it's with a neighbor or with a business partner, with a contractor. You want to take a look at the big picture and see what's involved and make certain there aren't claims that are going to be made back against you. Part of the big picture and part of the decision making process is cost and something that people often don't consider which is how is this court procedure going to interfere with your life or your business. When you go to court, unless it's a small claims court, there are rights in the United States to what we call Discovery which is sending questions to the other side that they have to answer, requesting them to give you documents and then potentially taking a deposition which is testimony taken in a private setting, generally in a law office, where you may be questioned and it may be an hour or it may be a day or it may be several days depending on how many facts there are and how much money the people are willing to spend in the lawsuit. So one of the very important things before going to court in any context that people often don't consider, is what will be the interference with your life, your family, your business be if you do take that step and walk in the courthouse door with your complaint.
Can I handle a neighbor dispute in small claims court?
Small claims court is generally a place where you can handle an issue without a lawyer. You are usually not allowed to take in a lawyer, that is part of the idea of the procedure. It is supposed to be simple, cost effective, hopefully inexpensive and quick. There are all of these jurisdictional limits in every state as to how much the dispute may involve so that you can take it to small claims court. It may be $5. It may be $7,5. It may even be more than that in some jurisdictions. So, you'll have to look at how much that limit is. Sometimes people, even though their claim is above that limit, will decide on the small claims court in order to be cost effective and they will sue for the amount that meets the jurisdictional limit of the court and will waive the amount above it. That is not unusual. You will see people do that from time to time, even small businesses, because it is generally a lot faster. The one thing to remember in small claims court is that usually only the defendant can appeal. The plaintiff has to accept whatever decision the first judge makes. Then if there is an appeal, it is generally a completely new trial and the judge that hears the appeal isn't bound in any way by what happened in the trial in the small claims court.
What can I expect if I sue my neighbor in regular court?
The court systems will vary from state to state. We used to have what we called Municipal Court and Superior Court and we have now unified those in the Superior Court which hears claims. We have what are called limited jurisdiction claims and unlimited jurisdiction claims the amount being $25, or below or above $25,. In other states, there will be different systems. In some places it's not called Superior Court; it's be called District Court. So you have to find out what the terminology is in the place where you live. You don't necessarily have to have a lawyer in order to file a lawsuit whether in small claims court or Superior Court. You can file in what we call in propria or more formally in propria persona. In which case, you don't have a lawyer. That is perfectly acceptable, although you are in general taking a lot more risks in doing things in that manner because in court procedures are very important and sometimes people lose their rights simply by not following the proper procedures.
When would I need a temporary injunction against my neighbor?
Well let's say your neighbor has a construction project that they've started and they're actually digging on to your property, now you have an emergency. You don't want that to go very far. The farther it goes, the harder it may be to stop it. Plus they may be damaging your property by that construction, if they're undermining your structure on your property, obviously you can't wait a long time to get relief. You need immediate relief.
What do I need to know about suing a landlord?
Landlord-tenant relationships are, for the most part, going to be based on the contract you've made on your lease, so you need to read your lease carefully and make certain what rights you have under the lease. However, the lease doesn't necessarily define all of your rights. There are some rights that you have that are implied by law. That could either be an city ordinance, sometimes on a rent control ordinance or rent stabilization ordinance. It could be in a state statute or sometimes we have rights that are developed in case law in our common law that you have as well. Those are going to be the first places you're going to look to determine what your rights are. Sometimes you may be able to find local organizations that will give you free advice: legal aid organizations of various kinds. It may be run by a local bar association. It may be run by some sort of religious organization. It may be run by a county bar association, where you can call to get some assistance. Again, if there's a rent control ordinance, or a rent stabilization ordinance, call the city office that runs that to find out if there is some law that applies to your particular problem.
