When Neighbors Aren’t So Neighborly

When a problem with your neighbor has you at the end of your rope, here are the steps to take.

Talk it over. Don’t overlook the obvious. Before you report your problem neighbor to authorities, approach the neighbor, who may not even know about what’s bugging you.

For instance, the barking Dalmatian that is keeping you awake nights may make noise only when no one is home; the owner who works the night shift may not know that Spot is creating havoc. And your neighbor who worked so hard to paint that neon jungle scene on the eight-foot fence between your yards probably has no idea that it’s less than lovely to your eyes.

Assume that the neighbor doesn’t know there is a problem and would like to be told. Talking to your neighbor calmly and reasonably is an essential first step. Even if the two of you do end up in court eventually, a judge is likely to be more sympathetic if you at least made an attempt to work things out first.

So while it’s unpleasant to approach another person to discuss the thorn in your side, you have nothing to lose from it. And if you approach the task tactfully, you may even be pleasantly surprised to learn your neighbor is willing to work toward a solution.

Check the local law. If your neighbor is uncooperative, find out whether the annoying behavior violates any local ordinances. The best way to check out what your city or county ordinances cover is to go to the public library or the county law library--usually located near the courthouse--and read them yourself. Make copies of anything you think is pertinent.

Once you have a copy of an ordinance that covers the problem, your troubles may be almost over. In most circumstances, just presenting a copy to your neighbor will resolve the problem.

If your first attempts at talking things over face-to-face have given you little hope, write your neighbor a letter. Maintain a calm and reasonable tone, but re-emphasize the need to resolve the unpleasant situation--and enclose a copy of any ordinance that proves it’s also against the law.

Try mediation. A mediator will not make a decision for you, but will help you and your neighbor decide on the best way to resolve your problem. Mediators, both professional and volunteers, are trained to listen to both sides, identify problems, keep everyone focused on the real problems and suggest compromises. Going through the process helps both people feel that they’ve been heard--and often puts people on better terms at once.

The key to mediation is that, unlike a lawsuit, it is not an adversarial process. You do not go to mediation to argue your side. No judge-like person dictates what you must do. The outcome is in the hands of those who have the dispute; until both agree, there can be no resolution.

A frequent consequence of mediation is that those involved in the dispute discover that the problem they think they have--a noisy dog, an encroaching fence--isn’t the main problem at all. It may turn out that the reason one neighbor hasn’t controlled her dog better is that she’s angry about the other’s tree, which drops a yard-full of leaves onto her side of the fence. If one neighbor trims some of the far-hanging branches, he may find that his neighbor suddenly finds a way to make her dog behave.

The best place to look for a mediator is a community mediation group. City and county governments sometimes offer mediation services of their own, or can refer you to organizations that do. Call the courthouse information number to find out. The small claims court clerk or even radio or television stations that take “action line” calls also may be able to refer you to a mediation service. Finally, many state and local bar associations publish directories of dispute resolution services throughout the state.

Call in authorities. When you have tried but failed to solve a problem yourself, it may be time to call in authorities. For example, if you have politely and repeatedly asked your next-door neighbor to turn down the rock music and instead, the stereo goes up another notch, you may find that you have to finally call the police. Many towns have a special noise unit that responds to complaints.

For a first complaint, the police will probably warn the person violating the ordinance. If the noise continues or is repeated, the noisemaker will be cited and fined. Fines are usually levied according to how many violations there have been--for instance, $100 for the first, $200 the second time, $300 the third.

The city or township controls many other common problems that neighbors have with one another, so you may need to report a violation to the appropriate city department. The clerk at city hall will know which department to call, and many departments are in the phone book under the city government listing. For example, offices of the Health Department, Animal Control and Zoning Board will be listed separately, especially in larger cities.

When someone complains about an ordinance violation, the city or county can warn the offender, impose a fine or take measures to correct the problem. Sometimes, if the person is uncooperative, the city will correct the problem--for instance, clean up objectionable rubbish--and bill the person responsible. In serious situations, the city or county attorney can sue the person to force compliance with the law.

Sue the neighbor. Whenever someone else’s unreasonable action interferes with your enjoyment of your property, it is considered a “private nuisance.” If your neighbor blasts a stereo or lets a dog howl all night, you can sue the neighbor for maintaining the nuisance.

Most people are very reluctant to sue their neighbors, and they should be. Litigation is often time-consuming and expensive, and it’s practically guaranteed to wreck whatever remains of a civil relationship between neighbors. But if all else fails, consider taking your complaint to a small claims court judge. If you sue for money alone, you can use small claims court. It’s easy, inexpensive--and you don’t need a lawyer to go through the process. Having the neighbor ordered to pay you money can be amazingly effective in regaining your quiet, your peace of mind and getting a persistent problem cleared up in a hurry. The amount you can sue for in small claims court is limited, usually between $2,000 and $5,000.

Once you have sued and won in small claims court, if the noisiness or other problem doesn’t stop, you can sue again and again as long as it persists. Also, if other neighbors are affected and perturbed, get together with them and encourage them to use small claims court, too. If 10 people sue for $2,000 each, that’s $20,000. Do it again--another $20,000. Such large cumulative court awards may be the best persuasion for getting the problematic neighbor to stop the offense.

To get a court order making somebody stop an activity, you must sue in regular trial court--not small claims court--which probably means hiring a lawyer.

Next week: How to approach a problem neighbor.