Every American landowner shares their borders with someone else. While most Kansans share their boundaries with neighboring homes, you may share yours with anyone from a local farm to a government agency. But no matter who your neighbor is, there are sometimes disputes between you and them. And some can be—or must be—resolved in court.
Here are some answers to your questions about the most common neighbor disputes.
Who Is Responsible for Fences?One of the most common neighbor disputes is over a shared fence. In most Kansas jurisdictions, both neighbors are equally responsible for a shared fence. However, the details are usually left up to the two to work out. If your neighbor isn't holding up their end of the bargain or meeting minimum local legal requirements, you can sue them for financial compensation in civil court.
Can You Make Them Be Quiet?Is your neighbor making it hard for you to enjoy life on your own property due to excessive noise? What about smells, smoke, or other intrusions? There are several ways to approach something that's preventing what's known as quiet enjoyment of your property.
Some problems, like chemicals and smoke, may be public nuisances and handled solely by local code or law enforcement. However, if the problem only impacts you, it is a private nuisance and can often be litigated in a civil lawsuit. You may seek either financial compensation or even an injunction to make them stop the offending action.
What If They Damage Your Property?Close neighbors can affect each other's property in several ways. Two of the most common outdoor elements to damage a neighboring property are large trees (and their roots) and water that flows onto your property.
In general, you may trim branches on your side of the property line, but you may not harm the tree itself. However, a judge can order them to take action. What you can force a neighbor to do about water leakage depends on whether the problem is natural or man-made. You must handle those created by natural causes from your end, whereas man-made issues can be sued over.
How Can You Stop Harassment?Whether a neighbor dispute has become personally contentious or your neighbor has some other deep-seated issue with you, harassing behavior can be either a criminal or civil matter. Certainly, if you feel threatened, you may be advised to contact local law enforcement. However, harassment like yelling obscenities or libeling you in a local social media group are civil matters you may choose to litigate.
What About Boundary Disputes?Is your neighbor encroaching on your property? Did you buy a piece of real estate only to discover that their fence or their barn is on your property? Do you need access to a road across their land in order to use your own property? These are boundary disputes, and they can be very complicated.
In many cases, civil courts will uphold your rights to the sole use of your property. However, this is not always the case. If that barn or fence is newly built, the judge may order it removed. But if it's been there for many years and through multiple buyers, the judge may allow it to stay and grant an easement for such use. Similarly, easements permit you to access your neighbor's road or vice versa.
Where Can You Learn More?No matter what kind of dispute you and your neighbor have, there are a number of ways to resolve it. This may include anything from seeking help from local agencies to filing a civil suit. Find out more by meeting with
Hoffman & Hoffman. We assist Kansas property owners and tenants with all their legal needs. Call today to learn how we can help you.
