Neighbor Dispute Lawyers in San Francisco California Bay Area
Though you may be able to find the exact property you are looking for, you cannot choose your neighbors. Disputes with neighbors are a reality when living in an urban or suburban area. Having an attorney guide you through these disputes from the beginning until the end will maximize your chances of winning.
Some of the most common disputes involve:
- Nuisance: A nuisance is defined as an act, or condition, on a party’s land that substantially and unreasonably interferes with another party’s use and enjoyment of their land. Your neighbor may interfere with your use and enjoyment of your property by causing smells, sounds, light or pollution to originating at his or her property which crosses onto your property. This can be stopped through an injunction (a court order requiring the offending party to stop doing something), or damages in certain cases.
- Easements, Restrictive Covenants and Equitable Servitudes: An easement is a right to use another person’s land for a specific purpose. Easements can be formed by express agreement, implication, necessity or past use. Restrictive covenants and equitable servitudes are agreements, promises, or deed provisions that can bind a subsequent owner of land to usage rights that came long before that person purchased the property in question. Owners of real property often look unfavorably on other parties using their land and this often leads to disputes over the existence and scope of the easement, restrictive covenant or equitable servitude.
- Boundary Disputes: Land disputes often involve arguments over boundaries; specifically, where one owner’s property ends and another’s begins. Sometimes mistakes regarding these boundaries results in one party using and sometimes building on land that they believe belongs to them. Under certain circumstances, a person can acquire the right to use the land of another for a particular purpose, or even obtain ownership of such land through the doctrine of adverse possession.
- Trespass: Unlawful entry onto the land of another is trespassing. Pure trespass disputes are rare and allegations of trespassing typically arise out of an existing dispute about nuisance, easements, or boundary.
Neighbor disputes though seemingly straightforward often trigger land right issues established by common law over the past several hundred years. This common law is frequently confusing, contradictory, and counter-intuitive, because much of it has developed when people did not live so close together and did not put land to such varied and ever changing uses.
Bay Area / San Francisco Real Estate Dispute Attorneys
At the Zuarda Law Firm, we aim to effectively and quickly resolve real estate legal issues in a manner that protects our client’s legal rights. If you have a real estate legal question in or around the California Bay Area just call our office or fill out our contact form on this page. Your initial consultation with The Zurada Law Firm is always FREE.