Settling Disputes Over the Fence

From clucking rooster disturbance calls to lawn gnome vandalism, Don Graham has heard it all. But when it comes to neighbor disputes, the senior lead officer for the Los Angeles Police Department’s Devonshire division said the real culprit is lack of communication.

“People are afraid of confrontation. Rather than talking with their neighbor about problems over a cup of coffee, one neighbor will cut down a tree,� Graham said. “Then the other neighbor comes home and finds his tree has been cut down [and retaliates]. It goes back and forth when it never should have started.�

Julie L. Bronson, an administrator for the Los Angeles Superior Court Alternative Dispute Resolution Program, one of L.A. County’s 17 mediation services funded by the Dispute Resolution Programs Act of 1986, or DRPA, has seen many residential feuds escalate to irrational levels.

Bronson recalled a clash in which one tormented resident was arrested for assault and battery after drenching his neighbor with water from a garden hose during a fit of rage. Other incidents, she said, simply defy reason.

“I have seen cases where the neighbors got into a fight over who had the prettiest Christmas decorations,� Bronson said, “and it was going through the court system.�

The story is familiar to Graham, who has spent seven years with the LAPD. Although he sees neighbor squabbles escalate to violence, he said it is not unusual for patrol officers to respond to as many as half a dozen residential disturbance calls during an eight-hour shift.

“But if we have to assign detectives and follow-up investigators and put cops on jury trials every time someone bends the neck off a pink flamingo in somebody’s yard, that’s all we would be doing,� he said.

If you don’t want to move and can’t build a moat around your flock of plastic flamingos, look for peaceful solutions and know the law, advised neighbor law expert Cora Jordan, author of “Neighbor Law: Fences, Trees, Boundaries & Noise� (Nolo; 2001).

For example, unless a local ordinance is in place, most California residents don’t have a right to a view; a home’s unsightly paint color is not usually cause for a lawsuit; a boundary tree belongs to both neighbors and can’t be removed without an agreement; and if a neighbor’s tree or roots encroach on your property line or pose a danger, the law usually allows the limbs or roots to be trimmed or removed.

Even with the law on your side, Michael Rapkin, an attorney with Rapkin & Gitlin in Woodland Hills, said you should make a request--not a demand--and expect your neighbor to respond with a complaint of his or her own.

Rather than sending a nasty letter or creating a potentially bigger problem by involving the police, Jordan said, residents should assume the person creating the nuisance doesn’t know there is one.

“If your dog were barking all day when you were not home, you would want to know about it, right?� she said. “So approach them that way.�

Engage your neighbor in a general conversation on neutral territory, such as a laundry room, lawn or sidewalk.

“Don’t bang on somebody’s door,� Jordan said. “Everybody wants to defend their space, and they will get angry--no matter what the problem.�

When rational talk fails, write a letter outlining the problem and suggest some solutions, or enlist the support of other homeowners.

“If something is bothering you, it is probably bothering someone else,� she said. “It is very hard to complain, but there’s safety in numbers.�

Still, when there is no common ground in sight, Rapkin said, don’t retreat; hire a lawyer to write a formal letter. “That usually works.�

No matter what your approach, Jordan recommended keeping a documented log of the problem--including times, dates and severity--as a record for police or during court proceedings.

Rapkin, who specializes in community association law, said most residents have resolution tools at their disposal.

Apartment dwellers, for example, can look to their lease or rental agreement, which usually guarantees peaceful enjoyment of a residence, and the landlord for protection against a neighbor’s annoying, unreasonable or illegal behavior.

Similarly, residents in homeowners associations often have a powerful resource in the board’s covenants, conditions and restrictions, or CC&Rs;, which are detailed rules about property maintenance, repairs and architectural standards adopted by the board and signed by each owner during the buying process.

Those who violate CC&Rs; can be subject to formal warnings, injunctions, fines or legal action by the board.

Even without powerful allies waiting at the curb, residents are protected by state statutes (www.leginfo.ca.gov) and local laws and ordinances (www.spl.org/selectedsites/municode.html), which are available online and through county law and public libraries.

The codes cover animal regulations, blighted property, building and safety issues, noise, weeds, zoning and other related topics.

Jordan said fence issues and boundary questions are common fodder for neighbor disputes. To avoid problems, know your boundaries. If you don’t, try to establish a clear boundary with your neighbor and legitimize the agreement in writing. Verbal agreements, she cautioned, often result in disagreements with subsequent owners.

According to Jordan, a safer route is to define boundary lines and have each neighbor sign a written agreement or quitclaim deed, which releases one neighbor’s interest in the other neighbor’s property.

Sometimes, Rapkin said, it is worth investing $400 to $500--preferably jointly financed--to conduct a land survey to determine the boundary before either resident installs a division that could result in a trespass lawsuit, monetary damages or the removal of the division.

If, however, your neighbor has already started to build on the property line, Jordan said, don’t wait until he is finished to state your case. Explain the situation and ask him to stop construction until you can define the boundary lines.

When the 23-year-old fence that bordered Steve Reich’s home needed replacing, the Valencia resident got quotes, found a builder and went door to door to get neighboring property owners to agree to pay for their share of a new slumpstone wall.

“In essence,� he said, “I became the project manager.�

To avoid getting stuck with the bill, Reich had the builder complete a separate contract for each of the five other homeowners along the common wall.

As for maintenance on an existing boundary, according to California Civil Code 841, no matter who built it, both neighbors are responsible for the upkeep unless one landowner’s property is not completely enclosed. If, however, that landowner later adds boundary walls and uses the existing division fence to completely enclose his land, he is responsible for paying the original owners a fair portion of the current value of the previously existing boundary.

But no matter how frustrating the issue, Bronson said, before heading to court, consider mediation. The process uses a trained mediator as a neutral voice to help both parties reach common ground.

“When you go to court, someone is going to say you’re right and you’re wrong--and nobody likes to be wrong, so the problem often festers,� Bronson said. “But the mediation process is an opportunity to be heard.�

From June 2000 to June 2001, L.A. County dispute resolution program agencies reportedly fielded 46,000 dispute calls and resolved 9,690 cases; of that number, 738 were neighbor disputes.

Although Rapkin said most cases are decided through private or professional mediation, some neighbors still want their day in court. Unfortunately, Rapkin said, being heard in a legal setting can cost in excess of $30,000.

A more practical solution is Small Claims Court, which allows plaintiffs to self-file and often skip the legal expense and delays associated with regular court. The damage award in Small Claims Court is limited to $5,000, but even with higher losses, Jordan said, some residents come out ahead.

Before filing in Small Claims Court, Jordan said, ask the clerk about any special procedures, watch similar cases before your hearing, bring documentation to support your claim (photographs, letters, police reports and copies of local ordinances), be succinct and know the law.

To approximate your damages, review receipts and statutes, and get written estimates. California Civil Code 3346, for example, allows a homeowner whose tree has been injured or removed to sue for triple damages.

When a specific statute does not apply, Jordan said, estimate your losses.

If you can’t use your backyard because you are afraid that your neighbor’s tree is going to fall on your children, base your damage amount on the daily worth of the use of your backyard--$50 or $100 per day, for instance.

Even when prepared, Jordan cautioned, neighbors don’t belong in court.

“No matter who wins or loses, you have to go back and live next door to each other,� Jordan said. “You can’t divorce your neighbor.�

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Alternatives to Waging Court Battles

Dispute resolution programs offer alternatives to court, such as mediation.

Many of these programs are free or provided at a minimal cost.

Here’s a sampling of area resources:

Center for Conflict Resolution: (626) 585-9729.

California Courts Self-Help Center: www.courtinfo.ca.gov/selfhelp.

Dispute Resolution Program of the Los Angeles City Attorney’s Office: (213) 485-8324.

Dispute Resolution Services of the Los Angeles County Bar Assn.: (213) 896-6533, www.lacba.org.

L.A. County Department of Community and Senior Services, Voluntary Mediation Services: (818) 901-3169.

L.A. County Department of Consumer Affairs, Dispute Settlement Service: (213) 974-0827.

Los Angeles Superior Court Alternative Dispute Resolution Program: (213) 974-5425, www.lasuperiorcourt.org.

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Michelle Hofmann is a Los Angeles freelance writer. She can be reached at [email protected].