Common Legal Remedies For Neighbor Disputes

1. Introduction

Neighbor disputes are sometimes unavailable. What follows is a list of the most common causes of action and remedies sought in a lawsuit.


2. Nuisance

Definition: Nuisance can be public, private, or both. It involves any activity that unlawfully obstructs or interferes with the use and enjoyment of property.

Case Law: The document cites several cases that help define nuisance in California, emphasizing that nuisance must involve unreasonable, unwarranted, or unlawful actions that impact others’ property rights.

Permanent vs. Continuing Nuisance: It explains the distinction, noting that permanent nuisances are fixed and generally require a single lawsuit for all damages. Continuing nuisances, which can be abated, allow for successive lawsuits until the nuisance is addressed.


3. Attractive Nuisance

This doctrine applies primarily when children are injured by dangerous conditions on someone else’s property.

Elements: Key considerations include the likelihood of children trespassing, the risk posed by the condition, and whether children can appreciate the danger. The property owner’s duty to mitigate such risks is also discussed.


4. Trespass

Definition: Trespass is defined as an unauthorized entry onto someone else’s property. It can involve physical entry or indirect intrusion through materials or substances.

Permanent vs. Continuing Trespass: Similar to nuisance, trespass can also be classified as permanent or continuing based on whether the intrusion is abatable.

Intangible Intrusions: The document details how non-physical invasions, such as noise or vibrations, may qualify as trespass if they result in tangible harm.


5. Intentional Infliction of Emotional Distress (IIED)

Definition: IIED is based on extreme and outrageous conduct intended to cause, or recklessly causing, severe emotional distress.

Elements: For an IIED claim to be successful, the conduct must exceed societal norms of decency. The plaintiff must prove that the distress was severe, with additional compensation possible for medical expenses, lost wages, and other special damages.

Case Law: Notably, California case law often restricts IIED claims in neighbor disputes unless the behavior is exceptionally egregious.


6. Civil Harassment

This section outlines remedies available to those experiencing harassment, including temporary restraining orders and injunctions.

Harassment Defined: Harassment is defined by a pattern of willful conduct that seriously alarms or harasses another without legitimate purpose. The document provides examples from case law illustrating the types of behavior that might constitute harassment.

Attorney Fees: The statute allows for the recovery of attorney fees by the prevailing party in civil harassment cases.


7. Slander of Title

Definition: Slander of title involves making false statements that disparage someone’s property rights, resulting in financial harm.

Differences from Defamation: While both slander of title and defamation involve false statements, the former focuses on property rights rather than personal reputation. The document clarifies that only property-related claims qualify under slander of title.

Privileges and Defenses: Absolute and conditional privileges can protect against slander of title claims, especially when statements are made in judicial or legislative settings.


8. Additional Causes of Action

Negligence: Discusses general principles of negligence, such as duty, breach, causation, and damages, with emphasis on property-related disputes.

Quiet Title: This action aims to establish ownership and resolve disputes over property titles. The document explains procedural aspects and the need for clear, unclouded ownership.

Covenants, Conditions, and Restrictions (CC&Rs) Violations: Pertains to disputes involving homeowners’ associations and community rules, highlighting the enforceability and limitations of CC&Rs.

Adverse Possession: Defines the requirements for a successful adverse possession claim, including open and notorious use, continuous possession, and payment of property taxes.

Zoning and Code Violations: Discusses legal remedies for neighbors impacted by violations of zoning or building codes, which may include injunctive relief or civil penalties.


9. Attorney Fees and Remedies

The document also delves into the recoverability of attorney fees across different types of claims, noting that fees are generally recoverable only when explicitly authorized by statute or contract.

Damages: It elaborates on various forms of compensatory and punitive damages, along with specific considerations for each type of claim.