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“Practical examples, explanations of legal
principles, and useful tips...”
LIBRARY JOURNAL
A HANDY
12th Edition
INFORMATION-PACKED
DESK REFERENCE
Nolo’s
Encyclopedia
of
Everyday
Law Answers to Your
Most Frequently Asked
Legal Questions
The Editors of Nolo
Legal Articles
Get informed with thousands of free articles on everyday legal
topics. Our articles are accurate, up to date, and reader friendly.
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Want to talk to a lawyer? Use Nolo to find a lawyer who can
help you with your case.
The Trusted Name
(but don’t take our word for it)
Nolo’s Encyclopedia
of Everyday Law
Answers to Your Most Frequently
Asked Legal Questions
This book covers only United States law, unless it specifically states otherwise.
Copyright © 1996, 1999, 2002, 2003, 2005, 2008, 2011, 2013, 2017, and 2020 by Nolo.
Copyright © 2023 by MH Sub I, LLC dba Nolo. All rights reserved. The NOLO trademark
is registered in the U.S. Patent and Trademark Office. Printed in the U.S.A.
No part of this publication may be reproduced, stored in a retrieval system, or transmitted in any
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Please note
Accurate, plain-English legal information can help you solve many of your own
legal problems. But this text is not a substitute for personalized advice from a
knowledgeable lawyer. If you want the help of a trained professional—and we’ll
always point out situations in which we think that’s a good idea—consult an
attorney licensed to practice in your state.
Table of Contents
1 Houses .........................................................................................................................................................3
Buying a House ........................................................................................................................................4
Selling Your House ...............................................................................................................................12
Deeds...........................................................................................................................................................17
2 Neighbors ................................................................................................................................................21
Boundaries............................................................................................................................................... 22
Fences......................................................................................................................................................... 23
Trees ............................................................................................................................................................ 25
Views .......................................................................................................................................................... 26
Noise ........................................................................................................................................................... 29
6 Patents ...................................................................................................................................................149
Qualifying for a Patent....................................................................................................................150
Obtaining a Patent............................................................................................................................156
Enforcing a Patent .............................................................................................................................157
Putting a Patent to Work ..............................................................................................................161
How Design Patents Differ From Copyrights and Trademarks ................................162
7 Copyrights ...........................................................................................................................................165
Copyright Basics .................................................................................................................................166
Copyright Ownership......................................................................................................................169
Copyright Protection.......................................................................................................................171
Copyright Registration and Enforcement ............................................................................ 174
8 Trademarks .........................................................................................................................................177
Types of Trademarks ........................................................................................................................178
Trademark Protection .....................................................................................................................181
Using and Enforcing a Trademark.............................................................................................184
Conducting a Trademark Search...............................................................................................187
Registering a Trademark ................................................................................................................189
How Trademarks Differ From Patents and Copyrights.................................................193
Glossary .........................................................................................................................................................455
Appendix
Legal Research ...................................................................................................................................477
Learning About a Particular Area of Law .............................................................................478
Finding a Specific Law .....................................................................................................................480
Finding Answers to Specific Legal Questions.....................................................................487
Finding Legal Forms .........................................................................................................................490
Index ..................................................................................................................................................................493
About Nolo’s Encyclopedia of Everyday Law
W
hether we like it or not, the Throughout each chapter, you’ll find
law touches our personal lives resources for additional information,
in many ways each day. We including websites that will help you learn
might not think much about the laws that more about a specific area of the law, find
affect us as we carry out simple tasks such the answer to your legal question, connect
as driving a car, making a call, or shopping. you with a government or community
But every now and again, we’re sure to need agency, or lead you to the form you need
an answer to a common legal question that to accomplish a specific legal task. And if
arises in the course of daily life: you need to go further, and read the text of
a specific law or court case, the appendix
What can I do about my noisy neighbor?
in this book explains how to do basic legal
What are my rights if I’m fired from my job? research online or at the library.
Do I really need to make a will? Think of this book as a desk reference
—a little encyclopedia that explains what
What should I do if I can’t pay the child
the law really means in a language you
support I owe?
can understand. But remember that the
And so on. law changes constantly, as legislatures
This book provides answers to frequently pass new statutes and courts hand down
asked questions about hundreds of subjects their rulings. We will publish new, revised
you might encounter in your personal editions of this book periodically, but it
life—topics that range from buying a house will never be perfectly current. It’s always
to getting a divorce, from paying your debts your responsibility to be sure a law is up to
to starting and running a small business. date before you rely on it. Check for legal
Obviously, we can’t answer every question updates on our website at www.nolo.com
on a particular subject, but we’ve answered for the most current legal information
many common ones to get you started. affecting Nolo books and software.
O
CHAPTER
Houses 1
Buying a House .............................................................................................................................................4
Selling Your House ................................................................................................................................... 12
Deeds ............................................................................................................................................................... 17
4 | NOLO’S ENCYCLOPEDIA OF EVERYDAY LAW
B
uying or selling a house is both aside after you stop paying rent. Then,
exciting and demanding. To when considering a particular house, total
do either successfully, you need up the estimated monthly loan payments
to understand how houses are priced, (including principal and interest) plus one-
financed, and inspected; how to find twelfth of your yearly bill for property and
and work with a real estate agent; how to homeowners’ insurance and other house-
protect your interests when negotiating a related costs like utilities and maintenance.
contract; and how legal transfer of owner- Now compare that to your monthly income.
ship takes place. This chapter covers many Lenders normally expect you to keep
of the basics for buyers, sellers, and owners. your overall debt (including for your
house) below 43% of your gross monthly
Buying a House income (before taxes).
It’s best to run the numbers yourself
Before you fall in love with a house, it’s before you talk to a bank or lender. Various
essential to determine how much you can online mortgage calculators, such as those
afford to pay and what your financing at www.nolo.com/legal-calculators, will
options are. You’ll also need to choose a help you get a realistic picture of your
good real estate agent or broker; decide budget.
whether to buy an existing, pre-owned Next, ask a lender or loan broker for
house or a newly built house; perhaps a preapproval letter saying that you will
consider alternative forms of ownership (subject to later review) be approved for a
(such as a condo or townhouse); and loan of a specified amount based on your
finally, even if you think you’ve found income and credit history.
your dream home, understand house Having lender preapproval makes you
inspections, and insure your new home more financially attractive to sellers than
against unforeseen problems. simple loan “prequalification” (which
CHAPTER 1 | HOUSES | 5
involves less scrutiny by the lender). It’s How can I find the best home loan or
crucial in competitive markets or where mortgage?
sellers are wary of accepting any offer that Banks, credit unions, savings and loans,
might not close successfully. insurance companies, mortgage bankers,
and others make home loans. Lenders and
How important is my credit history
terms change frequently as new companies
in getting loan approval?
appear, old ones merge, and market
Your credit history plays a vital role in conditions fluctuate. To get the best deal,
determining the type and amount of loan compare loans and fees from at least a half-
you can qualify for. Expect prospective dozen lenders.
lenders to request your credit score from Mortgage rate websites can be a great
the credit bureaus. This score is a statistical place to examine mortgage programs
summary of the information in your credit and crunch numbers. Many also offer
report, such as: direct access to loans from one or more
• your history of paying bills on time lenders. However, many customers prefer
• the level of your outstanding debts to complete their transaction with a “live”
• how long you’ve had credit lender or broker.
• your credit limit, and To avoid all the legwork involved in
• the types of credit you have. shopping for mortgages on your own,
The higher your credit score, the easier you can work with a loan broker who
it will be to get a loan. If your score is specializes in matching house buyers
low, a lender might either reject your loan with an appropriate mortgage lender.
application altogether or insist on a very (Check the broker’s qualifications
large down payment or high interest rate to carefully—not all are licensed.) Loan
lower the lender’s risk. brokers usually collect their fee from the
To avoid problems, always check your lender, not directly from you (though
credit report and clean up your file if it might be wrapped into what you
necessary—before, not after, you apply for ultimately pay).
a mortgage. For information on how to
order and clean up your credit report, see
Chapter 9.
6 | NOLO’S ENCYCLOPEDIA OF EVERYDAY LAW
What are alternative options for home loans? step with the interest rates in the economy.
You might also be eligible for a government- Initial ARM interest rates are usually
guaranteed loan, offered by: offered at a discounted (“teaser”) rate,
• the Federal Housing Administration which is lower than those for fixed rate
(FHA), an agency of the Department mortgages. Over time, however, initial
of Housing and Urban Development discounts are filtered out. To avoid constant
(HUD) (see www.hud.gov) and drastic changes, ARMs typically regu-
• the U.S. Department of Veterans late (cap) how much and how often the
Affairs (see www.va.gov/housing- interest rate and/or payments can change
assistance), or in a year and over the life of the loan.
• a state or local housing agency.
How do I decide between a fixed and
Government loans usually have low down- an adjustable rate mortgage?
payment requirements and sometimes offer
Because interest rates and mortgage options
better-than-market interest rates as well.
change often, your choice of a fixed or an
Also, ask banks and other private
adjustable rate mortgage should depend on
lenders about any “first-time buyer
their respective interest rates, how much
programs” that offer low down-payment
you can afford in the short term, your view
plans and flexible qualifying guidelines
of the future (high inflation tends to drive
to low- and moderate-income buyers with
ARM rates up and vice versa), and how
good credit.
willing you are to take a risk.
Finally, don’t forget private sources of
Risk-averse people usually choose the
mortgage money—parents, other relatives,
certainty of a fixed rate mortgage, even
friends, or even the seller of the house you
if an ARM might be cheaper in the long
want to buy. Borrowing money privately is
run. However, some people can’t afford
usually the most cost-efficient method of
the relatively higher interest rates at which
all, and can benefit everyone by keeping
fixed rate mortgages usually begin.
money within the family.
Keep in mind that if you take out a loan
What’s the difference between a fixed now, and several years from now interest
and an adjustable rate mortgage? rates have dropped but your home has
With a fixed rate mortgage, the interest retained its value, refinancing might be an
rate and the amount you pay each month option. But if the only way you can afford
remain the same over the entire mortgage your home over the long term given your
term, traditionally 15 or 30 years. expected income is to count on a refinance,
With an adjustable rate mortgage don’t take the risk—many others have
(ARM), the interest rate will fluctuate in done so and lost.
CHAPTER 1 | HOUSES | 7
What’s the best way to find and work price of the house (so 2.5%–3% per agent).
with a real estate agent or broker? What this means is that your agent or
Get recommendations from people who broker has a built-in conflict of interest:
have bought or sold a house in the past few Unless you’ve agreed to pay the agent
years and whose judgment you trust. Don’t separately (which few buyers do), there’s
work with an agent you meet at an open no payday until you buy a home, and the
house or see advertised unless and until more you pay for a house, the bigger the
you call references and thoroughly check agent’s cut.
the person out. (In fact, it’s best to line To offset this conflict, you need to
up an agent before visiting open houses, become knowledgeable about the house-
because if you arrive unaccompanied and buying process, your ideal affordable house
wish to make an offer, some listing agents and neighborhood, your financing needs
have been known to claim that they found and options, your legal rights, and how to
you first and are therefore owed the full evaluate comparable prices.
commission.)
What’s the best way to get
The agent or broker you choose should
information on homes for sale and
be in the full-time business of selling real details about the neighborhood?
estate and should have the following five
Most people begin their search online.
traits: integrity, business sophistication,
Virtual tours often include floor plans and
experience with the type of services you
room-by-room photographs.
need, knowledge of the area where you
Once you see a house that looks
want to live, and sensitivity to your tastes
promising, contact your agent, the listing
and needs.
agent, or the owner (if it’s a listing by
All states regulate and license real estate
a FSBO—for sale by owner) to obtain
agents and brokers. Many states also
additional information or to set up an
require the agent to be upfront about the
appointment to see the home.
exact nature of the relationship into which
Your state or regional realty association
you’re entering. You’re best off hiring an
or multiple listing service (MLS) should
agent who represents you and only you, as
have a website listing homes for sale. Major
opposed to also representing the seller as a
real estate companies, such as RE/MAX,
so-called “dual agent,” with mixed loyalties.
Coldwell Banker, Sotheby’s, Prudential, and
Typically, the seller pays the listing
others offer home listings on their websites.
agent’s commission, who then splits it with
Advice on relocation decisions and
the real estate salesperson who represents
details about your new community are also
the buyer. The total commission is a
readily available online.
percentage (usually 5%–6%) of the sales
8 | NOLO’S ENCYCLOPEDIA OF EVERYDAY LAW
deal with any issues that come up, such as How can I make sure that the house
major repairs or sudden damage that’s not I’m buying is in good shape?
covered by your insurance. In most states, you have the advantage
Deeds to houses in new developments of a law that requires sellers to disclose
almost always include restrictions—on considerable information about the
everything from the size of your dog to condition of the house on a standard,
the colors you can paint your house to the written form. (See “Selling Your House,”
type of front yard landscaping you can below.) Regardless of whether the seller
do to where and what types of vehicles provides these disclosures, however, you
you can park in your driveway or on the should have the property inspected for
street. Called “covenants, conditions, defects or malfunctions in the building’s
and restrictions” (CC&Rs), these put structure and components. Such inspections
decisionmaking rights in the hands of the are traditionally done after the buyer’s offer
HOA. Before buying, study the CC&Rs has been accepted but before the deal closes.
carefully to see if they’re compatible with Start by conducting your own informal
your lifestyle and plans. Many CC&Rs, inspection. To learn what to look for, see
for example, impose limits on renting out Nolo’s Essential Guide to Buying Your First
one’s property. Home, by Ilona Bray and Ann O’Connell.
If buying a resale home, check into the Ideally, you should take a close look at a
HOA’s finances, looking for issues like house on your own before making a formal
unpaid dues, debts, or pending lawsuits. If written offer to buy it, so that you can save
you don’t understand something, ask for yourself the trouble should you find serious
more information and seek legal advice if problems. (An
necessary. increasing number of people buy houses
It’s not easy to get out from under after an online search, sight unseen. Pro-
overly restrictive CC&Rs after you ceed carefully if you must do that!)
move in. You’ll likely have to submit an If a house passes your inspection, hire a
application (with fee) for a variance, get general contractor to check all major house
your neighbors’ permission, and possibly systems from top to bottom, including
go through a formal hearing. And if you the roof, plumbing, electrical and heating
want to make a structural change, such as systems, and drainage. This will take two
building a fence or adding a room, you’ll or three hours and cost you anywhere from
probably need formal permission from the $280 to $500 depending on the location,
association in addition to complying with size, age, and type of home. Accompany
city zoning rules. the inspector during the examination so
10 | NOLO’S ENCYCLOPEDIA OF EVERYDAY LAW
that you can learn more about the main- appraised for the amount you’re paying
tenance and preservation of the house and for it, or even that you successfully enter
get answers to questions, including which a contract to sell your existing house first.
problems are important and which are rela- Most of these are standard, and you’ll see
tively minor. The inspector should prepare them in the boilerplate portions of whatever
a detailed written report. purchase contract form is used in your area.
Depending on the property, you might Be aware, however, that the more
want to arrange specialized inspections for contingencies you ask for, the less likely
pest damage (your mortgage lender might the seller is to accept your offer or sign
require a pest inspection), hazards from the purchase agreement. See “Selling Your
floods, earthquakes, and other natural House,” below, for more on real estate offers.
disasters, and environmental health haz-
ards, such as asbestos, mold, and lead. When should I start looking for
homeowners’ insurance?
If the house is in good shape, you can
proceed knowing that you’re getting what A house might be your biggest asset, so
you paid for. If an inspector discovers you’ll want to fully insure it against damage
problems—such as an antiquated plumbing (by fire, wind, vandalism, earthquakes,
system or a major termite infestation—you floods, and mold, for example). A com-
can negotiate for the seller to pay for neces- prehensive homeowners’ insurance policy
sary repairs or lower the purchase price. should cover the replacement value of your
Finally, you can back out of the deal if an house and other structures, and partial
inspection turns up problems, assuming replacement of valuable items of personal
your purchase contract includes the stan- property like art and computers. But the
dard contingency allowing you to do so. standard “replacement cost coverage”
pays only a preset amount if your house
When making an offer to buy a is destroyed, so you’ll want to make sure
house, how do I avoid getting that’s really going to be enough to cover
trapped in an unworkable deal? your rebuilding costs.
Real estate contracts almost always contain You’ll want some liability coverage as
contingencies—events that must happen well, in case visitors to your property slip
within a certain amount of time (such as and fall or are otherwise injured.
15 days) in order to finalize the deal. For Start shopping for homeowners’ insur-
example, you might want to make your ance soon after your purchase agreement
offer contingent on your ability to qualify has been signed. Don’t put this off until
for financing on reasonable terms, the house escrow is about to close—finding a good
passing certain physical inspections, it being policy at a reasonable price can be hard.
CHAPTER 1 | HOUSES | 11
I want to save on the real estate How much should I ask for my house?
commission. Can I sell my house myself No matter how much you love your
without a real estate broker or agent?
house, or how much work you’ve put into
Normally, yes. This is called a “FSBO” it, you must objectively determine how
(pronounced “fizzbo”)—for sale by owner. much it will fetch on the market—called
You must, however, look into the legal “appraising” a house’s value. The most
rules that govern real estate transfers important appraisal factors are recent
in your state, such as who must sign sales prices of similar properties in the
the papers, who can conduct the actual neighborhood (called “comps”).
transaction, and what to do if and when Real estate agents have access to sales
disputes or other problems arise. You also data for the area and can give you a good
need to be aware of any state-mandated estimate of what your house should sell for.
disclosures as to the house’s physical Many agents will offer this service for free,
condition, local hazards, legal disputes, hoping that you will list your house with
and the like. (See the discussion below.) them. You can also hire a professional real
If you want to go it alone, be sure you estate appraiser to give you a documented
have the time, energy, and ability to handle opinion as to your house’s value.
all the details—from setting a realistic A number of websites also offer detailed
price to negotiating offers to closing the comparable sales prices, though the
deal. Also, be aware that FSBOs are usually information isn’t always as recent as you
more feasible in hot or sellers’ markets, might need. Be especially wary of estimates
where there’s more competition for homes, generated by websites, as discussed below.
or when you’re not in a hurry to sell. The asking prices of houses still on
Be aware that you might not be able to the market can also provide guidance
save the whole 5%–6%. For example, a (adjusting for the fact that asking prices
buyer who is represented by an agent might are set strategically to bring in visitors
approach you and agree to complete the and bids, and can vary greatly from the
transaction only if you pay the commission ultimate selling price).
for the buyer’s agent. (Traditionally, that’s
one-half of the total 5%–6%.)
14 | NOLO’S ENCYCLOPEDIA OF EVERYDAY LAW
Check with your real estate broker or It occurs after both you and the buyer have
attorney, or your state department of real met all the terms of the contract and the
estate, for disclosures required in your state deed is recorded. (See “Deeds,” below).
and any special forms you must use. Closing also refers to the time when the
transfer will occur, such as “The closing
What are home warranties, and should on my house will happen on January 27
I purchase one for the buyer?
at 10:00 a.m.” Although closings formerly
Home warranties are service contracts required an in-person meeting, most of the
that cover major housing appliances steps can now be undertaken online, except
and systems—electrical wiring, built-in that some documents will need to be signed
refrigerators or dishwashers, heating, in the presence of a real live notary public.
plumbing, and the like—for one year
from the date the house is sold. (But they Do I need an attorney for the house closing?
don’t cover basic structural components This depends on state law and local custom.
like the roof, windows, or foundation.) In some states, attorneys are not typically
Most warranties cost $350 to $600 and involved in residential property sales,
are renewable. If something goes wrong and an escrow or title company handles
with any of the covered systems after the the entire closing process. In many other
sale closes, the repairs are paid for (minus states, particularly in the eastern part of the
a modest service fee)—and the new buyer country, attorneys have a more active role
saves money. Many sellers find that adding in all parts of the house transaction; they
a home warranty to the deal makes their handle most or all of the details of offer
house more attractive and easier to sell. contracts and house closings. Check with
Before buying a home warranty, be sure your state department of real estate or your
you don’t duplicate coverage. You don’t real estate broker for advice and local rules.
need a warranty for the heating system, for
example, if your furnace is just six months I’m selling my house and buying
old and still covered by the manufacturer’s another. What are some of the most
important tax considerations?
three-year warranty.
Your real estate agent or broker can If you sell your home, you may exclude up
provide more information on home to $250,000 of your profit (capital gain)
warranties. from tax. For married couples filing jointly,
the exclusion is $500,000. (Unmarried
What is the “house closing”? co-owners may also divide the profit and
The house closing is the final transfer of each take a $250,000 exclusion.)
ownership from the seller to the buyer.
CHAPTER 1 | HOUSES | 17
property and pay the lender back from the does not take effect until the current
proceeds, without first going to court. owner’s death.
After you’ve signed the deed, you must
What’s a transfer-on-death deed? record it with the local county land records
A transfer-on-death (TOD) deed (called a office before your death. Otherwise, it
“beneficiary deed” or “transfer-on-death won’t be valid. You can revoke the TOD
instrument” in some states) lets you name deed at any time.
a beneficiary to inherit real estate at your These deeds are not allowed in all states.
death, without the need for probate court Nolo’s online form, Transfer-on-Death
proceedings. A TOD deed looks a lot like (Beneficiary) Deed, can help you create
any other real estate deed but contains a one that’s valid in your state, if allowed
statement making it clear that the deed there.
O
CHAPTER
Neighbors 2
Boundaries....................................................................................................................................................22
Fences ..............................................................................................................................................................23
Trees..................................................................................................................................................................25
Views ................................................................................................................................................................26
Noise .................................................................................................................................................................29
22 | NOLO’S ENCYCLOPEDIA OF EVERYDAY LAW
Y
ears ago, problems between neigh- about where we want the boundary to be?
bors were resolved informally,
You and the neighbor can decide where
perhaps with the help of a third
you want the line to be, and then sign
person respected by both sides. These days,
deeds that describe the boundary. If
neighbors—who might not know each
you have a mortgage on the property,
other well, if at all—are quicker to call the
consult an attorney for help in drawing
police or head for court. Usually, of course,
up the deeds. You might need to get the
lawsuits only cost everyone money and
permission of the mortgage holder before
exacerbate bad feelings, which makes it even
you give your neighbor even a tiny piece
harder for neighbors to coexist peacefully.
of the land.
But knowing the legal ground rules is
Once you have signed a deed, you
important; it can help you figure out who’s
should record (file) it at the county land
right, who’s wrong, and what your options
records office, usually called the county
are—without having to call in a judge.
recorder’s office, land registry office, or
something similar. Deeds are discussed in
Boundaries more detail in Chapter 1.
considered a fence. When natural fences by, it probably doesn’t violate any law
are specifically mentioned in the laws, the just because it’s ugly. Occasionally,
height restrictions commonly range from however, a town or subdivision allows
five to eight feet. only certain types of new fences—such
If, however, you have a good reason (for as board fences—in an attempt to create
example, you need to screen your house a harmonious architectural look. Some
from a noisy or unsightly neighboring use, towns also prohibit certain materials—
such as a gas station), you can ask the city for example, electrically charged or barbed
for a onetime exception to the fence law, wire fences.
called a “variance.” Talk to the neighbors Even without such a specific law, if a
before you make your request, to explain fence is so poorly constructed that it is an
your problem and get them on your side. eyesore or a danger, it might be prohibited
by another law, such as a blighted property
My neighbor is building a fence that ordinance. And if the fence was erected just
violates the local fence law, but nothing’s
for meanness—it’s high, ugly, and has no
happening. How can I enforce the law?
reasonable use to the owner—it could be
Cities are not in the business of sending considered a “spite fence,” which means you
around fence inspection teams, and as long can sue the neighbor to get it torn down.
as no one complains, a nonconforming
fence may stand forever. The fence on the line between my
Tell the neighbor about the law as soon land and my neighbor’s is in bad
as possible. If the fence is still being built, shape. Can I fix it or tear it down?
your neighbor might be able to modify it Unless the property owners agree
at a low cost. If the neighbor suggests that otherwise, fences on a boundary line
you mind your own business, you can alert belong to both owners as long as both
the city. All it takes in most circumstances are using the fence. Both owners are
is a phone call to the planning or zoning responsible for keeping the fence in good
department or the city attorney’s office. If repair, and neither may remove it without
the neighbor refuses to conform, the city the other’s permission.
can issue a citation, impose a fine, and A few states impose harsh penalties
even sue. on neighbors who refuse to chip in for
maintenance after a reasonable request
My neighbor’s fence is hideous. from the other owner.
Can I do anything about it?
Of course, it’s rare that a landowner
As long as a fence doesn’t pose a threat needs to resort to a lawsuit. Your first step
of harm to neighbors or those passing should be to talk to the neighbor about
CHAPTER 2 | NEIGHBORS | 25
how to tackle the problem. Your neighbor Most of a big oak tree hangs over my
will probably be delighted that you’re yard, but the trunk is on the neighbor’s
taking the initiative to fix the fence. When property. Who owns the tree?
you and your neighbor agree on how to Your neighbor. It is accepted law in all states
deal with the fence and how much you’ll that a tree whose trunk stands wholly on
each contribute to the labor and material the land of one person belongs to that person.
costs, put your agreement in writing. You If the trunk stands partly on the land of
don’t have to make a complicated contract. two or more people, it is called a “bound-
Just note the specifics of your agreement ary tree,” and in most cases it belongs to all
and sign your names. the property owners. All the owners are
responsible for caring for the tree, and
one co-owner may not remove a healthy
Trees boundary tree without the other owners’
permission.
Woodman, spare that tree!
Touch not a single bough! My neighbor dug up his yard, and in
In youth it sheltered me, the process killed a tree that’s just
And I’ll protect it now. on my side of the property line. Am I
entitled to compensation for the tree?
—George Pope Morris
Yes. The basic rule is that someone who
cuts down, removes, or hurts a tree
We human beings exhibit complicated,
without permission owes the tree’s owner
often conflicting, emotions about trees.
money to compensate for the harm done.
We take ownership of our trees and their
You can sue to enforce that right—but you
protection very seriously in this country, and
probably won’t have to, once you tell your
this is reflected in the law.
neighbor what the law is.
Can I trim the branches of the neighbor’s
tree that hang over my yard?
Deliberately Harming a Tree
You have the legal right to trim tree
branches up to the property line. But you In almost every state, a person who
may not go onto the neighbor’s property or intentionally injures someone else’s tree is
destroy the tree itself. liable to the owner for two or three times
the amount of actual monetary loss. These
penalties protect tree owners by providing
harsh deterrents to would-be loggers.
26 | NOLO’S ENCYCLOPEDIA OF EVERYDAY LAW
The laws don’t cover buildings or other example, a rule might state that trees can’t
structures that block views. obstruct the view from another lot, or
The ordinances allow someone who might simply limit tree height to 15 feet.
has lost a view to sue the tree owner for
a court order requiring the tree owner to
How to Approach a View Problem
restore the view. A neighbor who wants
to sue must first approach the tree owner Before you approach the owner of a tree
and request that the tree be cut back. The that has grown to block your view, answer
complaining person usually bears the cost these questions:
of trimming or topping, unless the tree • Does the tree affect the view of
was planted after the law became effective other neighbors? If it does, get them
or the owner refuses to cooperate. to approach the tree owner with
Some view ordinances contain extensive you. You could all pitch in to cover
limitations that take away much of their trimming costs.
power. Some examples: • Which part of the tree is causing
• Certain species of trees might be view problems for you—one limb,
exempt, especially if they grew the top, or one side?
naturally. • What is the least destructive action
• A neighbor might be allowed to com- that could be taken to restore your
plain only if the tree is within a certain view? Maybe the owner will agree to
distance from the neighbor’s property. a limited and careful pruning.
• Trees on city property might be • How much will the trimming cost?
exempt. Be ready to pay for it. Remember
that every day you wait and grumble
I live in a subdivision with a
is a day for the tree to grow and for
homeowners’ association. Will that
the job to become more expensive.
help me in a view dispute?
The loss of your personal enjoyment
Often, residents of subdivisions and is probably worth more than the
planned unit developments are subject to trimming cost, not to mention the
a detailed set of rules called “covenants, devaluation of your property (which
conditions, and restrictions” (CC&Rs). can be thousands of dollars).
They regulate most matters that could
concern a neighbor, including views. For
28 | NOLO’S ENCYCLOPEDIA OF EVERYDAY LAW
to quiet the neighbor. Standard rental My neighbor’s dog barks all the time,
and lease agreements contain a clause and it’s really annoying. What can I do?
entitled “Quiet Enjoyment.” This clause Usually, problems with barking dogs can
gives tenants the right to occupy their be resolved without resorting to police
apartments in peace, and also imposes or courts. If you do eventually wind up
upon them the responsibility not to disturb in court, however, a judge will be more
their neighbors. It’s the landlord’s job to sympathetic if you made at least some
enforce both sides of this bargain. effort to work things out first. Here are the
If the neighbor’s stereo is keeping you steps to take when you’re losing patience
up every night, the tenants are probably (or sleep) over a neighbor’s noisy dog:
violating the rental agreement, and could 1. Ask your neighbor to keep the dog quiet.
be evicted. Especially if several neighbors Sometimes owners are blissfully unaware
complain, the landlord will probably that there’s a problem. If the dog yaps
order the tenant to comply with the lease for hours every day—but only when it’s
or face eviction. For more information left alone—the owner might not know
about tenant rights and responsibilities, that the barking is happening.
see Chapter 3. If you can establish some rapport
with the neighbor, try to agree on specific
Tips for Handling a Noise Problem actions to alleviate the problem: for
example, that your neighbor will take
• Know the law and stay within it. the dog to obedience school, get the dog
• Be reasonably tolerant of your neighbors. a citronella collar to prevent barking, or
• Communicate with your neighbors— consult with an animal behavior specialist,
both the one causing the problem and or that the dog will be kept inside after 10
the others affected by it. p.m. After you agree on a plan, set a date
• Try mediation before taking more to talk again in a couple of weeks.
aggressive steps. 2. Try mediation. Mediators, both profes-
• Assert your rights. sionals and volunteers, are trained to
• Ask the police for help when it is listen to both sides, identify problems,
appropriate. keep everyone focused on the real issues,
• Use the courts when necessary. and suggest compromises. A mediator
won’t make a decision for you but will
help you and your neighbor agree on a
resolution.
CHAPTER 2 | NEIGHBORS | 31
Many cities have community mediation see the “Legal Research” appendix.
groups that train volunteers to mediate You can run a search online; most
disputes in their own neighborhoods. You cities maintain online libraries of their
can ask for a referral from: municipal codes and ordinances.
• the small claims court clerk’s office 4. Ask animal control authorities to enforce
• the police local noise laws. Be persistent. Some cities
• the local district attorney’s office— have special programs to handle dog
the consumer complaint division, complaints.
if there is one 5. Call the police if you think a criminal law
• radio or television stations that offer is being violated. Generally, police aren’t
help with consumer problems, or too interested in barking dog problems.
• a state or local bar association. And summoning a police cruiser to
For more information on mediation, a neighbor’s house obviously will not
see Chapter 16. improve your already-strained relations.
3. Look up the law. In some places, barking But if nothing else works, and the
dogs are covered by a specific state or relationship with your neighbor is shot
local ordinance. If there’s no law aimed anyway, give the police a try.
specifically at dogs, a general nuisance
or noise ordinance makes the owner My neighbor just started giving piano
lessons at her home—loud lessons,
responsible. Local law might forbid
starting at 7 a.m. on weekends.
loud noise after 10 p.m., for example, or
What can I do about this?
prohibit any “unreasonable” noise. And
someone who allows a dog to bark after First, figure out whether your neighbor
numerous warnings from police may be is breaking any laws. Check your local
arrested for disturbing the peace. zoning law to find out whether your
To find out what the law is where neighborhood is zoned for residential use
you live, call the local animal control only—if so, your neighbor might be in
agency or city attorney. Or go to a law violation for running a private business
library and check the state statutes and out of her home. Next, find out whether
city or county ordinances yourself. your neighborhood imposes “quiet hours,”
Look in the index under “noise,” during which neighbors can’t make
“dogs,” “animals,” or “nuisance.” For excessive noise. Typically, quiet is enforced
more information on how to do this, until at least 8 a.m. on weekends.
32 | NOLO’S ENCYCLOPEDIA OF EVERYDAY LAW
Once you know your rights, talk to the to local authorities (such as the zoning
other folks on your block (and perhaps board, if your neighbor is violating the
those who live behind your noisy neighbor). zoning laws, or the police if your neighbor
Are others also bothered by the noise? If is breaking a noise ordinance) or take your
so, approach the piano teacher as a group. neighbor to court.
Explain the problem and present possible
solutions. For example, perhaps your
neighbor can soundproof her practice room RESOURCE
and agree to hold her first lesson of the day For more about dealing with
at 9 a.m. neighbors, see Neighbor Law: Fences, Trees,
If your neighbor is breaking the law, Boundaries & Noise, by Emily Doskow and
make that clear—but also emphasize that Lina Guillen (Nolo). Explains laws that affect
you have not yet spoken to the police or neighbors and shows how to resolve common
any other local authority, and that you’d disputes without lawsuits.
like to work the problem out informally.
Don’t let yourself get pushed around,
however—if your neighbor refuses to be ONLINE HELP
reasonable, explain that you know your The following sites are good resources
legal rights and are prepared to enforce for dealing with neighbors:
them. And remember, even if your neighbor • www.nolo.com Information about a wide
isn’t violating a particular zoning or variety of legal topics, including neighbor
noise regulation, she might be creating a law disputes, from trees and noise to
nuisance. secondhand smoke and easements.
If your neighbor agrees to your proposed • www.statelocalgov.net Comprehensive
solution, great. If not, you might try to index of websites for states, counties,
solve the problem through neighborhood cities, and towns. Check here first for
mediation. (For information about the local laws that are so important in
mediation, see Chapter 16.) If all efforts at neighbor disputes.
compromise fail, you can either complain • www.amlegal.com American Legal
Publishing Corporation maintains a free
online library of local municipal codes.
O
CHAPTER
F
ifty years ago, custom, not law,
controlled how most landlords and • the number of people who can live
tenants interacted with each other. on the rental property
This is no longer true. Today, whether • who pays for utilities
you focus on leases and rental agreements; • whether the tenant may have pets
habitability; discrimination; the amount, • the landlord’s access to the rental
use, and return of security deposits; how property
and when a landlord may enter a rental • grounds for termination, and
unit; or a dozen other issues, both landlord • who pays attorneys’ fees if there
and tenant must understand their legal is a lawsuit over the meaning or
rights and responsibilities. implementation of the agreement.
Here’s an overview of the key legal issues While a thorough rental document
affecting landlords and tenants. Because will cover these issues, both landlords and
landlord-tenant laws vary significantly tenants are also bound by federal, state,
depending on where you live, you’ll need to and sometimes local laws, which don’t have
check your state and local laws for specifics. to be reproduced in the rental document.
The Nolo resources listed at the end of Leases and rental agreements should
this chapter provide the detailed legal always be in writing, even though oral
information landlords and tenants need, agreements are enforceable for up to one
including state statutes on security deposits, year in most states. Though oral agreements
late rent fees, repairs, and evictions. can be easy and informal, they often lead to
disputes if people misremember (or deny)
what was agreed to. The result can be a
Leases and Rental Agreements court argument over who said what to
whom, when, and in what context.
Your lease or month-to-month rental
agreement is the contract that describes What’s the difference between a
many important aspects of the landlord- rental agreement and a lease?
tenant relationship. The biggest difference is the length of
occupancy. A rental agreement provides
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CAPITOLO CLXXIX.
Buonaparte ordinatore. Rimpasto di paesi.
Concordato. Pace di Presburgo. Regno d’Italia.