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You could not be signed in, please check and try again. Sign in with your library card Please enter your library card number. Who then in Law is my Neighbour? If you think you should have access to this title, please contact your librarian. All rights reserved. Powered by: Safari Books Online. You cannot go onto your neighbor's property or destroy the tree.
The reverse case is also true. Negligence means you did not take reasonable care or you were warned or knew the tree was damaged or diseased and may fall. Whether you will be liable for any damages depends on the facts of the case, but normally the courts will not allow use of a property that causes substantial discomfort to others or damages their property.
Does the smoke come from a tenant? If so, does the lease prohibit smoking? If not, you still have the right to quiet enjoyment of your property, and the smoke may violate that right or be a nuisance under common law.
You can speak to a lawyer if you want to sue because of second-hand smoke. Normally, a neighbour is not responsible for damage caused by the natural conditions of land. But if a neighbour changes their property and the change causes more rainwater to run onto your property than before and causes damage, your neighbour may be financially liable to you.
Similarly, your neighbour may be liable if they are negligent. An example of negligence could include leaving a sprinkler running too long, so that it flooded your property and caused damage. If a neighbour comes onto your property without your permission, they are trespassing. If they refuse to leave when asked, you can call the police. If a neighbour builds a fence or other structure, such as a shed, that encroaches on goes onto your property, this is also a form of trespass.
Often the encroachment is unintentional and can be resolved by getting a land survey. If you have spoken with your neighbour about the matter and have had a survey showing that the structure is encroaching, you can sue your neighbour for trespass. If you are unable to resolve the matter directly with your neighbour, you could consider mediation.
This involves you and your neighbour meeting with a mediator, who works to help you reach an agreement. Mediation is much less expensive and quicker than taking legal action, and can help preserve a good neighbourly relationship. You can search for a mediator based on the community you live in and the type of problem you have.
If your neighbour creates noise disturbances. If your neighbour keeps untidy premises. If your neighbour owns dogs.
If your neighbour builds a fence. If your neighbour has trees or hedges on their property. If your neighbour is a smoker. If your property suffers water damage. If your neighbour comes onto your property without your permission.
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