The Expert Podcast

…One of the biggest sources of conflict that we see has to do with neighbors and neighborhoods. And this could be anything from property lines to usage to noise to fences. Why does this happen Well, Usually you think of disputes having to do with domestic or relationship family law cases divorce right. Separations child support. Well, what's the closest long-term relationship you have besides your family It's your neighbors right?

Your family has only different because they're inside your four walls where the neighbor is just outside your four walls. that can create a lot of conflict over time. Look. A person that you don't know that does something annoying You don't know it because you don't see them every day If somebody at the grocery store you run into I choose gum too loud. It's not going to bother you because in five minutes you're going to be.

Away from them, your neighbor However, if they have some habits that they do you don't like or they have an old junky car in their yard or their fence is falling down. Or maybe their dog barks too much or whatever the problem is with your neighbor or you just don't like them. You have to be exposed to that every single day of your life. And after a month years in may add up and may wear on you. So this is where conflicts come up.

Many times these turn into lawsuits. Right over property lines, over usage over junk cars or boat in the backyard, or somebody build a tree house that's too high. Mediation is something that intervenes with these conflicts And in fact, it's one of the areas of conflict that mediation can have the biggest effect because usually it's not over some major large sum of money that has to be negotiated. Most lawsuits I…

have to do with a claim. Against a person for money. If you lose on a. Contract. If you lose out on a.

a business deal that's money That's easy to decide. Is it 50,000 or 60,000 right. It's negotiable. Usually. Neighborhood or neighbor disputes have to do with something less tangible, how talking to make my fence What is the HOA say?

That's a lot more. Vulnerable to being mediated because the mediator can separate out the emotions separate out the built up. frustration and create a resolution that serves both parties. And here's an example This article talks about an attorney who represents plaintiffs and insurance disputes.

He's been in plenty of legal battles but none prepared him for the acrimony or bad faith. That happened when his neighbor put a fence across…a shared driveway. Right. All bets are off. Gloves are off.

You know, fists her up. So, what do you do? Well first thing you want to do is make sure that you understand the logic of the claim. Who's right Who's wrong What does the law say? What is the HOA say?

There's usually a gray area. That's why the other person's doing it. Sometimes there's not a gray area We saw a case.

a few years ago where somebody was building a fence on their property. The other neighbor didn't like the looks of the fence So they were throwing paint They were, you know throwing they're putting their hose on it putting mulch doing all kinds of stuff to try to block the fence. And even putting up. Police tape to try to keep them from doing it. The last two years have made this problem worse with the pandemic We're home more now than we used to be So we're exposed.

to whatever the problem is More plus real estate has gone up in value where people don't want to move I used to be that if yeah you lived in a bad neighborhood or a place where you had problems you could move. Now it's harder to move because there's less houses for sale Interest rates are too high and there may not be a reason to cause you're not changing your job. It creates more of a pressure cooker environment. And these cases are exploding. More of our mediation cases have to do with neighbor disputes…

increasing than any other type of case. You may be involved with one or close to involve with one Look your home is your castle where you look outside your windows and your four walls. That's your environment, much of what you look at our other people's houses. And if there's something about their activity that you don't like it can create.

source of anxiety for you or a source of anger for you. You want to make sure you deal with that the right way Get good legal advice if you need it. And. Consider getting a third party neutral unbiased, person to try to separate out the emotion, bring everybody back to reality and come up with an answer that solves everyone's problems.