Real Estate

4.44

Neighbor Boundary Disputes: Trees, Fences, Noise, and More

Credits Available
Credit Status Total
Alaska CLE Approved 6 Total
Alabama CLE Approved 6 Total
Arkansas CLE Approved 6 Total
Arizona CLE Approved 6 Total
California CLE Approved 6 Total
Colorado CLE Approved 7 Total
Connecticut CLE Approved 6 Total
Delaware CLE Approved 6 Total
Georgia CLE Approved 6 Total
Hawaii CLE Approved 6 Total
Idaho CLE Approved 6 Total
Illinois CLE Approved 6 Total
Maine CLE Approved 6 Total
Minnesota CLE Approved 6 Total
Missouri CLE Approved 6 Total
Northern Mariana Islands CLE Approved 6 Total
Montana CLE Approved 6 Total
North Dakota CLE Approved 6 Total
Nebraska CLE Approved 6 Total
New Hampshire CLE Approved 6 Total
New Mexico CLE Approved 6 Total
Nevada CLE Approved 6 Total
New York CLE Approved 7 Total
Ohio CLE Approved 6 Total
Oklahoma CLE Approved 7 Total
Oregon CLE Approved 6 Total
Pennsylvania CLE Approved 6 Total
South Carolina CLE Approved 6 Total
Tennessee CLE Approved 6 Total
Utah CLE Approved 6 Total
Vermont CLE Approved 6 Total
Washington CLE Approved 6 Total
Wisconsin CLE Approved 7 Total
West Virginia CLE Approved 7.2 Total
OnDemand
5 hours 56 minutes
M.B. Adelson
With M.B. Adelson IV
Recorded November 22, 2024
Product ID 98469

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Overview

Practical Guidance on Resolving Heated Boundary Disputes

Issues with fences, trees on property lines, easements . . . boundary problems and property-line disagreements are common between neighbors. Sometimes landowners can resolve these matters on their own, but all too often they evolve into bitter and expensive disputes that require legal counsel. Do you know how to work out a sound solution that protects your client's rights and investment? This comprehensive guide to neighbor disputes will provide you with strategies you can immediately use to resolve your first or next boundary case. Register today!

  • Determine the legal basis for disputes over spite fences, blocked views, property line encroachments, and more.
  • Understand the different causes of action and the elements that must be proved.
  • Find out how to detangle land surveys, legal descriptions, and other boundary evidence.
  • Use practical out-of-court solutions to save clients money and preserve their relationship with neighbors.
  • Learn how to successfully guide a boundary case through litigation when negotiations fail.

Abbreviated Agenda

  1. Proving the Legal Basis of Neighbor Disputes: Common Law, Statutory Law, Etc.
  2. Key Causes of Action Elements in Neighbor Disputes
  3. Is There a Dispute? Evaluating the Evidence
  4. Strategies for Resolving Neighbor Disputes Outside of Court
  5. Litigating Neighbor Boundary Disputes
  6. Ethical Considerations

Related Topics

Product ID 98469

Credit Details

Credits Available
Credit Status Total
Alaska CLE Approved 6 Total
Alabama CLE Approved 6 Total
Arkansas CLE Approved 6 Total
Arizona CLE Approved 6 Total
California CLE Approved 6 Total
Colorado CLE Approved 7 Total
Connecticut CLE Approved 6 Total
Delaware CLE Approved 6 Total
Georgia CLE Approved 6 Total
Hawaii CLE Approved 6 Total
Idaho CLE Approved 6 Total
Illinois CLE Approved 6 Total
Maine CLE Approved 6 Total
Minnesota CLE Approved 6 Total
Missouri CLE Approved 6 Total
Northern Mariana Islands CLE Approved 6 Total
Montana CLE Approved 6 Total
North Dakota CLE Approved 6 Total
Nebraska CLE Approved 6 Total
New Hampshire CLE Approved 6 Total
New Mexico CLE Approved 6 Total
Nevada CLE Approved 6 Total
New York CLE Approved 7 Total
Ohio CLE Approved 6 Total
Oklahoma CLE Approved 7 Total
Oregon CLE Approved 6 Total
Pennsylvania CLE Approved 6 Total
South Carolina CLE Approved 6 Total
Tennessee CLE Approved 6 Total
Utah CLE Approved 6 Total
Vermont CLE Approved 6 Total
Washington CLE Approved 6 Total
Wisconsin CLE Approved 7 Total
West Virginia CLE Approved 7.2 Total
Select Jurisdiction
CLE

Agenda

All times are shown in

  1. Proving the Legal Basis of Neighbor Disputes: Common Law, Statutory Law, Etc.

    1. Unwanted Noise, Light, and Blight
    2. Disputed Property Lines
    3. Encroachments: Buildings, Fences, Roof Overhangs, Retaining Walls, Etc.
    4. Blocked Views
    5. Spite Fences
    6. Trees on Property Lines: Potential and Actual Damage, Pruning, and Other Issues
    7. Drainage and Other Water Damage/Contamination Issues
    8. Earth Movement
    9. Easement Issues: Ingress, Egress, Trespass, and Encroachment

  2. Key Causes of Action Elements in Neighbor Disputes

    1. Nuisance or Abatement Actions
    2. Easements: Implied, Prescriptive, Equitable, Etc.
    3. Negligence
    4. Trespass
    5. Regulatory Non-Compliance and Code Violations
    6. Boundary by Acquiescence
    7. Adverse Possession
    8. Quiet Title Actions
    9. Curative Deeds and Boundary Agreements

  3. Is There a Dispute? Evaluating the Evidence

    1. Reviewing Ownership Documents
    2. Obtaining Plans and Permits
    3. Reading Land Surveys and Legal Descriptions
    4. Getting Tax Records
    5. Analyzing the Historical Record

  4. Strategies for Resolving Neighbor Disputes Outside of Court

    1. Reviewing Pre-Existing Encroachment Agreements
    2. Creating New Encroachment Agreements
    3. Identifying Implied Rights to Continue and Maintain Encroachment
    4. Entering Into Settlement Agreements
    5. Using Police Complaints Wisely
    6. Complaining to Government Agencies
    7. Negotiating Lot Line Adjustments
    8. Engaging in Mediation

  5. Litigating Neighbor Boundary Disputes

    1. Initiating Proceedings: Lis Pendens, Etc.
    2. Using Restraining Orders
    3. Obtaining Injunctions
    4. Pursuing Declaratory Judgements
    5. Using Surveyors and Other Experts

  6. Ethical Considerations

    1. Attorney's Fees
    2. Conflicts of Interest
    3. Pro Se Litigants
    4. Terminating Representation

Who Should Attend

This comprehensive guide to resolving neighbor disputes is for attorneys. Paralegals may also find it useful.

Speakers

M.B. Adelson IV
M.B.
Adelson, IV
Speaker bio
M.B. Adelson IV

M.B. Adelson, IV

M.B. Adelson

, LL.M., is the managing member of the Law Offices of M.B. Adelson IV, P.A. in Tallahassee, Florida. He practices throughout Florida and consults nationwide on property and property rights law, natural resources (especially water) and environmental law; property title and boundary issues, easements, shoreline property rights and submerged lands; public lands, resource conservation, agriculture, protected species; fisheries resources; boat ramps, docks, marinas, and waterway access; local, state and federal regulatory agency licensing, permitting, compliance, and remediation; firearms ownership and firearms business laws; inheritance estates and trusts; business entity formation and operation; professional ethics; and administrative and judicial trial and appellate litigation. Mr. Adelson is a certified mediator, a member of The Florida Bar, and is admitted in the Florida federal courts. He served in the Florida Department of Environmental Protection, Florida Department of Natural Resources and has been in private practice since 2001. Mr. Adelson is a retired U.S. Army officer. He is a federal firearms license (FFL) holder and he advises and supports firearms owners, manufacturers, retailers, and shooting ranges. Mr. Adelson is active in the FSU College of Law Environmental Law Society, Moot Court teams and other college and community related activities. He holds a B.A. degree from Virginia Military Institute; M.S. and M.B.A. degrees from Florida Institute of Technology; and J.D. and LL.M. degrees from Florida State University College of Law. Mr. Adelson's LL.M. degree dissertation studied shoreline property rights and associated access/egress easements.

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