Q & A Table of Contents
How Can We Keep Them From Crossing The Line?
From: Sal, Oakland, California
Question: Our neighbor's cottage is on (or maybe a bit over) our property
line. The cottage wall adjoining our yard needs repair. What are the laws
regarding access into our yard to repair the wall?
In my opinion, the entire wall needs repair but the neighbor just wants to
repair part of it. How can we persuade her to repair the entire wall?
Can we have design approval regarding privacy issues? She wants to put a
window in the wall which will look directly down on our yard. Should we
require the neighbor to have insurance? She wants to do the work with her
brother. Can we put time limitations on how long they take to finish the
work. Since there is question regarding whether the present wall is on our
property (probably by several inches) can we have her sign a waiver that all
new building will be on her property?
Please help with this dilemma. We would like to negotiate but have
difficulty with her. In the past she has attempted to extract money from us
to repair the cottage foundation and basically she is not honest in her
dealings. Can you help?
Response: Your first question could be determinative of the answers to
virtually all of the other questions you ask. The local laws regarding
property rights, set-back restrictions, zoning, etc. can best be interpreted
by a local lawyer who is specialized in property law.
Once you have a sense of the legal protections that are -- or are not --
available to you, then you can determine how any negotiations should go
forward. If your neighbor has an absolute right to enter your property to
repair her structure, unless she asks you for something -- even a drink of
water while she is working -- you have limited power in the decision-making
process. You may initiate discussion about the issues you find important,
but you need to consider whether there are incentives to your neighbor to
agree to any of your requests. Unless she has something to gain by reaching
and fulfilling a bargain with you, it is difficult to imagine she will be
likely to cooperate with you.
Take a look at what you have to gain or lose in the situation, what your
neighbor's potential gains or losses are, as well as your legal rights (and
hers). If other folks have a stake in the outcome of the situation --
neighbors, people whose children play in the area, or municipal property tax
collectors -- you should consider their interests as well.
Just to take one of those examples, you may want to find out whether repairs
to the cottage will increase its value and thus increase the amount of
property taxes paid for the structure. Knowing this may have an impact on
your motivation and/or that of your neighbor. The same is true if you can
find out what kinds of construction permits might be required for repairs to
the property. Finding out about these sorts of issues can have an impact on
the balance of power among the negotiating parties.
If your neighbor has untrammeled rights of entry on your property to repair
the cottage, no need to get a construction permit, and no risk of a tax
increase due to the repairs, unless she asks you for something, you will
need to exercise your creativity to develop issues about which she feels she
has to negotiate. Thus, careful research on the interests of all possible
interested parties is crucial for developing a workable negotiation
strategy.
Do your research ahead of time; it will help you negotiate more wisely and
with more confidence.
Good luck,
Steve
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