Solving Disputes with Your Neighbors
Step 2 - Start a log to track the problem.
Step 3 - Discuss it with your neighbor.
Step 4 - Put it in writing.
Step 5 - Talk to other neighbors.
Step 6 - Try mediation.
Step 7 - Call the Sheriff.
Step 8 - Get help from a lawyer.
Step 9 - Consider small claims court.
Step 10 - Following up on a court decision.
One often over-looked strategy is to get to know your neighbor, if you are not already on good terms. Even if a problem has occurred, try to get to know your neighbor before making the complaint. Introduce yourself. Talk about general issues of interest. A few weeks later, raise your complaint.
If the problem is one that reoccurs, (like late-night noise) start a tracking log. Write down the date, what occurs and any other observations that may be helpful. If you have a digital camera, pictures can be quite helpful in pressing your point. You may find that the problem is not as frequent as you thought. In any event, a clear log will help document your case for the Sheriff or the courts, if it gets that far. It will also help you talk to your neighbor.
Talking to your neighbor in a pleasant way may be all that is needed to work out a mutually acceptable solution. Remember yelling is unlikely to persuade the other person. Also remember that the person may not acknowledge your point right away, but may change their behavior or address the problem later (once they have thought it over).
 | Assume the other person is unaware of the problem, or at least act like it! |
| Be open and pleasant. |
| Use phrases like "How do you suggest we approach this?" of "I thought you might not know about… ." |
| Propose a solution - offer help or split costs, if you can. |
| No matter how negative the response is, end the conversation by leaving the door open to a positive solution. "Think it over. I'd like to try and work it all out." You will lose nothing by being pleasant. |
You do not have to believe they will be reasonable but you have left an atmosphere that may allow your neighbor to have a change of heart later.
When talking does not work, you may find that a clear written description of the problem and a proposed solution may persuade your neighbor. If you believe s/he has violated a law or local ordinance, include a copy of that law or ordinance. Your neighbor may find that reading the actual law persuades them in a way that your verbal complaint did not. Send a copy of the letter to your local District 2, County Commissioner, Ken Hagan. You may also want to contact your local Homeowner’s Association, or Community Resource Deputy (CRD) Tony Mannarino. To contact the deputy send an email message to president@logangatevillage.org.
This is an example of a BAD Letter.
This is an example of a GOOD Letter.
If the problem is bothering you, it may be an issue for others. If it is a mutual problem, consider a joint letter. Remember a civil tone is still critical but a group approach can be particularly effective.
There may be one neighbor who has a close relationship with the person causing the problem. S/he may be willing to talk on behalf of the group to the difficult neighbor.
If you have not tried seeking assistance from your councilperson, Community Resource Deputy or a neighborhood civic group, you may want to consider it. Step Four provides information on ways you may be able to contact them.
Mediation is less formal and likely to be cheaper than going to court. In addition, the chance to have a neutral third party sort out what are often multiple issues can help the overall situation.
You can find out more about mediation or find a community mediation center or an individual mediator.
Calling the Sheriff should be done after considering the possible outcomes. First, the Sheriff Deputy is most likely to be able to help if the other party has violated a local ordinance or state law with criminal penalties. For example, the Sheriff can help with excessive noise but are unlikely to be able to do much about a dangerous tree limb. If you have a log of dates and times the problem has occurred or a joint letter from other neighbors, show these to the Sheriff. The Deputy meets all sorts of people when called out to help with neighborhood disputed. A reasonable documented approach will set you apart from others. Remember many Deputies have some training in mediation but their skills and interest in solving neighborhood disputes will vary.
Talking to an attorney can help you sort out next steps and the costs/benefits of various options. One possibility is asking an attorney to write a letter on your behalf explaining the law, the proposed solution and raising the possibility of a lawsuit. Remember a lawsuit may not be the perfect answer (you may not win) and remain as cordial as possible with your neighbor. Finding an Attorney It is likely to cost $100-$500
You can also call Legal Advice Line and (for a small fee) speak with an attorney.
Going to court can be upsetting for both sides. An attorney can help you sort out the issues even if s/he does not represent you. However, you do not need an attorney to go to small claims court. Make sure you come up with a justifiable and reasonable estimate of your damages. Be prepared to show how you arrived at the figure. The maximum you can sue for in small claims court is $5000. Also plan how you will present your story. Avoid exaggeration or making inflammatory statements. Remember you will still live near the person you are suing.
The District Court has a comprehensive guide." on "How to File a Claim in District Court
Even if you win in court, a victory may not solve your problem. If you won damages, you will need to collect the money due to you. Before you leave, talk to the clerk at the court about the next step. Even if the problem continues, you will also find that the Sheriff Deputies are likely to take your complaints seriously if you have a court decision on your side.
Win or lose, you will still live near your neighbor. Try to work out the best relationship you can after the lawsuit is over.
If you lose, review the
efforts you have made. Can you approach your neighbor again?
Do you want to consult at attorney about whether your problem is appropriate for
circuit court?
