Articles Tagged with neighbor law

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How did we answer that? #NeighborLaw #FenceReplacement

We had a patron come in asking if a neighbor could compel the other neighbor to pay for half a fence. According to our patron, there was an old fence on the property line but it wasn’t in bad condition and didn’t need replacing. However, the neighbor replaced the fence without talking to our patron and now wants our patron to pay for half of the cost. Our patron was wondering what their rights were and if they would have to pay.

So, how did we help? Most of the situation our patron was describing was around the subject of neighbor law. We started our patron on the Nolo book called Neighbor Law: Fences, Trees, Boundaries & Noise. Nolo Press titles are excellent resources because they present legal information with easy to read and understand language. While they are not Oregon specific, they provide a good foundation for further research if needed. They also explain legal language and terms so that when using more technical resources, it makes those more understandable. Nolo titles are available in many law libraries and public libraries as well as through the State of Oregon Law Library as ebooks.

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Recommended reading – and discussing: with a book group, a salon, over coffee, over beer, and with Portland (Oregon) friends and neighbors:

“Bridge City: When does local pride become exclusionary?” by Anna Vo, in Oregon Humanities, July 29, 2019.

“…. When you hear about nationalism, you may think of Trumpism, of anti-immigrant sentiment, but I bet you never think of yourself, of Portland. I wonder often about the pro-nature dogma, the cedar and mountain pride, the shoe-and-backpack consumerism entwined with suiting up for a thirty-minute “hike,” or swallowing nature like a fusion chimichanga sushi burrito. The regionalism so many people in Oregon espouse sounds a lot like localized nationalism to me. Its rhetoric can be easily weaponized to promote exclusion. …..” [Link to full article. Archived here.]

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Oregon v. Lang, 273 Or App 113 (2015), (Benton County Circuit Court CM1320460; A154498)

Citations below are to the online, unofficial advance sheet version of this case, and available for viewing (at least as of today) at: http://www.publications.ojd.state.or.us/docs/A154498.pdf

This is another case that would be quite instructive to laypeople interested in the law, assuming they read the whole case and also perhaps talk to a lawyer or judge about it, rather than relying on a brief news report – or a blog post.

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A recent Oregonian news story: “Aloha man admits to attacking his neighbor for trimming shade trees,” by Roger Gregory, December 13, 2011.  The sentence?

“…Sentence: Bosket was sentenced to six months in jail, followed by five years of formal probation. Bosket was ordered to pay $3,579 in fines and fees and $1,366.19 in restitution. Bosket received the court’s anger/mental health package as part of his probation, according to Nadya Martin, deputy district attorney for Washington County. Bosket is to have no contact with the victim and is not to live at the Aloha address, Martin said.” [Link to full article.]

We’re not all lucky enough to have awesome neighbors.  Librarians, public and law, are asked legal questions all the time that fall under the Neighbor Law classification.

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Who said legal research wasn’t fun? Not I.

Read a Gallagher Blog post about researching local laws, Enact Locally, citing 102 Law Library Journal 497, especially the article’s section on Dog Poop.

Dog Law, and its companion, Neighbor Law, are good tests of your own peacemaking and diplomatic skills.

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This is a legal reference question that comes up again and again and again and …..

What can I do about my neighbor’s barking dog?

It depends, of course, but don’t go crazy. There are usually ways to deal with the problem, although it takes tact, persistence, more tact, creativity, collaboration, and sheer, uh, doggedness.

Remember, a constantly barking dog is not a happy dog and you are likely doing a good deed, at least for the dog, and even sometimes for the owner.

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A peacock moved into my and my neighbors’ adjoining yards (in Mt. Tabor) a couple of weeks ago and I’ve been wracking my brain trying to come up with a legal research or law library angle on the situation.

(The fact that neighbor kids have named it Bismarck doesn’t help, except for the laugh factor. You know, that crested helmet thing, though how they got to Bismarck I’m not entirely sure, except for the perils of high school history textbooks nowadays. It also doesn’t help that peacocks are incredibly beautiful and fascinating to watch – especially the way they watch US from their high perches, fences, trees, etc. Do we really want him to go away?)

But, I have said I can find a legal research / law library angle to just about anything in life, so here goes:

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The Oregonian’s In Portland article (11/15/07) by Edward Hershey, “Dog dispute spotlights law with no teeth,” gives one a fair idea why lawyers exist. The article also give one a fair idea why zoning laws, neighborhood associations, neighbor-law books, and perhaps even dogs, not to mention doggy-day care businesses, exist.

So when you hear anyone say, “it’s not rocket science” when talking about drafting laws or contracts, or interpreting them, step back slowly and walk away – and for heaven’s sake, don’t sign on their bottom lines.

Excerpt (full story here):

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