MacElree Harvey Resources - Border Disputes: Protecting Your Property Rights

Timothy F. Rayne, Esquire

General principles of law govern the three most prevalent types of border disputes - those regarding trees, water and nuisances

In today's world of large housing subdivisions and increasing development, border disputes can arise between neighbors. Some common disagreements involve encroachment of trees, water flooding problems, and other nuisances. Below are some legal principles that govern these kinds of disputes.

Trees
Trees and bushes are often planted too close to the property line causing branches and roots to extend onto neighboring property. A landowner who has encroaching tree roots or branches may cut away the roots or branches to the property line.

The principle of law involved is that a landowner has the exclusive right to space above the surface of his or her property.

Suffering tangible damage is not required prior to taking action. The encroaching roots or branches are a technical trespass, which a property owner can alleviate through self-help (i.e. cutting) and may recoup the reasonable expenses in exercising such a remedy. In the alternative, the property owner can bring a lawsuit to force the neighbor to remove the offending roots or branches.

Water
Changing the grading of property or covering ground with concrete or asphalt can increase the flow of water onto neighboring property.

The general principle of law relating to the flow of surface waters is that the owner of higher ground has the right to have all waters that naturally collect flow onto the lower land. The law regards surface waters as a "common enemy" which every landowner must fight to get rid of as best he or she can.

However, an owner of higher ground can be held liable for the effect of surface water running off of his or her land where he or she has diverted the water from its natural channel by artificial means or unnecessarily increased the quantity of water discharged on his or her neighbor. Such actionable means include creating an artificial channel which concentrates the water flow, or covering the land with asphalt and increasing the amount of water flow. The damages recoverable in the event of such acts would be either the cost of correcting the problem or, if unfixable, the decrease in the value of the damaged property.

Nuisances
Loud music, barking dogs, excessive light from flood lights, and noxious smells can make neighbors' lives unpleasant.

The law recognizes a property owner's right to private use and enjoyment of land. In the event that a neighbor conducts activities that unreasonably interfere with the private use and enjoyment of your land, you have the right to insist that those activities cease. If they don't, you have the ability to bring legal action to stop the nuisance and/or to recover damages for the decrease in your property value.

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The following article is informational only and not intended as legal advice.
Speak with a licensed attorney about your own specific situation.
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At a glance
Border Disputes

The three most common border disputes between neighbors involve encroachment of trees, water flooding problems, and nuisances.

Trees: A landowner with encroaching tree roots or branches may cut away the roots or branches to the property line and recoup reasonable expenses for such remedy.

Water: Owners of higher ground have the right to all waters that naturally collect flow onto the lower land, but they can be held liable for the effects of surface water run-off from artificially diverted or unnecessarily increased quantities of water discharged onto a neighbor's property.

Nuisances: If a neighbor conducts activities that unreasonably interfere with the private use and enjoyment of your land, you have the right to insist that those activities cease. Common nuisances include loud music, barking dogs, excessive light from flood lights, and noxious smells.