Neighbor Disputes
Guide to resolving property boundary, tree, fence, and nuisance disputes in small claims court.
Neighbor Disputes
Property damage from trees, fence disputes, boundary issues, noise, and other conflicts between neighbors that can be resolved through money damages.
What Small Claims CAN Handle
- •Tree damage to your property (roof, fence, car)
- •Fence repair/replacement costs when neighbor is liable
- •Property damage from water runoff
- •Cleanup costs from debris on your property
- •Pet damage to your property
- •Return of mistakenly taken property
What Requires Different Courts
- •Boundary line disputes (may need survey/quiet title)
- •Easement enforcement
- •Ongoing nuisance requiring injunction
- •Noise violations (often handled by code enforcement)
- •Claims exceeding small claims limits
- •Orders to remove or cut trees (non-money)
Try to Resolve It First
You have to live next to this person. Before filing a lawsuit, try having a calm conversation, sending a friendly letter, or using community mediation services. Many neighborhoods and cities offer free or low-cost mediation for neighbor disputes.
Tip: Document your attempts to resolve the issue peacefully - judges appreciate seeing you tried other options first.
Common Scenarios
Fallen Tree Damage
Neighbor's dead or diseased tree (or healthy tree in a storm) fell and damaged your property - roof, fence, shed, car, or landscaping.
Fence Disputes
Neighbor damaged your fence, built on your property, or refuses to share costs for a boundary fence when required by local law.
Water Damage
Neighbor changed grading or drainage and now water floods onto your property, or their sprinklers are damaging your structures.
Pet Damage
Neighbor's dog or other pet damaged your lawn, garden, property, or injured your pet. (Bites to humans are usually separate claims.)
Tree Law Basics
Tree disputes are among the most common neighbor issues. Here are the general rules (which vary by state):
Branches Over Your Property
Generally, you can trim branches that hang over your property line at your own expense, up to the property line. You cannot go onto neighbor's property or damage the tree.
Roots Causing Damage
If roots from neighbor's tree are damaging your foundation, sewer line, or driveway, you may be able to recover repair costs - especially if the neighbor knew about the problem.
Fallen Trees
If a healthy tree falls due to storm, neighbor may not be liable. But if the tree was dead, diseased, or they were warned it was hazardous, they're more likely liable.
Tree Value
If neighbor illegally cuts down your tree, damages can be much higher than just replacement cost - some states allow 2x or 3x the value. Research your state's timber trespass laws.
Evidence You Should Gather
Neighbor disputes often come down to proving what happened and who's responsible. Document everything.
Photos & Video
- Before/after photos of damage
- Photos showing source (dead tree, etc.)
- Property line/boundary photos
- Video of ongoing issues (water, noise)
Documents
- Property survey (if boundary issue)
- Repair estimates or invoices
- Arborist report (for tree issues)
- Insurance claim records
Communications
- Letters/emails to neighbor about issue
- Their responses or admissions
- Mediation attempt records
- Formal demand letter
Witnesses & Experts
- Other neighbors who saw what happened
- Contractor who did repairs
- Arborist opinion on tree condition
- City inspector reports
Pro Tip: Get Written Estimates
Always get at least 2-3 written estimates for repairs. This shows the judge you're being reasonable and helps establish your damages.
Check Insurance First
Your homeowner's insurance might cover the damage. If so, your insurer may pursue the neighbor for reimbursement. Check your policy first.
Example Case + How This Site Helps
Example: A neighbor's neglected tree damaged your fence and shed.
You repeatedly reported hazardous branches, but no action was taken. A storm caused preventable damage that you now seek to recover.
Typical claim range: $600-$5,000
What to collect first
- Photos before and after the damage event
- Prior written warnings to the neighbor
- Repair invoices and contractor estimates
Confirm fit and priorities
Start with the quiz so the app can steer you toward the right dispute flow and state rules.
Take the quizOrganize evidence and timeline
Use Case Manager to track facts, deadlines, and uploads so your story is clear and ready for court.
Open Case ManagerPrepare your pre-filing package
Generate a demand letter and supporting documents to improve settlement chances before filing.
Build demand packagePlan filing and hearing prep
Use filing guidance, calendar, and statement tools so you can submit correctly and present clearly.
Review filing stepsReady to Assess Your Case?
Take our intake quiz to organize your facts and determine if small claims is right for your neighbor dispute.
Legal Disclaimer
This page provides general information only and is not legal advice. Property and tree laws vary significantly by state and locality, and information may be outdated. No attorney-client relationship is created. Consult a licensed attorney for advice about your specific situation. See our Terms of Service and Privacy Policy.