sflawlibraryblog


Leave a comment

July Book of the Month: Neighbor Disputes

Neighbor DisputesNeighbor Disputes: Law and Litigation 
by Todd W. Baxter et al.
Reviewed by Ruth Geos, Reference Librarian


All of us are neighbors and most of us, in this urban setting, have neighbors above, below, next door or across the street. The issues touching our space and property are intensely emotional and can be difficult to negotiate. Some of our neighbors we know only by their first names, but the impact of their actions—by blocking access, encroaching a boundary, creating excessive noise, odor, or light, or undermining property foundations with earth-moving or water issues—can interfere with enjoyment, use, and other protections in living our lives next door. When the lines of communication between neighbors are closed, and impact is serious enough, some of these disputes arise to legal issues, and require consultation with counsel who can evaluate both the legal issue and the possibilities for resolution.

CEB’s Neighbor Disputes: Law and Litigation, available both in print and on CEB OnLaw, offers a specialized guide on how to address neighbor disputes, from the first client consultation through the completion of litigation. The authors emphasize the underlying emotional currents in any dispute between neighbors, and offer practical approaches to try to minimize antagonism both in immediate terms of negotiating a solution and for the long-term future to be able to coexist as neighbors. For example, counsel is advised at the outset of litigation to determine the client’s motivations and expectations in order to shape the course of representation, and to help the client understand the practical, emotional, and legal components of litigation. The authors emphasize that even where the client prevails, the wisdom is that client will not be made whole because they still live in an environment of distrust and anger.

view of city street

Photo by IKRAM shaari on Pexels.com

Individual chapters offer an authoritative analysis of neighbor disputes involving easements, encroachments, earth movement, trees, fences, domestic animals, water rights, views, open space, home businesses, solar and wind power, blight, criminal activities, toxic contamination, and noise, odor, light and air. The authors analyze potential causes of action, both statutory and based on common law, along with possible defenses and the various remedies that may be available. Checklists itemize the types of key information and facts to gather to support each cause of action, and a few sample documents are also included, including a sample demand letter requesting abatement of a nuisance.

Neighbor Disputes: Law & Litigation is highly recommended for its unique insight into the issues that challenge neighborhood civility, and for its thorough evaluation of the legal merits and potential for resolution through litigation or alternative means.

Advertisements


Leave a comment

November Book of the Month: Managing Environmental Risk

Managing Enviro Risk

Managing Environmental Risk: Real Estate and Business Transactions, 2016-2017
By Jennifer L. Machlin and Tomme R. Young
Reviewed by Courtney Nguyen

Recent events have shown that environmental risks should not be ignored when entering into a real estate or business transaction. To help attorneys and other real estate professionals identify and address environmental liability risks, the library has Managing Environmental Risk: Real Estate and Business Transactions by environmental law specialists Jennifer L. Machlin and Tomme R. Young. Intended for both specialists and nonspecialists, this wide-ranging softbound book concisely explains environmental liability risks and also serves as a more practical problem-solving tool for attorneys. Machlin and Young offer a summary of the most important features of all the major federal statutes related to environmental regulation (Clean Air Act, Clean Water Act, etc.), which often serve as models for state statutes. The authors also discuss general federal standards which highlight the most common types of environmental liabilities that could be triggered by certain transactions.

In addition to discussing statutory and common law sources of liability, Managing Environmental Risk also takes into consideration the concerns of the various parties involved, making this book accessible to more than just attorneys. Alongside reference materials, practitioners will also find checklists and drafting suggestions for transactional planning, as well as sample provisions for drafting documents. This title is also available in its entirety through our Westlaw database. Find this and many more environmental law titles at the Library today!

The library would like to thank the author, Jennifer Machlin, for generously donating this title. To learn how you can donate, please see our Donation Guide.

 


Leave a comment

September Book of the Month: Landlord-Tenant Solutions in California

Landlord TenantLandlord-Tenant Solutions in California

By Steven Adair MacDonald

Local real estate attorney Steven Adair MacDonald shares his perspective and expertise in Landlord-Tenant Solutions in California. This self-help legal handbook walks you through the most common problems landlords or rental property managers can face, from finding tenants to litigation. Throughout, MacDonald advocates a compassionate approach to treating tenants, stressing respect and understanding in order to minimize or prevent costly legal disputes from arising. Each short, easy-to-read chapter deals with a specific problem, from rent control to wrongful evictions, so the book can be read as a whole or à la carte. In addition to a glossary and index, there are also appendices with information on where to obtain standard rental forms, sources of insurance, and standard legal notices, and even a poem by a recent Nobel Laureate! Stop by the Library and take a look at this handy guide today.

The Library would like to thank the author for donating this title.