Neighbor Disputes Increasing, Expert Says

One Bella Vista Woman Logs 60 Complaints

Last updated Saturday, August 16, 2008 6:25 PM CDT in News

By Anna Fry
The Morning News

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Bella Vista police dispatchers recognize Judy Anderson's voice. She doesn't even have to give her name when she calls.

The former Texan has called in at least 60 barking and loose dog complaints since the beginning of the year. Her calls are a community service, she believes.

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Others in the neighborhood complain privately but won't call, she said.

"I just can't believe how inconsiderate people are these days about their dogs," she said recently while sitting in her living room.

It's not that Anderson dislikes dogs - she has a black cocker spaniel for which she buys doggie ice cream from Schwan's. The barking, which she concedes has improved lately, wakes her up at night.

"I just think that I have a right to a peaceful night's sleep, let alone keeping my sanity," she said.

Barry Bullard lives next door to one of the frequent targets of Anderson's calls. He described those calls and subsequent police visits to the neighborhood as "kind of a pain."

"I don't know what her problem is because the dogs haven't barked at night for a long time," Bullard said.

Bullard himself was a target of Anderson's calls a few years ago when he had a poodle that barked, he said. Anderson mailed him a letter saying she would call police if he didn't control his dog, he said. He mailed the letter back to her.

The two have never met.

Such neighbor disputes are increasing, said Bob Borzotta, creator of NeighborsfromHell.com. He bases his belief on talks with police departments across the U.S. though he knows of no statistics to back it up.

"It's one of those problems - it's an age-old problem, but it's taking on modern twists," Borzotta said.

Modern society has caused neighbors not to know each other as they used to, he said. People contend with busy work schedules and longer commutes and are more insulated within their homes because of e-mail, phones and television.

"It's as though the world is dividing into two groups - good neighbors and bad neighbors," he said.

Area police collect anecdotes, though not statistics, about neighbor disputes.

Bella Vista police responded several times to calls involving two neighbors on Marisco Circle. One man parked his car in the road, Lt. Tim Cook said. His neighbor objected, saying it partially blocked his driveway. That neighbor and some friends picked the car up and placed it in the owner's yard, Cook said.

The neighbors argued, then stopped speaking, he said. The man who moved the car once walked out of his house carrying a shotgun, which he told police he was cleaning. The car's owner moved a few weeks ago because he felt his family wasn't safe, Cook said.

In Rogers, police spokesman Lt. Mike Johnson remembered a man who planted a tree his neighbor didn't like, because he said it blocked his view. The neighbor poured salt on the offending tree and killed it, he said.

Anatomy Of A Dispute

Police and experts cite lack of communication as the primary reason neighborhood conflicts develop.

"I think we've come to a day and age where a lot of neighbors don't want to talk to another neighbor," Cook said. "Hence, that's what they want us to do."

Common sources of conflict are dogs, noise, parking, children, yard upkeep and landlord/tenant issues, police said. Those reasons may seem silly but create animosity between neighbors so they stop being civil, said Irvin Foster, executive director of the National Association For Community Mediation.

"It's amazing - someone says something stupid and it builds from there," he said. "It's not unusual to have a dispute between neighbors that starts from something as simple as 'I was bringing the groceries in and you slammed the door in my face.'"

Police can't say how many neighbor disputes they handle because the calls are classified in many ways, including disturbances, animal complaints and civil standbys. Bentonville Police Lt. Mike Smith said such calls are fairly common. Springdale Lt. Scott Lewis said they're among the top types of calls received.

"I'd say they're at least something you'd respond to on a daily basis," said Sgt. Shannon Gabbard with the Fayetteville Police Department.

When it comes to neighbor disputes, passions run high. People view their homes as respites, Borzotta said.

"When that respite is compromised, we feel endangered and generally pretty pissed," he said.

If neighbors communicated as adults, they'd be able to resolve conflicts without police involvement, Lewis said.

"But a lot of times people don't have good neighborly relationships, and they don't feel comfortable making that contact," he said.

Anderson said she won't try to talk to Bullard or his neighbor because they haven't responded to letters she sent them. She feels an argument would ensue, she said.

"I really feel like the best way to handle things is through the police department officially," she said.

The problem with relying on police is that officers can only enforce criminal law, police said. Neighborhood issues don't usually rise to the level of criminality, meaning police can only mediate, Gabbard said.

Johnson said Rogers police get many calls about landlord/tenant issues but police can't kick renters out because rental contracts are civil matters.

Merle Weaver, Bella Vista's animal control officer, responds to many of Anderson's calls about barking or loose dogs. He can't ticket owners if the dog is no longer barking or running loose when he arrives. Complainants can fill out affidavits and the city attorney then decides whether to pursue them in court, Weaver said.

Anderson filled out one affidavit and gave it to Bella Vista City Attorney Jason Kelley. Kelley is holding the affidavit to see if other neighbors complain about the same dogs, he said.

If more than one neighbor complains, Kelley mails the owner a letter saying if he gets another complaint in 30 days, he'll pursue the case in court, he said.

Mediating Solutions

The first step to solving neighbor disputes is attempting a conversation, Foster said. Foster's association is an umbrella group that includes about 380 to 400 mediation centers around the U.S., which handle anything from neighborhood to custody disputes.

When a one-on-one conversation fails, disagreeing neighbors can turn to mediators, Foster said. The association's mediation allows people to reach an agreement 80 percent to 90 percent of the time, Foster said.

The Northwest Arkansas Mediation Project offers mediation on a sliding price scale over phone, e-mail or in person at a neutral location to those within a reasonable driving distance, Director Tara Mullen said. The nonprofit project started at the University of Arkansas' law school in May 2007.

Community dispute resolution centers are increasing, said Larry Mills, chairman of the American Bar Association Section of Dispute Resolution. That increase could reflect growing awareness of the centers, he said.

Neighborhood associations can also help stem conflict by fostering goodwill between neighbors.

The Washington Willow Neighborhood Association in Fayetteville provides an important function because it allows residents to voice concerns for the neighborhood, said member Karon Reese. City officials listen more to the association than individuals, she said.

Everyone doesn't always agree on issues, but the neighborhood is cohesive, she said.

"We have the same goals," Reese said. "We want to protect the integrity of our neighborhood."

Disputes have arisen, such as in the case where one resident wanted to add a garage apartment. The association only gets involved if adjoining neighbors disagree, she said.

"We do have neighborhood squabbles," Reese said. "I think that's inherent."

But, neighbors rally over larger issues such as traffic, neighborhood schools and the use of vacated buildings, she said.

Jo Ann Kvamme, co-chairwoman of the Root School Neighborhood Association, said most stresses in her neighborhood come from outside influences. Kvamme believes people in her neighborhood are respectful of each other because they talk, she said. One is less likely to impose upsetting situations on people one knows, she said.

As for Anderson, she plans to expand her crusade to include other neighborhood issues. She hopes to combat rampant speeding and parking ordinance violations, she said. She made a list of everyone on the walking path who violates the city's parking ordinance and will complain to the police department.

"I don't want to see my neighborhood turn into a slum area because that's exactly what's happening," she said.

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