On Friday, August 9, 2013 6:31:00 PM UTC-4, Lonesome Dove wrote:
On Fri, 9 Aug 2013 17:58:47 -0400, "Stormin Mormon"

wrote:



Be very careful. You might find yourself in the hole before the dirt goes

back in.



Christopher A. Young

Learn about Jesus

www.lds.org





leza wang wrote:

Hi

I just would love to hear your opinion about this. There is a fence

between our house and neighbor. None of us build the fence. We bought

the houses and the fence was/is there. The neighbor are now doing

waterproof the basement. So they are digging the area close to fence.

They asked me if I will allow them to move the dirt to my place (just

easier than moving to the front of their house). I said no (I do not

want to get all the mess, they are hiring unprofessional workers and

this has been going for 4 weeks. These workers do not have even the

right tools to do the job). Anyway, yesterday we were away when we

came back we saw the fence boards are removed except the frame and

the dirt moved to our backyard! (see pictures below please).



I expressed my disapproval strongly to the workers because the

owner/neighbor was not there. The workers said you are neighbor and

you should help etc and they promise to removed it today and said

they put blue tar underneath so my backyard will be clean after. I

was angry with them because they did not take my permission but then

I said OK fine because I want to keep good term between us. Today

they said they can not remove the dirt and need another day. They

asked kindly so I said that is ok but I want it to be removed

tomorrow.



I have the back of the fence (if you can see from the picture). It

seems the person who lived before my current neighbor built the fence

but not sure. Who really own the fence now? can each of us do

anything with the fence without telling the other if they can do this

or that?



Thanks a lot.



http://tinypic.com/r/25t7wy8/5 (my house is to the Left)

http://tinypic.com/r/25g9bol/5 (my house is to the Right)

http://tinypic.com/r/2432smq/5 (my house is to the Right)





I'd get the name of every person doing th work. Then I'd have them

sign an agreement with you that if they did not put everything back

exactly as it was they will pay to have it done. I'd make all of them

sign it by telling them if they don't you will file trespass and

vandalism charges against them. Explain to them that the charges might

not stick but it will cost them more in legal fees than it will to

clean up the mess.

If she follows that advice, it's likely to cost her a lot in legal
fees. You can't enter into an agreement with a contractor that gives
them permission to access your property and then file false trespass
charges because they failed to perform to that agreement. You gave them
permission, they were not trespassing and if they sue you for false
arrest, legal fees, lost work, damage to their reputation, etc, they
would win.




Then you have a leg to stand on and you haven't

alienated your neighbor. Out in the country where we live, good fences

make good neighbors. It shouldn't be any different in the city.

**

Lonesome Dove

The problem of course is that the neighbor has already taken a
dump in her lap.