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[email protected][_2_] trader4@optonline.net[_2_] is offline
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Default fence issue with neighbor

On Saturday, August 10, 2013 4:39:29 AM UTC-4, micky wrote:
On Fri, 09 Aug 2013 17:17:02 -0400, jeff_wisnia

wrote:



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.




This is a project that takes only a few days if they work full-time, a

few weeks if they don't.



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).




It certainly is a lot easier to keep it at the side.



Any chance you're going to want to waterproof your basemnt from the

outside? Won't you want to pile the dirty on your neibhbor's

property while you do this?



An asshole neighbor like this is the kind that won't reciprocate.
If they had any decency, this never would have happened.
When she needs something, they'll tell her to go to hell.





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).




A friend got a price on waterproofing from a company that promises to

succeed, and iirc, it was 10 thousand, or maybe 20. Even though

much of the work is unskilled. I would certainly be tempted to hire

temp workers to do this.



So, you hire unskilled, unqualified workers. You get a half-assed
job that doesn't solve the basement water problem and falls apart
in 6 months. And then one of
these unskilled workers trips on a tree root on Leza's property and
the sues her for $50,000.





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).




They certainly shouldn't have done this. Where were they putting the

dirt for the previous 4 weeks? Or were they working on a different

side of the house?



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.




That's good.


No, they lied. If you look at the pics, there is no tarp
underneath. The dirt is even thrown right against the side of
her house. There is a tarp on top of the pile of dirt.






I was angry with them because they did not take my permission




AIUI, only the owner talked to you and you said no, Maybe he

misunderstood you or maybe he just didnt' answer when his employee

asked where to put the dirt and what to do about the fence, and the

head employee decided to open the fence and put it on your property.



The innocent property owner theory. We heard that here
a couple weeks ago about the fence built on the other guy's
property in NYC. I'm not buying it.





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




Yes, in the long run, that was the right thing to do. In the short

run too.



Not in my book. I'm not about to let some asshole neighbor disregard
my property rights when I explicitly told them no. I'd tell them to
get the hell off my property and if they set foot on it again, I'm
calling the police.






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.




One day to a subcontractor is like a week. This is true no matter

how much or how little they charge.



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?




Its ownership doesn't change. What trader4 said in his first

paragraph. BUT I don't think you need to get into this.



Why not? The fence has been torn down. Who is going to put up
a new fence? If it's Leza'a fence, she can put up any kind of
fence the law permits and the neighbor is liable for the value
of the old one they tore down. If it's the neighbor's fence or
a shared fence, then the situation changes.






I wouldn't do anything Trader4 suggests in this second paragraph.



There is no way the n'bor will be convicted of any criminal charge,

and he shouldn't even face a civil suit.


I never said the neighbor would be convicted, nor was that the point.
The point is I would call the police to get the skunk neighbor to
stop dissing me and my property rights and to have the police tell
them to stay off my property.







If they are working on it every day it is not raining and it's dry

enough to work, they'll be done soon,





When your husband does something that requires a lot of nerve, you can

forgive him and try to have a better life in the future, or you can

divorce him and live somewhere else. In this case, neither of you are

moving and you'll have to live next to an angry n'bor for who knows

how many years. I have a semi-angry n'bor and it's not pleasant.



Tom R is also right.


Assholes are assholes. And letting them get away with ****ting
in your lap is, IMO, a mistake and for sure something I'm not
going to put up with. Sooner or later, she's gonna wind up in
a confrontation with them. It's just a matter if she wants to
let them walk all over her, disrespect her, treat her like the
neighborhood bitch, until she finally has had enough or nip it
in the bud.