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Robert Green Robert Green is offline
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Default fence issue with neighbor

"micky" wrote in message

stuff snipped

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.


I agree. This could easily be a communications error. The only important
questions a will the area be returned to its previous state (or better)
and is the imposition enough to "go to war" over?

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.


Yes. If there's the possibility of long-term damage it's a different story,
but with the right documentation, if the neighbor won't return your land to
its prior state, you can hire someone to do that and then stick them or
their insurers with the bill - eventually. Going to court should be the
last option.

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.


How sadly true! (-:

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.


Only a survey (or perhaps a notation on the county land records) is going to
say for sure whose side the fence is on and even that may not be the final
word depending on local laws or previous agreements between land owners.

stuff snipped

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


Nor would I. The many possible bad outcomes seem to strongly outweigh any
good things that can come of it.

There is no way the n'bor will be convicted of any criminal charge,
and he shouldn't even face a civil suit.


Not in any jurisdiction I've ever lived in, anyway. If my current
experience is relevant, when either neighbor "calls in the county" the
authorities are going to look for other violations/problems and the result
could be expensive for *everyone.*

The recent parking problems we had in my neighborhood have escalated into
open screaming matches in the middle of the street. The county's been out
and ticketed everyone for anything they could find, as if to say: "If *we*
have to come in to settle your neighbor disputes, everyone's going to be
sorry."

If they are working on it every day it is not raining and it's dry
enough to work, they'll be done soon,


Yes. This is a situation requiring monitoring and patience, not escalation.

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.


I have a good neighbor now and it's a much better way to live. You never
know when you're going to fall off a ladder and your life will depend on
your neighbor calling 911 promptly instead of walking away and deciding to
let your litigious ass rot in the grass. (-:

--
Bobby G.