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#1
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fence issue with neighbor
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) |
#2
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fence issue with neighbor
On Fri, 9 Aug 2013 12:42:55 -0700 (PDT), leza wang
wrote: Who really own the fence now? The person responsible for the fence. |
#3
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fence issue with neighbor
Leza,
The fence might be on your land, it might be on your neighbor's land, or it might be on the property line. Don't you know where the property line is? Didn't you hire a surveyor? Don't you have boundry markers? Your pictures are no help in this situation. Dave M. |
#4
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fence issue with neighbor
On Friday, August 9, 2013 3:53:18 PM UTC-4, Oren wrote:
On Fri, 9 Aug 2013 12:42:55 -0700 (PDT), leza wang wrote: Who really own the fence now? The person responsible for the fence. The first question is if the fence is on one property or the other or is it exactly on the property line. If it's on one property, then whoever's property it's on owns the fence. The only exception would be if there were some written agreement that establishes otherwise. Regarding the neighbors and their contractor, it's another example of a neighbor having a lot of nerve. If it were me, I would call the police and file trespass and criminal mischief charges. Not only are they making a mess, they are actually throwing dirt directly against the house and I don't see a blue tarp protecting it. The blue tarp is on top of the pile of dirt. Also, given how they've made such a mess, I would not allow them to correct it either. Get someone competent and then send the neighbor the bill. |
#5
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fence issue with neighbor
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) From the looks of your photos it doesn't appear that strip on your side of the fence was very well landscaped before the work began, so it'll probably be no worse when the dug up soil is removed. Do whatever you can to stay on good terms with your neighbor if that's at all possible. It's no fun to have to go on living that close to someone your at odds with. Wishing you good luck, Jeff -- Jeffry Wisnia (W1BSV + Brass Rat '57 EE) The speed of light is 1.8*10^12 furlongs per fortnight. |
#6
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fence issue with neighbor
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) Hi Leza, Welcome back. Frankly, I don't think you have any real problem here. It looks like they are just digging down next to their house to probably parge and/or replace their basement wall on that side, and maybe do some other things there to try to waterproof their basement. They probably had to do the digging by hand (meaning shovels) because there is so little room there. And, they are right that it would have been much more difficult to try to move the dirt out front as they dig. And, it looks like when they are done, they are going to have to put the dirt back in the hole anyway. So, why make them dig the dirt, move it out front, then move it back again to put it back in the whole. And, as someone else wrote, it doesn't appear that you had any real landscaping going on there anyway. If it were me in your situation, I would have just let them do what they are doing and put the dirt on my property, and then move the dirt back off of my property afterward when they re-fill the hole. And, I'm sure their plan is to put the fence back together. They probably covered the dirt with the blue tarp so if it rains the dirt doesn't wash all over the place and maybe even back into the hole that they are digging. My vote is to just let them do what they and leave them alone about it. Good luck. |
#7
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fence issue with neighbor
On Fri, 9 Aug 2013 12:42:55 -0700 (PDT), 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) After the workers remove the dirt, bake you neighbors a cake and thank them for having that fence torn down. It was an eyesore and served no purpose. It's totally stupid and was probably put up by one of the previous owners when he was feuding with his neighbor. Scrap wood and time on his hands. When houses are close to one another like that, all such a fence does is make maintenance difficult on that side of the houses. Hard enough getting the right footing for a ladder in such a narrow space without a useless fence in the way. You should offer to go half and half on fences from house to house at the ends, with a gate in back. Keeps it from being a pathway for kids. While you're it, make it level and top it with gravel. Even weeds won't grow there. You should really restrain your inclination to be a bitch about this, and work with your neighbor. |
#8
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fence issue with neighbor
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) |
#9
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fence issue with neighbor
On Friday, August 9, 2013 5:17:02 PM UTC-4, 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. 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) From the looks of your photos it doesn't appear that strip on your side of the fence was very well landscaped before the work began, so it'll probably be no worse when the dug up soil is removed. Do whatever you can to stay on good terms with your neighbor if that's at all possible. How can you stay on good terms with a neighbor when the neighbor asked if they could pile dirt on your property as part of their renovation project, you clearly told them no, and they did it anyway? THAT created bad terms. And I'm not of the opinion that you should just roll over and let neighbors like this get away with it. If I didn't put them in their place, ever time I saw them I'd be thinking how they stuck it to me and I let them get away with it. Me, I'd call the cops and have them inform the neighbors of the trespass laws. It's no fun to have to go on living that close to someone your at odds with. Wishing you good luck, Jeff -- Jeffry Wisnia (W1BSV + Brass Rat '57 EE) The speed of light is 1.8*10^12 furlongs per fortnight. |
#10
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fence issue with neighbor
On Friday, August 9, 2013 2:42:55 PM UTC-5, 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 agree with earlier poster that you should stay on good terms with your neighbors. Also you should be very happy that they are trying to improve their property/house instead of letting it get into worse condition. With the new foundation, the house will be worth more money and that is good for the whole neighborhood. The blue cover is tarpaulin, or tarp, for short. You should have gotten a survey of the property when you bought it, and there should be some markers in the ground at the corner of the property. The survey should also show where the house is with respect to the property boundaries and you can then measure backwards from the house to find the property line. Your neighbor should be able to do the same thing and hopefully the two documents will agree on where the boundary is. The in-ground markers are usually iron and may be buried a few inches below the surface. You can ususaly find them with a metal detector since you don't have a large area to scan. THe survey should be within a foot of correctness so and area 2' by 2'is about the largest area you should have to cover with the metal detector. Hopefully you can borrow one fro a neighbor, or worst-case rent one for a couple of hours at a local rental center. |
#11
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fence issue with neighbor
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. 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 |
#12
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fence issue with neighbor
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. |
#14
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fence issue with neighbor
leza wang wrote in
: 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) Have you seen a building permit posted anywhere? Seems one would be required for such work. Won't cost you a dime to get worked stopped if one is required and never obtained. Then again, if work stops, then what are you stuck with... |
#15
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fence issue with neighbor
TomR 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. 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). snip Hi Leza, Welcome back. Frankly, I don't think you have any real problem here. It looks like they are just digging down next to their house to probably parge and/or replace their basement wall on that side, and maybe do some other things there to try to waterproof their basement. They probably had to do the digging by hand (meaning shovels) because there is so little room there. And, they are right that it would have been much more difficult to try to move the dirt out front as they dig. And, it looks like when they are done, they are going to have to put the dirt back in the hole anyway. So, why make them dig the dirt, move it out front, then move it back again to put it back in the whole. And, as someone else wrote, it doesn't appear that you had any real landscaping going on there anyway. If it were me in your situation, I would have just let them do what they are doing and put the dirt on my property, and then move the dirt back off of my property afterward when they re-fill the hole. And, I'm sure their plan is to put the fence back together. They probably covered the dirt with the blue tarp so if it rains the dirt doesn't wash all over the place and maybe even back into the hole that they are digging. My vote is to just let them do what they and leave them alone about it. Good luck. A voice of reason among the cries of the lynch mob, good response and Leza should listen. -- PV Outside of a dog, a book is man's best friend. Inside a dog, it's too dark to read. - Groucho Marx |
#16
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fence issue with neighbor
On Friday, August 9, 2013 3:42:55 PM UTC-4, 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) You must have a building permit unless you are in a third world country. Then you just use baseball bats to settle the difference. Actually our courts are kangaroo. Just start beating the capitalist bags of **** with baseball bats. Even the president of the United States totally disregards the US Constitution. Bring the goddamned war home to destroy the religious government. |
#17
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fence issue with neighbor
On 8/9/13 2:42 PM, 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). Some cut. Tom R's advice seems the most sensible assuming the neighbors are easy to get along with. You'll have a chance to put up some sort of replacement boundary marker after the work is done. Even something knee high and easily removable would serve the purpose. |
#18
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fence issue with neighbor
PV wrote:
TomR 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. 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). snip Hi Leza, Welcome back. Frankly, I don't think you have any real problem here. It looks like they are just digging down next to their house to probably parge and/or replace their basement wall on that side, and maybe do some other things there to try to waterproof their basement. They probably had to do the digging by hand (meaning shovels) because there is so little room there. And, they are right that it would have been much more difficult to try to move the dirt out front as they dig. And, it looks like when they are done, they are going to have to put the dirt back in the hole anyway. So, why make them dig the dirt, move it out front, then move it back again to put it back in the whole. And, as someone else wrote, it doesn't appear that you had any real landscaping going on there anyway. If it were me in your situation, I would have just let them do what they are doing and put the dirt on my property, and then move the dirt back off of my property afterward when they re-fill the hole. And, I'm sure their plan is to put the fence back together. They probably covered the dirt with the blue tarp so if it rains the dirt doesn't wash all over the place and maybe even back into the hole that they are digging. My vote is to just let them do what they and leave them alone about it. Good luck. A voice of reason among the cries of the lynch mob, good response and Leza should listen. Hmmm, I concur for the sake of good will between neighbors. If you start a war between neighbors no one wins. |
#19
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fence issue with neighbor
On Fri, 09 Aug 2013 16:48:03 -0500, Vic Smith
wrote: On Fri, 9 Aug 2013 12:42:55 -0700 (PDT), 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) After the workers remove the dirt, bake you neighbors a cake and thank them for having that fence torn down. It was an eyesore and served no purpose. It's totally stupid and was probably put up by one of the previous owners when he was feuding with his neighbor. Scrap wood and time on his hands. When houses are close to one another like that, all such a fence does is make maintenance difficult on that side of the houses. Hard enough getting the right footing for a ladder in such a narrow space without a useless fence in the way. You should offer to go half and half on fences from house to house at the ends, with a gate in back. Keeps it from being a pathway for kids. While you're it, make it level and top it with gravel. Even weeds won't grow there. You should really restrain your inclination to be a bitch about this, and work with your neighbor. +1 on that. That fence is a disgrace.. Take it down completely - and if both you and the neighbour want a fence, split the cost. If you want a fence and the neighbour does not, you pay for the new fence.. |
#20
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fence issue with neighbor
On Fri, 9 Aug 2013 15:27:47 -0700 (PDT), "
wrote: On Friday, August 9, 2013 2:42:55 PM UTC-5, 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 agree with earlier poster that you should stay on good terms with your neighbors. Also you should be very happy that they are trying to improve their property/house instead of letting it get into worse condition. With the new foundation, the house will be worth more money and that is good for the whole neighborhood. The blue cover is tarpaulin, or tarp, for short. You should have gotten a survey of the property when you bought it, and there should be some markers in the ground at the corner of the property. The survey should also show where the house is with respect to the property boundaries and you can then measure backwards from the house to find the property line. Your neighbor should be able to do the same thing and hopefully the two documents will agree on where the boundary is. The in-ground markers are usually iron and may be buried a few inches below the surface. You can ususaly find them with a metal detector since you don't have a large area to scan. THe survey should be within a foot of correctness so and area 2' by 2'is about the largest area you should have to cover with the metal detector. Hopefully you can borrow one fro a neighbor, or worst-case rent one for a couple of hours at a local rental center. If the survey is recent within 10 years, it should be accurate to within less than 2 inches. |
#21
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fence "boundary" issue with neighbor
Hot-Text wrote:
boundary is called the yard-line Who yard-line side is the fence on? For I put up a fence I ask the neighbor to go 50/50 with me he said no So I put it on my side of the yard-line and pay for it all 2 year after the neighbor tree fall on it he pay 100% to fix it Nice neighbor! He probably didn't have to. |
#22
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fence "boundary" issue with neighbor
On 08-09-2013 23:56, Bob F wrote:
Hot-Text wrote: boundary is called the yard-line Who yard-line side is the fence on? For I put up a fence I ask the neighbor to go 50/50 with me he said no So I put it on my side of the yard-line and pay for it all 2 year after the neighbor tree fall on it he pay 100% to fix it Nice neighbor! He probably didn't have to. If he has a mortgage, he has insurance. If the "injured party" has insurance, and makes a claim, his insurance company pays well and promptly to avoid wasting time and money in a court case they know they would lose. Then they raise the other guy's rates. The only way he can avoid an increase of premiums is to settle directly and quickly to keep the insurance companies out of it. -- Wes Groleau €œGrant me the serenity to accept those I cannot change; the courage to change the one I can; and the wisdom to know it's me.€ €” unknown |
#23
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fence "boundary" issue with neighbor
boundary is called the yard-line
Who yard-line side is the fence on? For I put up a fence I ask the neighbor to go 50/50 with me he said no So I put it on my side of the yard-line and pay for it all 2 year after the neighbor tree fall on it he pay 100% to fix it Now is it on the Line or no? if it on the the yard-line and you like to have a new fence it 50/50 if it on his side of the yard-line and pay just for the repairs if it on your side of the yard-line and pay for the repairs But he have to put are your yard back to the same or better then before |
#24
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fence "boundary" issue with neighbor
Wes Groleau wrote:
On 08-09-2013 23:56, Bob F wrote: Hot-Text wrote: boundary is called the yard-line Who yard-line side is the fence on? For I put up a fence I ask the neighbor to go 50/50 with me he said no So I put it on my side of the yard-line and pay for it all 2 year after the neighbor tree fall on it he pay 100% to fix it Nice neighbor! He probably didn't have to. If he has a mortgage, he has insurance. If the "injured party" has insurance, and makes a claim, his insurance company pays well and promptly to avoid wasting time and money in a court case they know they would lose. Then they raise the other guy's rates. The only way he can avoid an increase of premiums is to settle directly and quickly to keep the insurance companies out of it. My understanding is that a tree falling is considered an "Act of God", and is the problem of the recipient, not the tree owner - many places anyway. |
#25
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fence issue with neighbor
On Fri, 9 Aug 2013 15:25:02 -0700 (PDT), "
wrote: On Friday, August 9, 2013 5:17:02 PM UTC-4, 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. 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) From the looks of your photos it doesn't appear that strip on your side of the fence was very well landscaped before the work began, so it'll probably be no worse when the dug up soil is removed. Do whatever you can to stay on good terms with your neighbor if that's at all possible. How can you stay on good terms with a neighbor when the neighbor asked if they could pile dirt on your property as part of their renovation project, you clearly told them no, and they did it anyway? THAT created bad terms. And I'm not of the opinion that you should just roll over and let neighbors like this get away with it. If I didn't put them in their place, ever time I saw them I'd be thinking how they stuck it to me and I let them get away with it. Me, I'd call the cops and have them inform the neighbors of the trespass laws. You need to get a gun and go shoot them. |
#26
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fence issue with neighbor
On Fri, 09 Aug 2013 18:54:40 -0700, Tony Hwang
wrote: PV wrote: TomR 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. 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). snip Hi Leza, Welcome back. Frankly, I don't think you have any real problem here. It looks like they are just digging down next to their house to probably parge and/or replace their basement wall on that side, and maybe do some other things there to try to waterproof their basement. They probably had to do the digging by hand (meaning shovels) because there is so little room there. And, they are right that it would have been much more difficult to try to move the dirt out front as they dig. And, it looks like when they are done, they are going to have to put the dirt back in the hole anyway. So, why make them dig the dirt, move it out front, then move it back again to put it back in the whole. And, as someone else wrote, it doesn't appear that you had any real landscaping going on there anyway. If it were me in your situation, I would have just let them do what they are doing and put the dirt on my property, and then move the dirt back off of my property afterward when they re-fill the hole. And, I'm sure their plan is to put the fence back together. They probably covered the dirt with the blue tarp so if it rains the dirt doesn't wash all over the place and maybe even back into the hole that they are digging. My vote is to just let them do what they and leave them alone about it. Good luck. A voice of reason among the cries of the lynch mob, good response and Leza should listen. Hmmm, I concur for the sake of good will between neighbors. If you start a war between neighbors no one wins. OMG, you are going to let the neighbor WALK ALL OVER YOU. CALL THE COPS, Get an injunction. Run up a bunch of legal bills. Get a survey, stop all work till it's surveyed. Call in the Marines. Make life as difficult for the neighbor as possible, it's the only way to prove what a man you are. |
#27
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fence issue with neighbor
"leza wang" wrote in message ...
Hi I just would love to hear your opinion about this.... I had this same problem a few years ago. This is how I handled it.... First, I set up a boom box near the fence and played the same loud and obnoxious song all day, like Cherokee Pow Wow Drums: http://www.youtube.com/watch?v=e9BN7atOD1s Then I took a walk around the neighborhood and scooped up all big bag of dog poop. When they went on break, I smeared the dog poop on their tools. Then, while they were washing their tools, I went around to their truck and smeared dog poop on the door handles (inside and outside), steering wheel, sun visors (both sides) and cup holders. Then, I changed the boombox tune to one of Slim Whitman yodeling: http://www.youtube.com/watch?v=DPgPyDBmY-k Later I ordered Pizza Hut delivered, intercepted the pizza guy, added some sliced dog poop and asked him to deliver it. I instructed him to say it's the new meat-eater bonus pizza. Then finally I bought some corn dogs for them from Weinerschnizel, but first carefully cut open the crust and replaced the weiners with dog poop, and closed them back. Good luck! |
#28
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fence issue with neighbor
"leza wang" wrote in message ...
Hi I just would love to hear your opinion about this.... Butt seriously.... I think you're probalby in the right, and I'd say you're handling it very well. If the men did no damage, just wait for them to finish and clean it up. But be sure to tell your neighbor now what happened. A good neighbor would be at least embarassed and would appreciate your not making a big deal out of it. About the fence, you do need to know on whose property the fence is sitting. If it's on your side, you can insist that they restore or replace that section. If it's on the neighbor's side, you could either toss the wood back over, or (what I would do) keep the wood and fasten it back to the fence yourself after all is over. |
#29
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fence issue with neighbor
On Fri, 09 Aug 2013 17:31:00 -0500, Lonesome Dove
wrote: 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 I wouldn't sign anything like that. 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. This sounds a little like extortion. 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. This sounds even more like extortion, if one is admitting the charges are likely invalid, but they will have to pay lawyers. This may sound unfair to you and even to me, but it was either here or the legal newsgroup where there was a discussion of the boundary between extortion and legal behaviour, and iirc this is either right on the boundary, or it's extortion. . I would google groups for those discussions and then check with a lawyer before I made any threats. 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. Of course things are different in the city. Although extortion might be the same. ** Lonesome Dove |
#30
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fence "boundary" issue with neighbor
On Fri, 9 Aug 2013 22:34:50 -0700, "Bob F"
wrote: Wes Groleau wrote: On 08-09-2013 23:56, Bob F wrote: Hot-Text wrote: boundary is called the yard-line Who yard-line side is the fence on? I've heard of yard lines in football, never for real estate. Maybe where you live it is. What part of the country are you posting from? What country? ;-) Do you mean property line? For I put up a fence I ask the neighbor to go 50/50 with me he said no So I put it on my side of the yard-line and pay for it all 2 year after the neighbor tree fall on it he pay 100% to fix it My understanding is that a tree falling is considered an "Act of God", and is the problem of the recipient, not the tree owner - many places anyway. Not if the tree is sick (dying?), and subject to falling over, and that is apparent from the outside of the tree, then the owner knew or should have known that the tree might fall over, and he's usually liable. If a tree or part of a tree never has any leaves, or if one can see rotting wood in it, those are good signs that it's dead or dying. It's a good idea if someone B on adjacent property sees that a neighbor C's tree or part of his tree is sick, if B notifies C. |
#31
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fence issue with neighbor
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? 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. 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. 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. 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. 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. can each of us do anything with the fence without telling the other if they can do this or that? Only if it belongs entirely to one or the other of you. But even then, it usually pays to keep one's neighbor informed. For example, I don't think the frame of the fence looks bad, with the possible exception of the top foot (which I can't see very well) So after he's done, and if you're sure you wont' need to pile dirt on his side of the fence, I would nail some planks to side of the fence facing you, and then paint them a nice color. He might want to do the same on ihs side. That's if you want to have a fence. Maybe you don't really want one like some of the later posters say. 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) From the looks of your photos it doesn't appear that strip on your side of the fence was very well landscaped before the work began, so it'll probably be no worse when the dug up soil is removed. I agree very strongly. And while you call it a mess, Lisa, it wasn't very pretty before hand either, was it. Given the close quarters, and the amount of extra work they had to do, I would have let them put down the tarp and use your space from the start. (Was there no other way to get to the back yard, not from the other side of the house, not from the rear. At least you could go though the house.) Do whatever you can to stay on good terms with your neighbor if that's at all possible. It's no fun to have to go on living that close to someone your at odds with. Again, I agree very strongly. Wishing you good luck, Jeff 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. 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. |
#32
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fence "boundary" issue with neighbor
"Bob F" wrote in message
... Hot-Text wrote: boundary is called the yard-line Who yard-line side is the fence on? For I put up a fence I ask the neighbor to go 50/50 with me he said no So I put it on my side of the yard-line and pay for it all 2 year after the neighbor tree fall on it he pay 100% to fix it Nice neighbor! He probably didn't have to. His old tree LOOL Nice neighbor Yes after I sue him my yard my fence my win |
#33
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fence "boundary" issue with neighbor
"Wes Groleau" wrote in message
... On 08-09-2013 23:56, Bob F wrote: Hot-Text wrote: boundary is called the yard-line Who yard-line side is the fence on? For I put up a fence I ask the neighbor to go 50/50 with me he said no So I put it on my side of the yard-line and pay for it all 2 year after the neighbor tree fall on it he pay 100% to fix it Nice neighbor! He probably didn't have to. If he has a mortgage, he has insurance. If the "injured party" has insurance, and makes a claim, his insurance company pays well and promptly to avoid wasting time and money in a court case they know they would lose. Then they raise the other guy's rates. The only way he can avoid an increase of premiums is to settle directly and quickly to keep the insurance companies out of it. True his insurance company believe it was on the boundary and was go to pay him haft And it would have been if he did the 50/50 with me But I no fool if I pay a 100% it be 100% mine and 100% in my a $7,259.68 for 15 feet of fence Will the neighbor buy my home after two more years now It's his son 10 'x 400' x 3" Iron fence |
#34
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fence issue with neighbor
"leza wang" wrote in message
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) One of you owns the fence. Which of you? You would have to look at the property description(s) and do some measuring or hire a surveyor. I suppose it is possible that the fence was originally built dead on the property line via mutual agreement between the two property owners but that would be a recurring nightmare. Since you told the neighbor NOT to put the excavated material in your yard they should not have done so. Since that was done anyway and you acquiesed, you are now stuck with it. Frankly, I don't see the harm as there really isn't any landscaping be messed up/ -- dadiOH ____________________________ Winters getting colder? Tired of the rat race? Taxes out of hand? Maybe just ready for a change? Check it out... http://www.floridaloghouse.net |
#35
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fence "boundary" issue with neighbor
micky wrote:
On Fri, 9 Aug 2013 22:34:50 -0700, "Bob F" wrote: ....snip... My understanding is that a tree falling is considered an "Act of God", and is the problem of the recipient, not the tree owner - many places anyway. Not if the tree is sick (dying?), and subject to falling over, and that is apparent from the outside of the tree, then the owner knew or should have known that the tree might fall over, and he's usually liable. ....snip... We'll see... The neighbor's tree dropped a large limp on my house, fence and deck. My insurance company paid for all cleanup and repairs. They also notified the neighbor's insurance company that in their opinion the tree was not in good health and if any of the remaining limps fell on my property my ins co would go after them for the cost of cleanup. We'll see what happens when it happens. |
#36
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fence issue with neighbor
On Sat, 10 Aug 2013 06:44:09 -0400, "dadiOH"
wrote: One of you owns the fence. Which of you? You would have to look at the property description(s) and do some measuring or hire a surveyor. I suppose it is possible that the fence was originally built dead on the property line via mutual agreement between the two property owners but that would be a recurring nightmare. When I lived in Philly, many of the houses shared a fence. Very common practice. Don't know of any disputes. |
#37
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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. |
#38
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fence issue with neighbor
On Friday, August 9, 2013 8:54:44 PM UTC-4, Tony Hwang wrote:
PV wrote: TomR 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. 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). snip Hi Leza, Welcome back. Frankly, I don't think you have any real problem here. It looks like they are just digging down next to their house to probably parge and/or replace their basement wall on that side, and maybe do some other things there to try to waterproof their basement. They probably had to do the digging by hand (meaning shovels) because there is so little room there. And, they are right that it would have been much more difficult to try to move the dirt out front as they dig. And, it looks like when they are done, they are going to have to put the dirt back in the hole anyway. So, why make them dig the dirt, move it out front, then move it back again to put it back in the whole. And, as someone else wrote, it doesn't appear that you had any real landscaping going on there anyway. If it were me in your situation, I would have just let them do what they are doing and put the dirt on my property, and then move the dirt back off of my property afterward when they re-fill the hole. And, I'm sure their plan is to put the fence back together. They probably covered the dirt with the blue tarp so if it rains the dirt doesn't wash all over the place and maybe even back into the hole that they are digging. My vote is to just let them do what they and leave them alone about it. Good luck. A voice of reason among the cries of the lynch mob, good response and Leza should listen. Hmmm, I concur for the sake of good will between neighbors. If you start a war between neighbors no one wins. The war has already been started and it was clearly started by the neighbor. Maybe you will let people walk all over you and treat you like some bitch, but it's not my way. |
#39
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fence issue with neighbor
On Friday, August 9, 2013 9:27:47 PM UTC-4, Dean Hoffman wrote:
On 8/9/13 2:42 PM, 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). Some cut. Tom R's advice seems the most sensible assuming the neighbors are easy to get along with. In your experience are neighbors who pile dirt onto your property and house after asking if they can do that and being told no, easy to get along with? |
#40
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fence "boundary" issue with neighbor
On Saturday, August 10, 2013 1:34:50 AM UTC-4, Bob F wrote:
Wes Groleau wrote: On 08-09-2013 23:56, Bob F wrote: Hot-Text wrote: boundary is called the yard-line Who yard-line side is the fence on? For I put up a fence I ask the neighbor to go 50/50 with me he said no So I put it on my side of the yard-line and pay for it all 2 year after the neighbor tree fall on it he pay 100% to fix it Nice neighbor! He probably didn't have to. If he has a mortgage, he has insurance. If the "injured party" has insurance, and makes a claim, his insurance company pays well and promptly to avoid wasting time and money in a court case they know they would lose. Then they raise the other guy's rates. The only way he can avoid an increase of premiums is to settle directly and quickly to keep the insurance companies out of it. My understanding is that a tree falling is considered an "Act of God", and is the problem of the recipient, not the tree owner - many places anyway. That is correct, assuming the tree had no obvious signs of decay, rot, etc. If a normal looking tree from your property crashes down onto a neighbor's property during a storm and causes damage, generally you are not responsible for the damage. If the tree had rot, or an expert told you it was in danger of falling down, etc and you did nothing about it, then you are generally liable. |
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