fence issue with neighbor

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<stuff snipped>

You sly SOB. How did you know I was going to say the same damn thing!?

It's almost karmic how what was probably a "feud" fence is working its unfriendly magic again years and years later. This is a case where despite some bumps in the road, the end result promises to be noticeable improvements on both sides of the fence. If Leza ever needs to access her neighbor's land to work on her house, not going apeshit this time could make that future incursion go a lot more smoothly. Of course, there are some people who think if you don't address every slight, imagined or not, your manhood will be questioned and you'll be bitch-slapped for the rest of time. What a way *not* to live.

Absolutely. In my (rational, I think) world it takes more than an isolated single incident that could be explained by a communications failure to brand a neighbor an asshole. Leza should keep that camera working overtime just in case the neighbors *are* assholes. I say it's way too early to tell if they're incorrigible and that doing the exact wrong thing could easily turn them into permanent assholes who will try to screw you at every opportunity. That's no way to live.
--
Bobby G.

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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:

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On Fri, 9 Aug 2013 17:58:47 -0400, "Stormin Mormon"

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
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On Friday, August 9, 2013 6:31:00 PM UTC-4, Lonesome Dove wrote:

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

The problem of course is that the neighbor has already taken a dump in her lap.
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On Fri, 9 Aug 2013 15:44:08 -0700 (PDT), " snipped-for-privacy@optonline.net"

You misread my response. The filing of the charges is the result of them failing to sing an agreement, not violating an agreement.

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<stuff snipped>

What key should they sing it in? (-:
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Bobby G.




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On Sat, 10 Aug 2013 23:36:15 -0400, "Robert Green"

Bb with a C6th or an E9th steel ** Lonesome Dove
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The conversation is way off bass. The offending neighbor should slip a tenor, and that would hit the right note. No reason for this to reach a crescendo, as long as they are octavely trying to reach harmony. Sadly, they are off to a sour note. If I'm in tune, I can hear the discord. My humor goes a bit awry, no off-fence intended.
. Christopher A. Young Learn about Jesus www.lds.org .
On 8/11/2013 9:21 AM, Lonesome Dove wrote:

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But it does have a certain rhythm to it. ** Lonesome Dove
On Sun, 11 Aug 2013 09:59:35 -0400, Stormin Mormon

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You got me beat, there, that's neat, fair.
. Christopher A. Young Learn about Jesus www.lds.org .
On 8/11/2013 12:04 PM, Lonesome Dove wrote:

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Well done
On Sun, 11 Aug 2013 09:59:35 -0400, Stormin Mormon

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On Fri, 09 Aug 2013 17:31:00 -0500, Lonesome Dove

I wouldn't sign anything like that.

This sounds a little like extortion.

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.

Of course things are different in the city. Although extortion might be the same.

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wrote:

Then I'd file trespass and vandalism charges against you and let you pay a lawyer to defend that.

And you could run that up the flag pole and see how it turns out.

You guys don't seem to read very well.

A claim of encroachment is not extortion. I didn't quite make it to graduation at Bates College of Law but I did stay in a Holiday Inn several times and I survived both "Torts" and "Contracts" classes. Plus I've filed many small claims cases and have never lost one. I'm not the smartest guy on the block but I'm not the dumbest either.

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On Friday, August 9, 2013 2:42:55 PM UTC-5, leza wang wrote:

tween our house and neighbor. None of us build the fence. We bought the hou ses and the fence was/is there. The neighbor are now doing waterproof the b asement. So they are digging the area close to fence. They asked me if I wi ll 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 a re 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/neighb or 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 ano ther day. They asked kindly so I said that is ok but I want it to be remove d 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 b ut 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 l ot. 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 ne ighbors. Also you should be very happy that they are trying to improve the ir 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 th e 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 the re 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 bo undaries and you can then measure backwards from the house to find the prop erty 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 mark ers are usually iron and may be buried a few inches below the surface. Yo u 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 are a 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.
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On Fri, 9 Aug 2013 15:27:47 -0700 (PDT), " snipped-for-privacy@sbcglobal.net"

be

If the survey is recent within 10 years, it should be accurate to within less than 2 inches.
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On 8/9/13 2:42 PM, leza wang wrote:

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.
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On Friday, August 9, 2013 9:27:47 PM UTC-4, Dean Hoffman wrote:

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?
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snipped-for-privacy@optonline.net wrote:

To me, it wouldn't matter if the neighbors were morons or complete doofuses or even arrogant. I wouldn't lose any sleep over it. Just "keep your eyes on the prize" and give them a chance to put the dirt back in the whole and finish the job.
And, yes, I like the idea of asking them to just remove the whole fence while they are at it rather than trying to put it back up. As others mentioned, it is in a bad location and makes it harder for Leza to do work on her own house -- including if she ends up having to dig out her side on the outsider to waterproof her own basement.
Or, Leza could just get a gun, walk over to them, put it up to her own head and if you don't stop I'll shoot, and if they laugh tell them, Don't laugh, you're next. (okay, I'm not much of a comedian, but you get the idea -- let it go and move on).
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TomR wrote:

Okay, I meant put the dirt back into the hole, not the whole, but you get the idea.
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On 8/10/13 5:19 PM, TomR wrote:

Now ya dun it. You triggered a memory of the Blazing Saddles movie. http://tinyurl.com/n59s7am About 2:35 into the clip.
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