Property question

Page 2 of 2  


Either way, obstacles designed to cause damage or injury *will* bring out the ambulance chasers by the bus load.
Add pictures here
<% if( /^image/.test(type) ){ %>
<% } %>
<%-name%>
Add image file
Upload
wrote:

Yes, they had something like that at the entrance to Czechoslovakia, when I was there in 1975, but I think the pieces were longer and mounted in concrete. Anti-tank barricades he could have.

The setback rules apply to fences parallel to the street, right? He's talking about a fence perpendicular to the street, I would think, though he gave few details.

Add pictures here
<% if( /^image/.test(type) ){ %>
<% } %>
<%-name%>
Add image file
Upload

Setbacks can be side setbacks, as well. They usually apply to structures but there is no reason they couldn't apply to fences, too.
Add pictures here
<% if( /^image/.test(type) ){ %>
<% } %>
<%-name%>
Add image file
Upload
In typed:

Actually, I think I'd opt for a fence since it takes so little real estate away from the overall. With a ditch that didn't previously exist, I'd think you'd run the risk of softening the soil on the neighbor's side, which you might be declared responsible for. OTOH if it pre-existed, as I think you indicated, and if the new ditch outperformed the drainage of the old ditch, then it could only be an improvement for the neighbor. Depending of course, on what happened at the final point where the water is directed to. Ditches can be tridky things. The trick will be to document that and hopefully get a record of the inspector's comments showing it was improved just in case there is future trouble.
I love rural living; nothing but wildlife to complain about the edges of my meager 5 acres or nirvana.
HTH,
Twayne`
--
--
Newsgroups are great places to get assistance.
  Click to see the full signature.
Add pictures here
<% if( /^image/.test(type) ){ %>
<% } %>
<%-name%>
Add image file
Upload
wrote:

Not your last line. This poor guy has big truck chomping at his yard and you're touting your 5 rural acres.
You have to write for your audience (although people already in the country or considering moving really qualify here.)

Add pictures here
<% if( /^image/.test(type) ){ %>
<% } %>
<%-name%>
Add image file
Upload
In typed: ...

No idea what "Not your last line" could mean.

I did, if you look at it, and I added a sort of side-bar at the end. You're talking to one who owned their homes in SanDiego for 8 years and Chicago's Northwest side for 15 years before retiring here in God's country, so I'm pretty well versed in the concept of neighbors et al. Although we always had good neighbors whether we rented or owned, the OP has some valid concerns and hopefully will get something worked out. I didn't open the can of worms, but I can only really see the described situation happening on a home on a corner lot of two usable roads meeting at an intersection, T or possibly just a sharp curve, so possibly something is missing from the detail. But since this sounds, to me at least, like a yard that borders another, the other of which has been turned into a byway for trucks owned by whomever, like it goes into code requirements. Thinking more about that, and assuming both are private property or a private/commercially zoned property, why would a residential zone butt to a commercial zone? Where's the buffer/berm/whatever that is supposed to separate them? With the given information so far it doesn't line up well for only one specific situation, creating one specific answer. I didn't bring any of that up because I don't know the answers to them or whether any locality would allow such zones to butt each other without having rights-of-way declared or other separation requirments. Or is this some kind of "Appalachian" area where no zones exist? I doubt it because very few such areas exist anywhere in the US any longer, the country in question being another detail not mentioned. Canada, Mexico and the US all work it out differently. I think the best advice for the OP would be to look into local zoning and enforcment offices for, if nothing else, at least a referral to the proper office and at best the availability of a statement of the requirements. Should the OP not be a thinking person, he could end up in legal woes by taking the wrong advice here.
HTH,
Twayne`
--
Newsgroups are great places to get assistance.
But always verify important information with
  Click to see the full signature.
Add pictures here
<% if( /^image/.test(type) ){ %>
<% } %>
<%-name%>
Add image file
Upload
In typed:

Not too sure a ditch would be cheaper; unless aesthetics were an issie all a fence needs to be is posts, metal or wood, drive into the groung and the metal fabric hung on them. A ditch would have to be measured to be sure of a minimum grade the whole length so water didn't stand still in it or collect in it or even, depending on what's at either end, run backwards during a heavy rain. Ditches can be a little tricky.
HTH,
Twayne` -
--
Newsgroups are great places to get assistance.
But always verify important information with
  Click to see the full signature.
Add pictures here
<% if( /^image/.test(type) ){ %>
<% } %>
<%-name%>
Add image file
Upload

An expensive fence so they get to replace it every time they so much as scratch it.
Add pictures here
<% if( /^image/.test(type) ){ %>
<% } %>
<%-name%>
Add image file
Upload
"LSMFT" wrote

Depends on what you mean and what the ditch is to do. Say you are just digging a french drain to carry runoff and NOT diverting it into their yard, this is probably not a problem (though you may need a permit). Be careful of any utilities down there. You will be responsible for any service disruptions if you for example take out their cable TV, phone etc.
Also, if they have a fence or wall and you dig too close and de-stabilize it, yes you will be responsible for any and all repairs including cost to backfill your ditch and dig it closer to your house so it doesnt interfere with their property. Finally, if you meant if the neighbor was responsible to remove any dirt from their yard that slides into your ditch, no, they are not. The only dirt that should slide in is your own or you built it to close and broke easement codes.
Add pictures here
<% if( /^image/.test(type) ){ %>
<% } %>
<%-name%>
Add image file
Upload
LSMFT wrote:

What do you mean "responsible?" If you mean liable for damage to his property caused by actions on yours, the answer is yes.
Suppose the land that slides into your ditch contained your neighbor's home?
If you dig a hole for a foundation that causes his nearby building to collapse, you are civilly liable for the damage to his property - and may be criminally liable for any deaths caused by your action.
If you plant a tree on your property (or build a structure) such that the tree interferes with your neighbor's solar collector or TV reception, you will be compelled to take down the tree. Likewise, if the tree was there first, the problem belongs entirely to your neighbor.
In other words, you cannot compel your neighbor to take defensive measures to protect his property in response to something you do on yours. Any diminishment of one's peaceable enjoyment of their own property brought about by actions of another are the "responsibility" of the other to correct.
Plus, he may shoot you.
Add pictures here
<% if( /^image/.test(type) ){ %>
<% } %>
<%-name%>
Add image file
Upload

== Would that be before or after half of his yard slid into the "ditch" when the rains came? ==
Add pictures here
<% if( /^image/.test(type) ){ %>
<% } %>
<%-name%>
Add image file
Upload
Roy wrote:

That depends on several factors: how excitable he is, whether he already owns a gun, etc.
Add pictures here
<% if( /^image/.test(type) ){ %>
<% } %>
<%-name%>
Add image file
Upload

In virtually every state I've dealt with, you owe the adjoining owners what is called "lateral support" of their property when making any modifications to yours. For instance, if you and a neighbor share a hillside, with his property above yours, you do NOT have any obligation to reinforce existing grades to support his property, but if you dig a ditch and that causes his property to shift, then you are in a difficult situation.
Obviously, this only addresses your specific question and doesn't explore zoning, building codes, setbacks etc.
--
Nonny
When we talk to God, we're praying,
  Click to see the full signature.
Add pictures here
<% if( /^image/.test(type) ){ %>
<% } %>
<%-name%>
Add image file
Upload

I would think so. Plus, a ditch is not exactly a good thing, I've seen some hazardous ones. Maybe you can bury some perforated pipe?
Add pictures here
<% if( /^image/.test(type) ){ %>
<% } %>
<%-name%>
Add image file
Upload

Related Threads

    HomeOwnersHub.com is a website for homeowners and building and maintenance pros. It is not affiliated with any of the manufacturers or service providers discussed here. All logos and trade names are the property of their respective owners.