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.
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.
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
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.
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
On 8/11/2013 9:21 AM, Lonesome Dove wrote:
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
Of course things are different in the city. Although extortion
might be the same.
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.
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.
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.
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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