[quote]dk44 wrote:
More importantly than the gate (I don’t know which house is yours) but I would be more concerned with the big ass blue snake on the roof, he looks pissed about that gate. [/quote]
lmao!!!
[quote]dk44 wrote:
More importantly than the gate (I don’t know which house is yours) but I would be more concerned with the big ass blue snake on the roof, he looks pissed about that gate. [/quote]
lmao!!!
Good responses. The snake stays. he protects us from territory-complaining turds.
I am in california, glad to know tons of T people know their property laws.
We have lived here for over 10 years and that fence has always been there. The turds moved in just a few years ago. Does the adverse property thing work in this casE?
And regarding the surveying, his ‘boundary’ is indicated by the surveyer with a red string spanning across the boundary. The string is held in place an inch or two above the ground with a metal stud, so he probably has one @ the back of the property to connect the string. However upon inspection, there are TWO studs. Here’s a pic.
http://img23.imageshack.us/img23/401/65825004.jpg
Is there a reason he has 2? Sounds like funny business to me, adding in one further away and attaching the string to it but I could be wrong and this is some sort of standard procedure.
Are any of the stakes new? These are called monuments and are usually considered absolute. If the stake in question is new it sounds like his surveyor may have added it and it could be questioned (at a cost). If it is old your screwed.
Anything can be fought in court but what is it worth to you. I’m guessing that if the cost of a survey is too much, it will be cheaper to change the gate.
If it costs you nothing (nearly) and you get lucky with the law then cool, but personally I would just cut the gate.
I mean you can probably do that for free if you have some tools.
Here’s my advice, knowing surveying and tolerances:
Talk to your neighbor for a minute. First ask him if the 1.5" is REALLY that important to him, that would require construction to be done on the gate which is already there. If it is that important, then tell him that you want a professional surveying inquiry done before you will consent to any modifications to your fence.
If possible, get a county surveyor because they’re usually cheaper, have more immediate access to the county tax records, and will be more neutral. Surveying is fairly accurate and while GPS technology makes it much easier to be accurate, an inch of difference is easy to lose depending on the measurement method used (most people use lasers, but depending on the length, even 0.1 degrees off can be an inch…).
If he refuses all of the above options, then simply tell him that he has to pay for all costs incurred by the 1.5" of gate that has to be removed. You said that the gate was already there when you moved in, correct? So it was not your fault that the gate “intrudes” and therefore aren’t responsible for the gate and he didn’t raise complaint when it was constructed.
Heh heh… good fences make good neighbors.
If what he said was true, meaning a land surveyor came out and took “shots” of the plot boundary, then just ask him for the information, tell him you would like to see the said drawing of the two houses “Stamped and Signed” with the professional’s information, this is basiclly what you could do without trying to spend any money.
If this was me, this is what i would ask him to do, before anymore construction was done…
[quote]pushmepullme wrote:
I represented a client in an adverse possession/prescriptive easement case that dragged on for two years and cost something like $80,000, for about 100 square feet of property.
Just so ya know.[/quote]
EXACTLY!!!
iv seen this situation beforee as a hard landscaper. IT IS NOT WORTH THE EFFORT. this guy want 1.5inches? so what? its not worth the money or the continuing agro with your neighbour.
he can’t build a wall if he’s dead…just sayin.
I’d get my neighbor to agree in writing that he’ll compensate me for my time, aggravation, and loss of fence, and then I’d remove it myself.
Once the work is done, I’d present him with my bill. I’d gouge the fucking hell out of him on the labor costs and take home a nice profit for a fence I didn’t really care about.
Charge $150 per hour for labor, and take all weekend to get the fence down, the holes filled, the scrap removed, and all other damage repaired.
Then smirk at your pushy neighbor when he’s two grand lighter for 1.5" of yard.
[quote]samdan wrote:
Here’s my advice, knowing surveying and tolerances:
Talk to your neighbor for a minute. First ask him if the 1.5" is REALLY that important to him, that would require construction to be done on the gate which is already there. If it is that important, then tell him that you want a professional surveying inquiry done before you will consent to any modifications to your fence.
If possible, get a county surveyor because they’re usually cheaper, have more immediate access to the county tax records, and will be more neutral. Surveying is fairly accurate and while GPS technology makes it much easier to be accurate, an inch of difference is easy to lose depending on the measurement method used (most people use lasers, but depending on the length, even 0.1 degrees off can be an inch…).
If he refuses all of the above options, then simply tell him that he has to pay for all costs incurred by the 1.5" of gate that has to be removed. You said that the gate was already there when you moved in, correct? So it was not your fault that the gate “intrudes” and therefore aren’t responsible for the gate and he didn’t raise complaint when it was constructed.[/quote]
No we added the gate, see the first picture, the red thing extending from our house to the wire fence. The wire fence they claimed was on THEIR plot of land according to their surveyor mark, so he claims whatever is on his property is his. Firstly that surveyor mark might be bs. Secondly, is whatever on his property definitely his?
He claimed the surveyor used ‘lasers’, probably the lighbeam one.
He didn’t live here when our gate was constructed, they moved in after but never mentioned it.
Also he claims since it protrudes into his territory, he has the right to cut the gate if he wishes, is this true?
I doubt he paid for a professional survey, they’re expensive. Challange him on his “survey” if it seems legit ask him to help you with your gate. If it’s not legit, tell him he either has to honor the previous fence line or pay for a real survey to get done.
Based on one of your diagrams, my guess is there is a small deadzone between your properties and he is using your peg to draw his line. In other words, he’s stealing a couple of inches of land from you.
[quote]AzAthlete008 wrote:
If what he said was true, meaning a land surveyor came out and took “shots” of the plot boundary, then just ask him for the information, tell him you would like to see the said drawing of the two houses “Stamped and Signed” with the professional’s information, this is basiclly what you could do without trying to spend any money.
If this was me, this is what i would ask him to do, before anymore construction was done…[/quote]
Is it my right to request this information without problems (ie paying for it, etc) or can they claim it’s private information? Iwould like to do this; however I do not have knowledge of lightbeam surveying. The surveyor definitely would not admit a mistake if he made 1 since it would probably cost him.
Tell him to stop being a fucking dick head.
[quote]on edge wrote:
I doubt he paid for a professional survey, they’re expensive. Challange him on his “survey” if it seems legit ask him to help you with your gate. If it’s not legit, tell him he either has to honor the previous fence line or pay for a real survey to get done.
Based on one of your diagrams, my guess is there is a small deadzone between your properties and he is using your peg to draw his line. In other words, he’s stealing a couple of inches of land from you.[/quote]
Those pegs their surveyor inserted, they are not ours.
My thought was they added a few inches, else why would they have two that are different distances?
His survey has some paint thing with an x and some letters/numbers on the sidewalk in orange. Looks legit but will ask.
[quote]kickureface wrote:
AzAthlete008 wrote:
If what he said was true, meaning a land surveyor came out and took “shots” of the plot boundary, then just ask him for the information, tell him you would like to see the said drawing of the two houses “Stamped and Signed” with the professional’s information, this is basiclly what you could do without trying to spend any money.
If this was me, this is what i would ask him to do, before anymore construction was done…
Is it my right to request this information without problems (ie paying for it, etc) or can they claim it’s private information? Iwould like to do this; however I do not have knowledge of lightbeam surveying. The surveyor definitely would not admit a mistake if he made 1 since it would probably cost him.
[/quote]
Are you in good standing with your neighbor? It seems you have miscommunication problems?
But all im sayin’ is if this is true, what your neighbor is saying, then why would it be a problem to show you the information? This would remedy the problem quickly. If i was your neighbor, i would at least have the decency to show this to you so you wouldn’t think i was taking advantage of the situation
I would simply ask him if the surveyor has a professional surveying license. And if he did where is the information. Make sure you ask him if the drawing was “stamped and signed” This means he did it to the best of his ability, in the surveyor’s defense…
Any yes he does not have to show you if he doesn’t really want to but why is he being a dick if this is correct information? Bottom line, something smells, and it sounds like it’s your neighbor’s B.S…
He’s a dick to be honest. And he threw a hissy fit when we declined paying for half his wall and having the wall half on our property 2-4 yrs ago when the fence was fine for us. He would no longer respond when we say Hi and would basically ignore us. one time we had some tools and equipment and buckets leaning against the fence near the back and he started THROWING them onto our driveway and in our trees. Some things were tossed probably 15+ feet.
He just naturally is faggy.
His friend came over, a general contractor apparently, to translate and he suggested to latch our gate onto his wall which required drilling. He said no it will damage his wall when our gate closes and slides in place (the gate closes @ a point several feet into our property and the protruding part is just part of the gate’s door we can open/close).
So clearly there is no problem; but he’s just a dick about it
[quote]kickureface wrote:
He’s a dick to be honest. And he threw a hissy fit when we declined paying for half his wall and having the wall half on our property 2-4 yrs ago when the fence was fine for us. He would no longer respond when we say Hi and would basically ignore us. one time we had some tools and equipment and buckets leaning against the fence near the back and he started THROWING them onto our driveway and in our trees. Some things were tossed probably 15+ feet.
He just naturally is faggy.
His friend came over, a general contractor apparently, to translate and he suggested to latch our gate onto his wall which required drilling. He said no it will damage his wall when our gate closes and slides in place (the gate closes @ a point several feet into our property and the protruding part is just part of the gate’s door we can open/close).
So clearly there is no problem; but he’s just a dick about it[/quote]
i’m confused, don’t most neighbors share the expense of a fence or a wall that is on the property line?
why didn’t you pay for half?
and why don’t you just get your ass down to the county recorders office and see what is on file for your property and his property?
[quote]OctoberGirl wrote:
kickureface wrote:
He’s a dick to be honest. And he threw a hissy fit when we declined paying for half his wall and having the wall half on our property 2-4 yrs ago when the fence was fine for us. He would no longer respond when we say Hi and would basically ignore us. one time we had some tools and equipment and buckets leaning against the fence near the back and he started THROWING them onto our driveway and in our trees. Some things were tossed probably 15+ feet.
He just naturally is faggy.
His friend came over, a general contractor apparently, to translate and he suggested to latch our gate onto his wall which required drilling. He said no it will damage his wall when our gate closes and slides in place (the gate closes @ a point several feet into our property and the protruding part is just part of the gate’s door we can open/close).
So clearly there is no problem; but he’s just a dick about it
i’m confused, don’t most neighbors share the expense of a fence or a wall that is on the property line?
why didn’t you pay for half?
and why don’t you just get your ass down to the county recorders office and see what is on file for your property and his property?
[/quote]
They already have a fence. Why should he pay for half because this guy wants something new?
To OP, your situation sounds bad. Sucks. Find something that pisses him off and start doing it all the time. You should have threatened him with the police when he threw your belongings around. You are being bullied by him.
He would have to come into your yard to cut the fence, no?
In addition to the advice being given about finding out whether or not he even has the right to cut the fence, get a big ass dog and keep him in your front yard.