Inconsiderate Neighbor?

   / Inconsiderate Neighbor? #1  

LilRhody

Bronze Member
Joined
Jan 28, 2001
Messages
55
Location
Rhode Island
Tractor
John Deere 4100 HST
Kind of taking a survey here: My neighbor is building an oversized three car garage with an apartment over it. He boasts that "its illegal for me to do it, but, what is the Town going to do to me?" I have several concerns; most importantly is the fact that my neighbors property is uphill from me. This apartment/garage is near my property line and only about 500 feet from my well. I doubt there is a septic system installed and we all know how gravity works. My well is 400 feet deep. Does any of this pose a problem with my well water? I could care less what this guy does on his land, but, don't even think about messing with my well water for my family! I also found out that he chopped down one of my trees that got blown over. He is quick to point out that he has over 20 acres. However, I have taken note of the surveyor's marks and they seem to conflict with his painted trees going along the boundry. What kind of advice can you folks give me. Keep in mind that I have only been on my land for three months...he has been living there for thirteen years. I plan on living here for the rest of my years and want to try and keep things civil.

Thanks...Steve in RI
 
   / Inconsiderate Neighbor? #2  
I would do two things very quickly, before anything more happens.

1) Get a survey done. If you are not confident in the survey markers, and his "pushing the fence line", then have the property lines double checked by a reputable surveyer.

2) Call his bluff on the building. The Town can stop him, and they can fine him. There are regulations for how close you can build to property lines, and to existing wells. It would be better to pursue it now, than to try and deal with it when you find your well contaminated.

I would at least inquire with the County to make sure he pulled the right permits and such.

Our neighbors called in the guy that built our house(7 years before we bought...) The guy was dumping construction trash and junk in a old mine shaft, and trying to cover it. The County made him clean it out. His house was two houses down the road; he didn't get along with everyone much after that... But, all that trash, and paint buckets and stuff could have harmed wells and water supply.

It sounds like he's kind of a jerk. I'm sure he will not be any nicer if you call the town and county building folks on him. But, you need to protect your water/well.

Does the fence line at least match the surveyors lines?

RobertN in Shingle Springs Calif
 
   / Inconsiderate Neighbor? #3  
Steve, I can sure feel for you. I have had lots of trouble with a neighbor. I have an easement thru his property, for that and several other reasons, there has been friction between us for some time.
RobertN is right on with his comments. If he has violated a law or ordinance, then the town sure can do something. If it is a deed restriction, then he is open for a civil suit.
I will add this advice. Whenever possible, do anything to firm up your boundries. Put up a fence, drive stakes into the ground, anything.

Ernie
"I shall never surrender or retreat" William Barret Travis
 
   / Inconsiderate Neighbor? #4  
Ernieb:
......and we all know what happened to Travis don't we?
 
   / Inconsiderate Neighbor? #5  
Steve,

I don't know about the laws where you live, but out here, even in unincorporated areas (like where I live), the county can assess permits plus fines retroactively against illegal construction. They go double-bad on polluters. Will fine them for not getting perk tests plus everything that follows.

Other advise before me is dead-on.



The GlueGuy
 
   / Inconsiderate Neighbor? #6  
DennisY, I can't answer for we, but I do know, for one thing, he kept true to his words and died 164 years ago today. There is alot more I don't know about Travis, then what I do know.

Ernie
"I shall never surrender or retreat" William Barret Travis<P ID="edit"><FONT SIZE=-1>Edited by ERNIEB on 03/06/01 07:40 PM (server time).</FONT></P>
 
   / Inconsiderate Neighbor? #7  
Well Let me put my $.02 in on this one. I have no problem with what another person wants to do with his property. I feel like he bought it, as I did mine, and it his to do with as he wishes. And if He builds something I don't like, I'm free to move.This is of course within local laws and restrictions. Outside of cities, counties have building regulations to protect "neighbors" and thier property values. Most of these "regulations" I personally disagree with. If I want to control the property next to mine, its my belief that I should buy that property.

That being said, My neighbor has no right to my property. If you have only been on the property for the three month, you should know the survey marks, and not rely on the neighbors word. If you have lost your survey marks, I suggest that you have the property survey'd again, in your presence and follow that with a good fence to mark the property line. In some states if you build the fence in the wrong place it could be to your neighbors benifit, and some times it difficult to change. even through you pay taxes on the property. It is said that good fences make good neighbors.
Just my $.02

Rick
 
   / Inconsiderate Neighbor? #8  
The surveyors marked the trees that were within one foot of the line or trees that are line trees. Where the are no line trees or near line trees owners will paint a tree within 50' foot of one side of the line. This gives notice to trespasers. I have also seen people drive steel fence post in areas where there are no good line trees and then paint the post. Most painted lines are not that straight but the surveyors marked lines are even if the distance between the marks are 100s of feet and over rough terain.
 
   / Inconsiderate Neighbor? #9  
Steve,
By all means call the county and/or city and get the guy checked out. If he does it right he will have to have a septic and everything done right. The laws are there to protect against bozos like this so that we can enjoy the land that we bought without having to worry about ground contamination and things like that. As far as a property line build a fence asap. It only takes one jerk to drive down property values.

18-35034-TRACTO~1.GIF
 
   / Inconsiderate Neighbor? #10  
A survey would be a good idea, and see if some other neighbors in the area would like one, as sometimes a substantial savings can be realized if you spread out the cost of getting the surveyor to your property. They have to start at wherever the nearest section corner is and this can be $$$. I've done this a couple of times, find a couple of neighbors and it really knocked the overall price down, not to mention, common lines are already done. Some people realize they are getting one line done for free and won't help. Their are clucks everywhere.

Even if your property is surveyed, (corner posts should have surveyors colored cap with his license number) they may have been moved by people. After you get it surveyed, being careful to not disturb the original rebar or whatever, bury a big piece of iron that even SUPERMAN couldn't pull out, and take a picture of relationship to it and the survey marker.

If there are markers with a surveyor's number you may be able to have them rechecked at some savings. I don't know what the LAW is on surveys, as my property was surveyed 30 years ago and was surveyed 5 years ago. The property lines are were shifted about 4 inches over as some of the section corners were found to be off in town. And now they use those laser? devices or GPS or something where they can tell you this blade of grass is yours, that one is your neighbors!

Is the neighbor's building going to be visible? Sometimes you can get away from illegally building things, but not when they are some big monster that makes the neighborhood no longer what it was, visually. If it's a permitted building it's tough, if it's not permitted they guy's really pushing his luck.

Approach the building dept with your concern over the well, not over his statements about the building, you've got nothing to be timid about in that regard, although you can legally put a septic system at a 100 ft distance from a drinking water source.

Do you have other nice neighbors? The bad ones you still have to live next to so try to keep it calm, that situation and be horrible as time goes by. I always try to do what I can neighborly wise.

Property lines and trees are a vague subject. Do you have the right to dig up the roots on YOUR side, or does he have the right to butcher off some limbs on HIS side? Good neighbors resolve these situations without a problem. I've seen a lot of sides of this with nice and with irrational people. The nicest arrangement? When someone 30 years ago ran a 12 foot dozer down the property line with 6 feet on each side maintained as grass! Sure makes fencing easy!

del
 

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