Merry Christmas Neighborg

[ericher69]

I am neither a lawyer or a citizen of your country. That said, I believe this would be a civil issue and your local law enforcement would not have jurisdiction. I located a very interesting fact sheet that may be helpful, and it's specific to Ontario. http://www.omafra.gov.on.ca/english/engineer/facts/98-015.htm In a nutshell precipitation (surface water) has no "right of drainage". As a landowner you can refuse the water. Since she purposely had the "water" placed on your property - you have legal grounds to sue. I think I would have the lawyer draft the letter (instead of you writing and having him sign off). No lawyer worth a dang would agree to that anyway. This will be a cease and desist type letter - the opening salvo of pending litigation. You want everything properly worded and referenced. Hope the website helps. Good luck!!!

Thank you for the fact sheet. It may apply as I am in an urban setting.

 

[smstonypoint]

It would help your case if you made a video (or took photos) if this occurs again. It could turn into a "he said, she said" dispute.

Also, I would think there would be some case law that would be applicable to your situation. An attorney would advise you as to your best course of action.

Steve

 

[ericher69]

It would help your case if you made a video (or took photos) if this occurs again. It could turn into a "he said, she said" dispute. Also, I would think there would be some case law that would be applicable to your situation. An attorney would advise you as to your best course of action. Steve

Yeah will do! (I have some from previous seasons)

Problem is the operators are usually bundled up; faces are not readily identifiable.

I believe that I am at the point where nothing else but a stern lawyers letter will smarten them up!

Therefore I will need a full property survey in the spring (as I plan on erecting a fence) one is existing but not sure who owns it and they told me I can take it down at my time and expense and erect a new fence but they are not paying.

Lovely folks!

 

[Thomas]

You ask once and that should been enough.
Some will take advantage and just don't care,but they be first to ask for help in nice.

Hope lawyer not needed,maybe your local police can talk w/her.

 

[ericher69]

You ask once and that should been enough. Some will take advantage and just don't care,but they be first to ask for help in nice. Hope lawyer not needed,maybe your local police can talk w/her.

Bylaw office opens in 33 minutes.

I will call them but believe that at this point I need to follow up with a hand delivered/signed by the parties involved lawyers letter clearly spelling out the issues and applicable law/bylaw.

Also spelling out ramifications if they continue the practice.

This has been a recurring issue for years now. When I was single/no family I didn't really pay attention to this stuff but now the health/safety and financial well being of my family is paramount.

They show reckless disregard for the aforementioned therefore it's go time!

 

[Thomas]

My mistake for not reading all the postings.

Indeed time for some tough love from the dark side.
Hope your neighbor smart enough not to open another can of worms.

 

[spruce Deere]

Fences make good neighbors, Or in your case ericher69 'high fences', I believe that is your best line of defense.

One should be able to do as one pleases on his own property, But when the acts of doing what ever on your property affects someone poorly, quit being a dumb smuck and have some curtice [sp]?.

In the mean time, you should be ready to video the act of blowing snow into your yard. Neighbors like that one does not need enemies.

I have two like you describe, there stupidity rarely but still affects my family. They are incapable of looking and thinking past themselves, They just honestly believe they did no wrong if all is good with themselves.

 

[smstonypoint]

Bylaw office opens in 33 minutes.

I will call them but believe that at this point I need to follow up with a hand delivered/signed by the parties involved lawyers letter clearly spelling out the issues and applicable law/bylaw.

So, what did you learn from your call?

Steve

 

[ericher69]

So, what did you learn from your call? Steve

As someone else eluded to earlier cities reply;

There is no bylaw it is a civil matter

Basically said they will not be a third party in this feud.

 

[DT86]

That's unfortunate. Onward, to the lawyers office!