Perchoutofwater Posted January 25, 2011 Share Posted January 25, 2011 As some of you may remember from a previous post she really does not like my dogs. There have been several instances where both her dogs and my dogs have dug holes on either side of the fence. I've been filling in the holes on my side pretty regularly and actually planned on building a retaining wall / curb up against the fence in the next three to four weeks, to keep some of my guys busy for a few days, and at least get something out of the salary I've been paying them. Now I've tried to be a good neighbor. As you may remember from the previous post about her, when she had a pool put in during the spring/summer of 2009, I ended up with 2" of silt down my driveway, and on 14 yards of grass which was killed. I let it sit there for a couple of weeks thinking surely she would offer to rectify the problem, but she didn't, and since I'm a good neighbor, I just took care of it and didn't say anything about it. Well this weekend she called when she knew we were not at home and told me that she build her fence 1' off the property line, so that two sections of my fence were on her property and she wanted them removed. Well, I went out and checked, and she actually built her fence 8" on her side of the property line, but the reason she did the was the extreme slope. the remainder of her fencing is on her property line. Her message was very rude, and basically stated that I needed to move my fence within 7 days. Yesterday I call her and tell her, that I think I have a solution. I tell her that prior to realizing the fence wasn't on the property line like every other fence in our neighborhood, I was planning on putting in a retaining wall / curb there as well as another retaining wall in my back yard. I told her this would keep both her dogs and ours from digging under the fence. She raises her voice as says no, she wants my fence off her property. I say if I remove my two 8" section from her property and put a fence up down the property line then there will be an 8" section of ground on her property that will be unmaintainable that will end up being nothing but a bunch of weeds that encroach upon my property as well as a breeding ground for vermin and snakes, and that more than likely either one of her dogs or one of my dogs will end up getting bit by a snake. She says she doesn't care, she wants my two 8" pieces of fence off her property. At this point I tell her that up unto this point I've been a good neighbor. That when she ordered grass and it arrived 4 days before she had people out there to lay it me and another neighbor from across the street watered it for her because she was out of town and it would have died. (BTW the other neighbor that helped water the pallet of sod put in a flag pole with lights that shined up at it, and she complained to him about it.) I then remind her about all the silt that I removed and the grass that I had to replant because she did not properly contain the dirt on her property. I told her that I never complained about it to her, or asked her to pay for the damages she caused to my property, because I'm a good neighbor. I then say if she isn't going to be a good neighbor and she wants me to move the fence, then I'm no longer going to be a good neighbor either. I tell her if she wants the fence moved, that I'll move it off her property, and build my on ornamental iron fence (all my fences are ornamental iron) on the property line, provide that shed does something to ensure that her 8" of property which is unmaintainable, and provided that she pays me for the damages that the silt did to my property, and the cost cleaning it up. She says the silt is a separate matter and that I need to talk to her pool contractor. I tell her that the silt occurred first, and will be resolved prior to me removing the fence, and that I did not have a contract with her pool guy, and it was dirt from her property that damaged my property, and that she could pay me, and then seek compensation from her pool guy if she chose to do so. She says I have 7 days to remove the fence or she is going to escalate this. I tell her if by escalate you mean take me to court, I say fine, I'll counter sue you. I have plenty of witnesses to the fact that you damaged my property as well as pictures, and can easily get quotes for what it would have cost had I hired someone to clean up her mess instead of doing it myself. Apparently she's gotten married in the last few months, and asked if I wanted to talk to her husband about this, as if that would scare me or something. I said, sure I'd love to talk to your husband, I'm sure he is more reasonable than you. He has yet to call me. I'm not moving the fence until they meet my demands or take me to court. One thing I didn't do, that I've thought about doing is threatening to send the pictures to the Texas Commission of Environmental Quality. Had I done this originally she would have gotten a $5,000 fine. I don't know if they can fine her now or not, but I'm wondering if I shouldn't mention this to her. I talked to my lawyer prior to talking to her and he told me I was OK in saying everything I said to her. I've got a call into him to tell him how it went and get his recommendations on how to proceed. I've also talked all the neighbors that saw the silt in my yard, and one of them was actually the guy that built the fence and has done a lot of remodel work for her. I told him all about what was going on, and he remembered it, and acknowledged that the rest of her fencing is on the property line, and the only reason that section isn't is because of the steep slope there would have made the effective height of her fence about 1' lower. He said he would talk to her to try to talk some sense into her. I told him I wouldn't contact her again until he tells me he has talked to her, unless she contacts me first, and I feel I need to respond. My house sits on an acre, unfortunately her property line is very close to my drive and the fenced in area I keep my dogs. my neighbor on the other side lives on 5 acres that is heavily wooded. And the neighbor behind me has 10 acres between his house and ours. If she persists to be a bitch I think I will buy the 10 acres behind me and put in a shooting range for me and my friends. I'll probably also build a nice big tree house that over looks her pool. Who knows we may be able to shoot at targets from the tree house and watch her sunbathe at the same time. This woman has really pissed me off, though it isn't just me. She has pissed off two other neighbors too. I told my wife, at this point I don't care if it costs me $5,000 more than I get out of her for damages to take it to court, if she isn't going to be reasonable about this, I'm going to do all I can to stick it too her. Quote Link to comment Share on other sites More sharing options...
Chief Dick Posted January 25, 2011 Share Posted January 25, 2011 This right here is a perfect offseason story to keep us all going until next football season. Keep us updated. Quote Link to comment Share on other sites More sharing options...
muck Posted January 25, 2011 Share Posted January 25, 2011 God bless America. Quote Link to comment Share on other sites More sharing options...
muck Posted January 25, 2011 Share Posted January 25, 2011 I gots no problem w/ you sticking up for yourself. Lots of problems w/ bad neighbors. Quote Link to comment Share on other sites More sharing options...
Savage Beatings Posted January 25, 2011 Share Posted January 25, 2011 Something must have set her off with the whole you suddenly have 7 days to move your fence deal. What don't we know? How come all of a sudden she's pulling this on you? It sounds to me like, she is requesting the fence move as a way to punish you for something. There doesn't seem to be any practical purpose for the move, and she summarily rejeted your reasonable retaining wall solution. If that's the case, then yeah, eventually you might just have to move that fence, but I'm with you at this point... I would be a stickler on every other single detailed pain-in-the-ass problem that has ever, or will ever, come up between you. Make her regret ever opening the can of worms. If she thinks she is going to punish you with the fence move, then punish the ever living hell out of her from now on regarding everything else! Quote Link to comment Share on other sites More sharing options...
SEC=UGA Posted January 25, 2011 Share Posted January 25, 2011 Something must have set her off with the whole you suddenly have 7 days to move your fence deal. What don't we know? How come all of a sudden she's pulling this on you? It sounds to me like, she is requesting the fence move as a way to punish you for something. There doesn't seem to be any practical purpose for the move, and she summarily rejeted your reasonable retaining wall solution. If that's the case, then yeah, eventually you might just have to move that fence, but I'm with you at this point... I would be a stickler on every other single detailed pain-in-the-ass problem that has ever, or will ever, come up between you. Make her regret ever opening the can of worms. If she thinks she is going to punish you with the fence move, then punish the ever living hell out of her from now on regarding everything else! Nah, some people are just crazy. The lady that lives across from my parents filed a complaint with the HOA where they live because she is tired of looking at my parents window coverings. She noted that the covenants specifically state that window blinds must be either "wood or white in color" and noted that my parents are breaking the covenants because their blinds are brown... Hey, lady, wood is brown... And, btw, my parents blinds are wood and very expensive at that. She reported my parents for having a large outdoor planter vase on the landing at their front door, which is restricted by the covenants, they had to move that. The neighborhood was fighting a variance on a contingent piece of property, notices were sent out to all of the residents taht they were going to get together and fight the variance. A web page was set up to help communicate and organize. The initial variance hearing was set up for a date in which this crazy lady was out of town. She posted a message on the web page stating that she was infuriated that they would not reschedule the variance for a time when she could be there and felt that the people in the neighborhood were excluding her, despite the fact that she could have helped them tremendously. After this she posted on the web page that due to the fact that she is being ostracized from helping the community that she would withdraw from the book club and that they could just all move on with out her... There have been other odd things with this gal. Also, it turns out that she evidently moved out of her other subdivision after she started so much crap with other people and the community basically ostracized her. At one point, she had called the police on her neighbor so many times, the police threatened to arrest her for filing false complaints if they were called again. Quote Link to comment Share on other sites More sharing options...
Perchoutofwater Posted January 25, 2011 Author Share Posted January 25, 2011 (edited) Something must have set her off with the whole you suddenly have 7 days to move your fence deal. What don't we know? How come all of a sudden she's pulling this on you? It sounds to me like, she is requesting the fence move as a way to punish you for something. There doesn't seem to be any practical purpose for the move, and she summarily rejeted your reasonable retaining wall solution. If that's the case, then yeah, eventually you might just have to move that fence, but I'm with you at this point... I would be a stickler on every other single detailed pain-in-the-ass problem that has ever, or will ever, come up between you. Make her regret ever opening the can of worms. If she thinks she is going to punish you with the fence move, then punish the ever living hell out of her from now on regarding everything else! She doesn't like my dogs. She says that bark too much. The only time my dogs bark is when someone pulls up into our driveway, some of the neighborhood kids play in the 10 acre field behind the house and get real close to the fence, or when she lets her dogs out, and they come over to the fence and start barking. She has complained about them digging, but frankly her dogs dig as much as mine, and I fill in the holes on my side of the fence every time I notice them. As I said, I planned to build the retaining wall / curb prior to getting the call from her, I was just waiting for the right people to come off paying jobs, which would have been in another 3 or 4 weeks. I think she thinks by doing this her dogs will be less likely to dig in the location of my dogs kennel. She is really just a bitch. She complained to one neighbor because their 17 year old blind Chow crapped in her yard twice. And when I say complained, I'm not talking about civilly asking them to not allow their dog to crap in their yard, but went over there yelling at them, demanding that they keep their dog locked up in their backyard. She complained about the same dog lying in the street. The dog was always laying in the street, but if you are driving an appropriate speed it always got out of the way. As a matter of fact the entire neighborhood including the dogs owner affectionately called the dog Speed Bump. He was a great dog, he died last year. As I mentioned before she complained about the neighbor across the street from her putting up a flag pole with lights on it The lights did not shine in the direction of her house, but because she has no window treatment on a transom window in her bed room, she said that it bothered her. I'm pretty sure the neighbor on the other side of her has had a few problems with her too. The funny thing is everyone in the neighborhood gets along with everyone with the exception of her and the guy at the far end of the street that is just white trash. That guy never maintains his yard, is always sitting in the his driveway in cutoffs and a wife beater cleaning a some engine part or another and lets his kids race up and down the street on 4 wheelers and dirt bikes. If he and the Russian bitch were to leave the neighborhood, everyone in the entire subdivision would be good friends. Aside from those two we really like everyone there. Edited January 25, 2011 by Perchoutofwater Quote Link to comment Share on other sites More sharing options...
untateve Posted January 25, 2011 Share Posted January 25, 2011 I believe that I can urinate farther than any woman alive and I'm not afraid to put this test to the challenge. Quote Link to comment Share on other sites More sharing options...
cliaz Posted January 25, 2011 Share Posted January 25, 2011 I can totally fix everything for you. Big John - can you please find my post on how to get even with a neighbor? Quote Link to comment Share on other sites More sharing options...
SEC=UGA Posted January 25, 2011 Share Posted January 25, 2011 I believe that I can urinate farther than any woman alive and I'm not afraid to put this test to the challenge. I'm betting there is a girl in Lake City or Hillard that could out-do you. Quote Link to comment Share on other sites More sharing options...
bpwallace49 Posted January 25, 2011 Share Posted January 25, 2011 1.) do you at least have pocs of her? Is she hawt? 2.) Why havent you draw down on her yet? 3.) I love the idea of doing the shooting range in the back. That'll teach her . . Quote Link to comment Share on other sites More sharing options...
bpwallace49 Posted January 25, 2011 Share Posted January 25, 2011 I can totally fix everything for you. Big John - can you please find my post on how to get even with a neighbor? Throwing hot dogs in the gutters was one of my favorites . . . Quote Link to comment Share on other sites More sharing options...
Big John Posted January 25, 2011 Share Posted January 25, 2011 Big John - can you please find my post on how to get even with a neighbor? this? Quote Link to comment Share on other sites More sharing options...
Furd Posted January 25, 2011 Share Posted January 25, 2011 Perch, you should have accepted the Dragunov. I can tell you this. Judges dislike residential property line disputes more than any other cases. They will bend over backward to try to get the parties to settle it. This drives up litigation costs, which can be substantial given that those disputes are factually intensive. Nobody (except perhaps the lawyers) are satisfied at the end of the case. If I represent you or your neighbor, I want $20k up front. If your neighbor is serious about forcing you to move the fence, she better be ready to pony up. Quote Link to comment Share on other sites More sharing options...
cliaz Posted January 25, 2011 Share Posted January 25, 2011 this? Perfect Quote Link to comment Share on other sites More sharing options...
cliaz Posted January 25, 2011 Share Posted January 25, 2011 Perfect Actually there was one I did last year that was geared more towards this type of situation (in fact it may have been for Perch). Quote Link to comment Share on other sites More sharing options...
Furd Posted January 25, 2011 Share Posted January 25, 2011 And other thing, if you have title insurance, they may defend the thing on your behalf. Quote Link to comment Share on other sites More sharing options...
Big John Posted January 25, 2011 Share Posted January 25, 2011 Actually there was one I did last year that was geared more towards this type of situation (in fact it may have been for Perch). this Quote Link to comment Share on other sites More sharing options...
Perchoutofwater Posted January 25, 2011 Author Share Posted January 25, 2011 Perch, you should have accepted the Dragunov. I can tell you this. Judges dislike residential property line disputes more than any other cases. They will bend over backward to try to get the parties to settle it. This drives up litigation costs, which can be substantial given that those disputes are factually intensive. Nobody (except perhaps the lawyers) are satisfied at the end of the case. If I represent you or your neighbor, I want $20k up front. If your neighbor is serious about forcing you to move the fence, she better be ready to pony up. My fence is on her property. I don't deny that at all. Her fence is 8" off the property line, and I have two sections that die into it perpendicularly to it. Honestly if she would build the retaining wall I've offered to build, I'd be happy to move the fence off. My problem is if nothing is done to that 8" strip of property, weeds from it will encroach on my property and it will be a breeding ground for vermin. Additionally, since she is being such a bitch about this, says I can't do anything with that 8" to prevent problems, then I going to go after her for the damage all the silt did to my property and the cleaning of it. Basically if she is reasonable, I'll be reasonable, but thus far she has been far from reasonable, and has been extremely rude. If she continues to act the way she has, and will not come up with a reasonable solution to prevent that 8" of property from harboring vermin or having growth that encroaches on my property I'm going to stick ti to her on the silt issue, and I may look to see if the TCEQ can still give her a citation and turn her in there. If she wants to be a bad neighbor then I can be a bad neighbor right back, and frankly I don't care if I end up losing a little bit of money. It is the pricipality of the thing at this point. Quote Link to comment Share on other sites More sharing options...
Ursa Majoris Posted January 25, 2011 Share Posted January 25, 2011 Nah, some people are just crazy. This. And never, ever be involved with a Housing Association. They are invariably run by failed Hitlers. Perch - how about you buy the 8" of land that would be unmaintained and place your fence accordingly? Quote Link to comment Share on other sites More sharing options...
Perchoutofwater Posted January 25, 2011 Author Share Posted January 25, 2011 1.) do you at least have pocs of her? Is she hawt? 2.) Why havent you draw down on her yet? 3.) I love the idea of doing the shooting range in the back. That'll teach her . . 1) She was pretty good looking when she moved in 3 or 4 years ago, but she's been going down hill fast. 2) She hasn't given me a legal reason to. Now if she comes on to my property and picks up something of mine, that might be an option I'm willing to pursue. 3) If she thinks my are annoying and have a loud bark, wait until she hears the .454 Casull's bark. I've never been a big fan of assault rifles, but I might just have to buy one and take advantage of a 30 round clip. Quote Link to comment Share on other sites More sharing options...
Perchoutofwater Posted January 25, 2011 Author Share Posted January 25, 2011 Perch - how about you buy the 8" of land that would be unmaintained and place your fence accordingly? That might have been an option at one point. Had she approached me in a civil manner and asked that I purchase, it is possible I would consider it. At this point I"m not willing to give that bitch a dime. I'd rather give the money to a freaking lawyer and you know how much I hat them. The way I look at it, I've been maintaining that property for her for about 18 months. I've offered and equitable solution which would help solve both her problem and my problem of both of our dogs digging. She's been terribly rude. I wouldn't pay her $10 for it now. Quote Link to comment Share on other sites More sharing options...
TimC Posted January 25, 2011 Share Posted January 25, 2011 (edited) Build your own large privacy fence right on your property line. You don't need to worry about the gap created...it's on her property. I would have never tied into her fence to start with. Why? Because she can legally pull her own fence down at any time and if your dogs escape, it's not really her fault. Hell, legally (especially being backwoods Texas) she could pull one section down, let your dogs on her property, shoot them, claim they were attacking her and then sue you and win. She maintains control as long as it's her fence on her property you are using to control your animals and create the separation. Build a very, very tall privacy fence. Edited January 25, 2011 by TimC Quote Link to comment Share on other sites More sharing options...
bushwacked Posted January 25, 2011 Share Posted January 25, 2011 I couldn't imagine the TCEQ would be all that excited about sticking there nose into a neighborly dispute involving one incident of a minor silt run off. And frankly they got better things to spend taxpayers funds on. Quote Link to comment Share on other sites More sharing options...
cliaz Posted January 25, 2011 Share Posted January 25, 2011 this Bingo Quote Link to comment Share on other sites More sharing options...
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