Construction by neighbor (HOA, house, contractor)

[VickiT]

I have a neighbor, whose backyard connects with mine, that is doing some sort of construction in tha back.
The construction workers, I am assuming, cut through my backyard sometime in the past 2 days with some sort of vehicle and tracked it up a bit. They also removed the survey stake that was in the ground marking my boundaries.
I have left a message for the neighbor to talk to them about this. My yard isn't as bad as theirs is, but still I don't understand why they blatantly cut through like that or removed my survey marker. I was hoping to get the backyard fenced in the next few months, and I guess I have to get a new survey done now. I have this survey marker up for almost a year...I was not expecting an economic downturn this bad...and it cost more than a few hundred dollars for it then.
I left a message with our HOA also for them to call me back.
I don't see a permit up for the work being done, but I always lived in Meck County, I don't know what the Union County rules are.
I hate to be preceived as confrontational but I am not sure how to approach this. If the work was being done in my yard and the contruction people did this, I would have already knocked on my neighbors door to apologize, so I just don't know where I stand right now.
What would you guys suggest?

[Sylbeth]

Because you are going to live next to this person/family for awhile, it would probably be in "your" best interest "not" to just "leave a message", but to go directly over there "as soon as possible", and state your concern. Try to be as positive as you can possibly be. You want a good outcome from this meeting....because one day, you might need your neighbors help...and where are you going to go....if you have alienated them? They could turn out to be your best friends. If you have gone that extra mile...and don't get any positive results....then, I say....go to your HOA. Let them be your "last" resort. Good Luck....

[NC~Mom]

I would have waited before calling the HOA...I agree with PP....talking neighbor to neighbor would have probably been your best bet....they may not even know this happened.

[Native_Son]

talk to them... They're your neighbors, not the mujahideen!

[Sylbeth]

Hopefully, you will contact your neighbors......in a really positive way....I don't think you will regret it.
I forgot to mention another thing that seemed to really bother you...it was the removal of your markers. Under those markers are pins that are really deep down into the ground......you will be able to find them, and if not...perhaps your neighbor will help you find them. Good Luck.

[brokensky]

Hi, Vicki! Uggghhhh . . . I hate having to deal with stuff like this. I agree with you - I am very very surprised that your neighbor didn't come - on his own - and express his concern about your yard getting torn up. However, there may be many reasons for that. Who knows - maybe H has been out of town and W is waiting for him to get back and address the issue. You just never know.

Well, it probably was a bit premature to call the HOA . . . but that is done now . . . so I would just move on to addressing this in person with your neighbor.

If it were me, I would go knock on the door and tell them that you hated to bother them when they were in the middle of the project, but it appeared some of the crew working on the back had been pretty thoughtless and had messed up the back yard . . . and then just see what they say.

I would think thru/ the various reactions you may get . . . If he is a good neighbor, he will say "Oh my, that is not acceptable" and then tell you what he is going to do about it, or ask you what you feel should be done.

If he looks at you blankly and says . . . "Uh, your yard was in a mess already - I am sorry but I don't see that there is a problem here. You can't mess up something that is already in a mess." - then you know you DO have a problem, Hee Hee.

So I guess the first thing would be to just go over there and see what they have to say. And I would have some remedies in mind so you don't have to think on your feet.

For example . . . if he says, what do you think needs to be done to repair the areas? - you should have it figured out as to what you would be satisfied with, as in . . . you want the areas they tore up to be re-seeded or re-sodded . . . and any ruts filled in b/f seeding . . . etc. So have a game plan w/ suggestions.

I would not just go there and say "What are you gonna do?" cause the guy may truly be caught off guard and has no clue what to even suggest. However, if he is a jerk, and he could be!!! - have in mind what you will say to express your expectation that this is HIS problem and you need assurance he is going to mitigate the situation in a timely fashion.

Of course, you also need to mention that the survey stake was removed and that is a problem wh/ you assume the crew will take care of since they moved it - and just see what he says.

I hope the man is cooperative and a good neighbor and not a self-centered jerk. Fences really do make good neighbors, so I hope you can get a fence up soon.

[Whytewulf]

Originally Posted by Sylbeth

Hopefully, you will contact your neighbors......in a really positive way....I don't think you will regret it.
I forgot to mention another thing that seemed to really bother you...it was the removal of your markers. Under those markers are pins that are really deep down into the ground......you will be able to find them, and if not...perhaps your neighbor will help you find them. Good Luck.

Follow this advice, the flags go away often, the pins are there forever, in a sense. You should be able to find them if you know the area the flag was originally in. You wouldn't need to pay for a sruvey, I believe a metal dedector can find them or some hand held device. So really the markers are the least of your concerns.

As for them tearing up yoru yard, that sucks, as other have said, go over and be inquisitive, ask what they are doing, compliment it (even if it sucks), then comment on their yard. "They seem to be doing a good, but our poor yards, think they'll fix them in time for planting season?" Something like that is pleasent and non accusitory. And in all honesty is probably all you want.

[Comfort Food]

You could always light a flaming bag of dog poo on their front porch....

[SouthernBelleInUtah]

I had a previous neighbor who told the crew grading their yard for drainage, that the property line was where I had a row of bushes to hide their patio from my sight. When I came home at lunch and saw what had been done, I stopped the crew but a lot of damage was done already. They didn't call me that night so I finally called them. The wife was very vague about they thought that was the line. I offered to pay half of s survery but they wouldn't do it. So I had to pay it all.

Then I had to call them again and she said to let them know what I wanted done and they would give it to the contractor. I had to send them a detailed letter. The trouble was they clear-cut a woody area (lot was over an acre and backed up to woods) and that can't really be repaired. The contracftor did do everything I asked, but man, was I mad at those people! Some folks think their wishes are more important than anything else!

I hope you don't run into that sort of folks, but if you do, send registered letters and follow up. Didn't you have the poisoned dog? Maybe you just have to find a way to put up a fence. Good luck!

[VickiT]

I talked to the wife and told her about my concerns with the yards and the survey marker. She apologized and said she would talk to her husband.
Apparently some delivery "lift thing" (I don't remember what it is called) got stuck going back up the hill and they couldn't get it out. So my yard got tore up.
I talked to her yesterday and I haven't heard back. I kinda don't think I am going to either. She didn't sound to concerned with what I was calling her about, just how I got her phone number. She did say if I had anymore problems to call her.
The HOA lady said to call her back if we couldn't get it resolved and she would send a letter.
Also, I drove by the house today and went over to talk to the crew working to get a number for someone who is in-charge.
They pretended not to speak English until I got really mad and started dialing my husband's number on the phone. I don't know who they thought I was calling, but their tongues suddenly untwisted and the English started flowing. The gave me the number to some guy that was supposedly their boss, who also didn't speak English until I told him "I guess I will go back and talk to the homeowner", when he suddenly offered to come to my house tomorrow to check out the problem. Before that, he tried to blame it on Lowes and told me I needed to call them. I told him that this is his project and he needs to take care of it, not me.
I am slowly making progress but I don't think I should have to put this much effort into it. My yard was an innocent bystander and it's ridiculous that I am the one running now.
Also, they do not have a permit posted anywhere for this building they are putting up. I know that there is suppose to be one and it is a good sized building. I hate to be perceived as a bad tattle-tale neighbor, but I feel like I am caught up in some kind of mess with all this.
Also, I am the one that had the poisoned dog, which is one of the things that makes me a little weary of this whole thing. I will never know who did this and I hate calling attention back to our home. A fence on a lot this size is pretty expensive and we do not have the extra money for that right now at all. I am working on it though.
So, if I get someone out here with a metal detector, we will find the metal survey marker? That doesn't sound too bad.