Need help with Jerk Neighbor (Garner, Mulberry: for sale, HOA, house)

[GarnerMama]

My neighbor called the police this morning because my dog got out of our fence and into his yard. He said that he destroyed his garden. I checked it out and his garden is fine. I even took pictures just in case. He isn't exactly a dog lover. Last year another neighbor had a problem with him...their dog got loose and was roaming around, not getting into trouble...just waiting for his owner to get home. He called the police on them too.

Sadly, he's just has a nasty disposition. We've tried to be good neighbors, but after about a year we just act as if he doesn't exist... we don't look his way while he's in the yard and what not. It was like it pained him to say hello when my 3 year old would tell him "Good Morning."

So, here's my problem. We have a privacy fence between our backyards. He has a Mulberry tree that is leaning onto our fence. It puts pressure on the fence and some of the planks are loose. Our 6 month old Fox Terrier figured it out and evidently squeezed through into his yard. We have to repair the fence, but part of his tree has to come down so it doesn't completely destroy the fence. We have been very neighborly to him and can't believe that he actually called the police over this. I'm super mad over that and would like to tell him exactly what I think about him, and take a chainsaw to his tree, but that wouldn't help the situation. I don't know exactly how to handle this and I don't know what the laws are regarding fences and trees and neighbors, and such.

[BayVillage]

I believe if the fence is on your property and the tree is causing damage to it, then you CAN remove the part of the tree that is causing the damage.

[senalj]

I know he's not friendly to you, but I'd suggest trying to talk to him about it first. Maybe one day when he's in his yard let him know you want to repair your fence so your dog won't get out again, but his tree appears to be leaning on the fence, causing the problem. Let him know you don't want to cut down his beautiful tree, you just want to trim the branches that are hanging over the fence and maybe have him shore up the base of the tree so it'll stand straight up. After he treats you badly -- as you know he will -- then see if you can get the HOA/city/county involved. If he calls the police about your dog again, you can tell the officers how you dog is getting out and how you've tried to resolve the issue with him, but he's been non-responsive. Good luck and I hope you find some resolution without too much lost love!

[playnice]

I sure hope he did not phone 911 for the police to respond immediately to your dog "destroying" his garden?
Just smile and assure him that he will continue to see less of your family once he removes the part of his tree that is disturbing your fence.
Aargh, remember when there was only ONE bad neighbor in the whole hood!?!

[PDXmom]

Originally Posted by senalj

If he calls the police about your dog again, you can tell the officers how you dog is getting out and how you've tried to resolve the issue with him, but he's been non-responsive. Good luck and I hope you find some resolution without too much lost love!

Great advice sena. And TAKE photos of the fence, the hole, and the tree.

In regards to laws surrounding this, if you have an HOA check your covenants. Ours says that fences must be built at a minumim of 12 inches set back from our property line. If you don't have an HOA call the City of Garner if that is where you live. If your fence is built within w/ HOA and or City set back laws you will probably have a better chance for resolution.

[dansdrive]

Sounds like there are two things that need to happen to resolve the issue that were not discussed in this thread. For the sake of my two I will assume talking civil to the neighbor is futile and will not be considered as a viable option. So here goes.

One of two things must happen.

1. Lose the dog. Issue with neighbor not liking dogs gone.

2. Lose the house. Life is to short to get mad and upset over neighbor issues.

So logic tells me #1 is out. Love the dog to much!

So that leaves #2. 'For Sale' sign and find a house with neighbors that have dogs of their own! There are thousands and thousands of homes in the area where the neighbors actually get along so chances are good your next house will be just fine!

Hope whatever course of actions you take it works out for you!

[PDXmom]

Originally Posted by dansdrive

So that leaves #2. 'For Sale' sign and find a house with neighbors that have dogs of their own! There are thousands and thousands of homes in the area where the neighbors actually get along so chances are good your next house will be just fine!

Hope whatever course of actions you take it works out for you!

I get your life is too short reasoning. But really? Why should the OP uproot her family because her neighbor is a jerk? Not to mention the expense and PAIN of selling and moving. Selling is not so easy these days.

[senalj]

Originally Posted by dansdrive

Sounds like there are two things that need to happen to resolve the issue that were not discussed in this thread. For the sake of my two I will assume talking civil to the neighbor is futile and will not be considered as a viable option. So here goes.

One of two things must happen.

1. Lose the dog. Issue with neighbor not liking dogs gone.

2. Lose the house. Life is to short to get mad and upset over neighbor issues.

So logic tells me #1 is out. Love the dog to much!

So that leaves #2. 'For Sale' sign and find a house with neighbors that have dogs of their own! There are thousands and thousands of homes in the area where the neighbors actually get along so chances are good your next house will be just fine!

Hope whatever course of actions you take it works out for you!

No one should have to move, especially in this market, because of a bad neighbor! This guy is obviously doing this on purpose, because he won't even speak to the 3-year-old! I say try to live your life without interacting with him...after you get the fence fixed. This guy is a jerk, no matter how you look at it, but moving won't solve anything, especially if they love their home/area!

[mm_mary73]

Originally Posted by PDXmom

...In regards to laws surrounding this, if you have an HOA check your covenants. Ours says that fences must be built at a minumim of 12 inches set back from our property line. If you don't have an HOA call the City of Garner if that is where you live. If your fence is built within w/ HOA and or City set back laws you will probably have a better chance for resolution.

HOA probably also has covenants with regards to dogs roaming/unleashed. Sorry, I gotta side with the grump on this one - you'd be surprised what dog urine does to plants and not to mention the feces that are left. I don't like roaming dogs myself and have replaced numerous plantings after little Fido relieved himself. We do not have leash laws in our county (we do in cities)and it is awful.
Your fence is a different matter and if you have "bad blood" you have to be very careful that any action on your part can't be misconstrued as retaliation, especially since you admit that it is in disrepair.

[GarnerMama]

Originally Posted by mm_mary73

Your fence is a different matter and if you have "bad blood" you have to be very careful that any action on your part can't be misconstrued as retaliation, especially since you admit that it is in disrepair.

That's one of main concerns. Maybe I should just send the husband over to talk to him. I'm going to call the Town of Garner and see what I can do about his tree on the fence and we do what ever is within the limits of the law. I can play nice with him. We've been avoid dealing with him and the tree because of how he would react. I guess this is what I get for procrastinating.

I totally understand getting mad over a dog in his garden, but I don't let my dog roam at large. I have numerous flowerbeds in the back yard and a garden on the side of my house. I'm not getting rid of him, or my house. He was supposedly putting his house on the market this spring but I haven't heard anything else about it. Hopefully he will and a young family will move in.