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Old 08-17-2011, 05:32 PM
 
553 posts, read 1,026,569 times
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Thanks again, Lovehound. I am hoping very much that the owner will cooperate and fix his gutters. I heard that people are responsible for the storm water drainage from their roof. They must keep the storm water on their own property.
I hardly know the owner; he lives in a different state, but doubt that he would like to deal with any kind of authorities since he is renting the property, but legally he is the primary resident of the house and receives a homeowner's tax exemption. That is a lot of money, given that the tenant has lived there for at least 7 years by now. I am not even mentioning his extra income from renting that he does not report.


The tenant basically "don' matter". He may not even be legal in this country, why the hell did I care about what he thinks of me.)))

But on the other side, he is quiet, no parties and loud music - this is the most important thing.


I am sorry about your 15 years of "Cold War" and congratulations on your selling the house. I hope you got a reasonable price for your property. Also, I wish you better luck with your next neighbors. You must be experienced now and will check all the perimeter of the property , not only right and left side ))) I mean check across the alley too.
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Old 08-17-2011, 06:34 PM
 
Location: SoCal
14,530 posts, read 20,116,182 times
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You're welcome Dressy and I'm happy to help you.

In my opinion (I'm not a lawyer) if your neighbor's storm water drainage harms your property then you are entitled to recover damages in court.

Also in my opinion, your neighbor property owner is NOT entitled to receive a homeowner's exemption if he is not residing at that address! As far as I know (at least in California) the homeowner must reside at the property to receive the exemption. Those who rent their property are not entitled. Again, I'm no expert here and I don't know what state you're in, maybe things are different there.

Yeah, quiet is good, and yeah I'm satisfied with my sale. I got right in line with the comps or maybe even a tad better. I've only owned the one house and it was very educational. I'm sure I'll be a lot more circumspect in purchasing my next house.

Reading City-Data particularly the RE forum area is very educational. Added to my own personal experience I think I am better prepared than ever in purchasing my next home. I hope you too!
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Old 08-18-2011, 12:29 PM
 
553 posts, read 1,026,569 times
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Ha-ha. Seems like the real war began. Somebody cut down and destroyed my Morning glory vines growing along the fence dividing our properties. When I planted the vines I asked Jose if he minds that they hang a little bit over his side and he said that he loves them. Now he came out and destroyed all the top of them. By destroying the top of them he killed them almost .. even though most of it was on our side. Now, may be just the right time to come out and get rid of that gate that is attached to our brick wall. I heard it is bad for the wall by the way, when the gate is hanging directly on it. There should be a post.
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Old 08-18-2011, 02:35 PM
 
Location: SoCal
14,530 posts, read 20,116,182 times
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I presume that's the tenant you're talking about? If you get rid of the gate you may spite the tenant, but you're going to PO the property owner too. He's the one who will have to repair the gate. What are you going to do when you need the property owner's cooperation to fix your drainage problem?

Just exactly what is the distance between your wall and the property line? A neighbor can trim plants hanging over their property but they can't legally touch plants on the other side. I'm sure the tenant did it to annoy you but maybe he doesn't know the wall is some distance on your side of the property line.
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Old 08-18-2011, 03:36 PM
 
553 posts, read 1,026,569 times
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Quote:
Originally Posted by Lovehound View Post
What are you going to do when you need the property owner's cooperation to fix your drainage problem?
.
If he attaches it to our wall again, we will call the police ))
He is legally responsible for the storm water that comes from his roof. If we have damages we will send him the bill, if he refuse to pay we will take him to a small (or may be not so small?) claim court. If he puts the gate back we will file for easement right, since we are entitled to it. If he goes on to be nasty I will report him to IRS, county tax fraud authorities and report the tenant to the immigration authorities just in case he is illegal... so let me see what else can I do??

haa. I am just kidding, but Gosh! I am angry..
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Old 08-18-2011, 05:15 PM
 
Location: SoCal
14,530 posts, read 20,116,182 times
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Quote:
Originally Posted by Dressy View Post
... so let me see what else can I do??

haa. I am just kidding, but Gosh! I am angry..
You could... mellow out? I can easily understand how p***ed off you are. Just remember, your argument is with the tenant and not with the property owner. You'll be making a serious mistake if you alienate the property owner. Until then he's a potential ally, and might even evict the tenant if things become too extreme.

Now tell me the distance between your wall and the property line, before I have to come over and pry it out of you with a crowbar!
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Old 08-18-2011, 06:15 PM
 
15,632 posts, read 24,424,443 times
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Quote:
Originally Posted by Dressy View Post
done with that. thank you people for all your advice!
You may be "done with that" but I think it's rude to delete your initial post, especially when others have tried to be so helpful to you.
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Old 08-18-2011, 08:49 PM
 
553 posts, read 1,026,569 times
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Quote:
Originally Posted by texasfirewheel View Post
You may be "done with that" but I think it's rude to delete your initial post, especially when others have tried to be so helpful to you.
rude in respect to whom? I thanked every person who helped individually and increase his /her reputation. I do not want more people to join disscussion since I do not want to waste anybody's time any more now, that the situation is clear to me, and those who are still here know what I am talking about. If you think the original post may be helpful to you in your situation too, I can send you a personal message and tell you what my concern was.
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Old 08-18-2011, 09:11 PM
 
Location: SoCal
14,530 posts, read 20,116,182 times
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I think it's entirely permissible for the OP to request that the moderators close their topic, and I think it's entirely within the moderator's discretion to satisfy the request.

I'm glad that you understand the situation and apparently you know what to do. That's what the forum is here for. I wish you the best of luck in achieving a quick resolution.
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Old 08-18-2011, 09:37 PM
 
553 posts, read 1,026,569 times
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Quote:
Originally Posted by Lovehound View Post
You could... mellow out? I can easily understand how p***ed off you are. Just remember, your argument is with the tenant and not with the property owner. You'll be making a serious mistake if you alienate the property owner. Until then he's a potential ally, and might even evict the tenant if things become too extreme.

Now tell me the distance between your wall and the property line, before I have to come over and pry it out of you with a crowbar!
Lovehound, the wall has probably 6 inches of our propety next to it. The fence is entirely on their property , so.. But you are not going to tell them that, are you?
Now the news from the field: the morning glory was cut by the homeowner who came today. He said he was doing something about the fence. The homeowner turned out to be even harder to deal with. He refused giving me the key to the gate and said I should ask Jose to open it every time I need it since he does not know me and does not trust me. I said that the gate is attached to my wall, but he said that this is his easement right (what??! he has no idea what easement mean), since when I bought the house with the gate being there i "agreed to have it that way". He went on like crazy on me accusing me of all the stuff the previous owners did to him. Mostly drain water problem. He turned out to be a real idiot, excuse my French. He said that "now that you house have a second floor ALL THE WATER FROM BOTH FLOORS goes into the same downspouts and this is not enough. see what I am saying? he thinks that adding the second floor and adding more gutters to the roof produces more storm water.. ouch. He refused to clean the gutters, since he "checked them 8 weeks ago, they were fine". He said that the water comes from my gutters. I showed him the picture of his gutters from above with green plants stuff growing in them (!), he said that I am being a real pain in the.. and that he is a respectable landlord. He refused to give me any contact information of his .


When everything else failed, I mean my being humble and accepting all the rudeness. . and showing all kind of repect and appreciation of his advice and promissing to fix anything he wants us to.. but still not getting from him any promise to clean the gutters and giving us the key from the walkway.... and I still did not get any cooperation I pointed out to him that he formally lives there and receives an exemption while he actually resides elsewhere which is not what "honorable landlords do" he just ran away swearing. Trust me I would have never mentioned it, but any human conversation was not possible. I think he felt I was so ungrateful for his taking care of the house while it was vacant. Like I said, he does not belong to the smart kind.

.. Oh well "I did not want this war".. ))).
My husband talked to him later and this owner was all shaking and could not get over that I checked the records on the property... He was very upset I did. Hope his mind sobbers up once in a while and he will figure out that a thousand dollars or more for a year for tax exemption is a lot better deal then not cleaning gutters.

But I am sorry I am so overwhelming. and I think even though I deleted the OP the situation is pretty clear from now on.

Last edited by Dressy; 08-18-2011 at 09:48 PM..
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