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You also need to prepare a small claims court case for the damage he did by destroying the fence posts if it cost you additional money to repair. What that guy did was assault and vandalism, pure and simple. Since he was not an owner, he had no right to even approach you or your family about the issue. To prevent further problems, make sure you get your property line surveyed (or refer to a recent survey if you have one) and build the fence of whatever height you choose about 2 inches inside the property line. That way it is YOUR fence on YOUR property and they can have nothing to say about it.
It was an honest misunderstanding. And, had I been there (and he was not a raving maniac) I would have told the fence guy to cut 2" off the posts.
I'm trying not to clog up the thread with long posts about the issue (which is tough- I tend to babble) but yes, as you recommended as did the police, my wife filed a restraining order against the father. He was served with it while he was still in jail. The son will be next if needed.
Thanks for the share. What an unfortunate mess. Imagine needing a restraining order for a whacked out neighbor.
Speaking of neighbors...here's my story of the week:
A neighbor's dog broke through their electronic fence, arrived in my yard, took a dump, bit my elderly, substantially smaller, lethargic and blind dog twice, just south of the juggler and took off. Dear neighbors deny it could have been their precious dog.
I was not planning on an emergency VET visit or expense.
You also need to prepare a small claims court case for the damage he did by destroying the fence posts if it cost you additional money to repair. What that guy did was assault and vandalism, pure and simple. Since he was not an owner, he had no right to even approach you or your family about the issue. To prevent further problems, make sure you get your property line surveyed (or refer to a recent survey if you have one) and build the fence of whatever height you choose about 2 inches inside the property line. That way it is YOUR fence on YOUR property and they can have nothing to say about it.
Agreed.... it cost me $545 to install (and then remove) the fence posts... the fence company had the forethought to bill me separately.
Here is the next issue if anyone with knowledge would be kind enough to comment:
After this fiasco, I told my fence guy to core into our concrete wall and put up a 6ft fence (5'11" to be exact).
I saw him taking pictures of our fence so I'm assuming he's going to try and do "something". I can only think of one potential issue:
The neighbor's house/ lot is approx 3' above ours. So we have a 3' retaining wall that is level with his property. I installed a 6ft fence on top of that wall. So on my side, the total height is 9ft. On his side, it's 6ft (5'11") up from our wall.
Can anyone see an issue with this? My skeptical side says he could say we have an "illegal" 9ft fence, but everyone I speak with (including the fence guy) says there is no issue at all.
First, you need to check with your city's code requirements about fences. If there are none, it does not seem there should be a problem if you like how it comes out.
Sorry for your situation, and I have probably bad news, in that no insurance policy, will cover an intentional act, and with a whacko like him as a neighbor, cut your losses now, if they are not willing to move. Was there any dispute over the property line, and no encocahment involved?
First, you need to check with your city's code requirements about fences. If there are none, it does not seem there should be a problem if you like how it comes out.
Code is 6ft, so I'm ok there. Asking around, it appears I will have no problems with the fence the way it is.
Quote:
Originally Posted by oldmanbob
Sorry for your situation, and I have probably bad news, in that no insurance policy, will cover an intentional act, and with a whacko like him as a neighbor, cut your losses now, if they are not willing to move. Was there any dispute over the property line, and no encocahment involved?
The initial fence was the only time when there might have been a property line question (but we had agreed where the fence would be constructed). Now that it is cored into my wall, there is no question.
Hopefully, he won't do anything to the fence, but thanks for that information. At this point, we have decided the best course of action would be to move. He could always find us, I guess, but I'm hoping once we're gone, he forgets about us.
I will lose (on paper anyway) significant money on my house, but I can't see living next to him.
Had a somewhat similiar problem along time ago and the cops suggested I put in a motion activated video for evidence just in case of future problems. You can now get them for around a hundred bucks, but it will make life easier if problems come your way.
what ever happen to fences make for good neighbors???
Had a somewhat similiar problem along time ago and the cops suggested I put in a motion activated video for evidence just in case of future problems. You can now get them for around a hundred bucks, but it will make life easier if problems come your way.
what ever happen to fences make for good neighbors???
This is a mess .. and a true shame. The initial post seemed to suggest a possible civil matter. But this sounds far more like a criminal matter than a civil matter. I think you are doing all the right things. There really isn't much you can do.
It might be a good idea to start a file. Gather any documentation on the matter that you can. You might want to write an outline, or timeline of the events that lead up to the whole thing. i.e. when did you first discuss the idea of replacing the fence, what time of day did the fence guy come out, etc, etc. Even approximate dates and times will be helpful down the road. Contact the local police and obtain a copy of the police report. It may sound like a paper chase .. but it could be 6 months before the DA asks you a single question. Memories fade as life goes on. A file to refer to can be very valuable to you and the case. In addition, even if things "calm down" and the whole thing blows over, who knows if the guy will snap 2 years from now ?? Your file will come in handy!
Take care.
^ I did just that the other night. About 2 1/2 pages of notes as I remember them.
My wife just spoke with the DA and they are not going to prosecute because neither the fence guy or my wife is going to press charges.
And it doesn't appear to be getting any better. The son has already made an unnecessary comment to my wife through the fence and I was followed by a black p/u truck while walking my dog. I've confirmed the black truck was in the neighbor's driveway- not his truck, but someone he knows.
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