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Old 07-03-2019, 10:21 AM
 
Location: Rochester, WA
14,483 posts, read 12,107,650 times
Reputation: 39038

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What is the purpose of the berm? Like a short wall right at the foundation of his building? Do you have pictures so we can understand?

How do you propose he maintain his property if he can't set foot on yours?

I sympathize with being very irritated if he's not communicating and getting permission from you, but I have to wonder if the history here hasn't promoted good communication at this point.
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Old 07-03-2019, 11:03 AM
 
51,652 posts, read 25,813,568 times
Reputation: 37889
Quote:
Originally Posted by Bobilee View Post
Thanks everyone for the responses. Several weeks ago he poured a concrete berm on my property without asking, at the bottom of the back wall, about a foot high, 8 inches deep and 10 feet long. This was at the same time he laid down concrete on my neighbors side without asking her permission. He is a loose cannon. The city launched a new website showing property lines and easements, there is no easement on his property or mine.


I will have to inform L&I about the problem, I think that is the only solution.


Thanks again.
What?

He poured a 10 ft. long, concrete berm on your property?

The reasonable thing to do is to sit down together and look at the website showing property and easements.

Anything he has placed on your property, including the 10 ft. concrete berm, needs to be removed.

It is unfortunate that he bought a home with such a small lot, but that is his problem, not yours.

I see that real estate agents have posted urging you to "be reasonable" and let him come on to your property to do whatever he wants to do. I disagree with that.

The reasonable thing would be for him to discuss with you his renovation plans and make arrangements that you are okay with. It may be just a formality, but still.

If he's pouring concrete berms on your property, that needs to stop.

No scaffolding until you have some assurance that a licensed, bonded, and insured contractor is involved.

This yahoo could rig his own scaffolding, fall off and injure himself on your raised beds, and sue you.

If you are in a position to buy his carriage house, that might be the best solution.
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Old 07-03-2019, 11:07 AM
 
51,652 posts, read 25,813,568 times
Reputation: 37889
Quote:
Originally Posted by Diana Holbrook View Post
What is the purpose of the berm? Like a short wall right at the foundation of his building? Do you have pictures so we can understand?

How do you propose he maintain his property if he can't set foot on yours?

I sympathize with being very irritated if he's not communicating and getting permission from you, but I have to wonder if the history here hasn't promoted good communication at this point.
What difference does it make what the purpose of the 10 ft. berm is?

What difference would pictures make?

History or no history, you can't just pour concrete walls, put up scaffolding, etc. on other people's property without making some arrangement with them.

How he maintains his property is his problem, not the OP's.
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Old 07-03-2019, 11:54 AM
 
Location: Raleigh
13,713 posts, read 12,431,964 times
Reputation: 20227
Quote:
Originally Posted by Bobilee View Post
As I said, he only has the footprint of his building. My deed clearly states the depth of my property, which is right to the wall. The door and window in his wall I believe are code violations, as was the joined sewer systems, which is why I had to put in a new one. I do not believe code violations can be grandfathered. He tried to buy easement from me years ago but wanted it cheap, so he knows he doesn't have easement.
Quote:
Originally Posted by Bobilee View Post
Thanks everyone for the responses. Several weeks ago he poured a concrete berm on my property without asking, at the bottom of the back wall, about a foot high, 8 inches deep and 10 feet long. This was at the same time he laid down concrete on my neighbors side without asking her permission. He is a loose cannon. The city launched a new website showing property lines and easements, there is no easement on his property or mine.


I will have to inform L&I about the problem, I think that is the only solution.


Thanks again.
Your deed, and the city's GIS website, aren't survey's.

Have you ever heard the term, "Adverse Posession?" People bandy it about here all the time, but it might well be appropriate here.

"Code Violations" is another term that can mean a lot of things. It can refer to the building's habitability or it can refer to the handrail on the staircase not makinga 90 degree turn into the wall. And if something was ok when it was built, its ok now, generally speaking. Your sewer is unique because it was originally one property. And why would a door or window be code violations?
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Old 07-03-2019, 11:58 AM
 
Location: Ocala, FL
6,478 posts, read 10,347,099 times
Reputation: 7910
I think Diana's question was posted because it is a little hard to visualize what the neighbor did in relation to the OP's comments. I don't think it was an unreasonable inquiry. If a photo cannot be provided, a good description goes a long way for anyone to offer any advice/feedback.
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Old 07-03-2019, 12:29 PM
 
Location: Raleigh
13,713 posts, read 12,431,964 times
Reputation: 20227
Quote:
Originally Posted by GotHereQuickAsICould View Post
What difference does it make what the purpose of the 10 ft. berm is?

What difference would pictures make?

History or no history, you can't just pour concrete walls, put up scaffolding, etc. on other people's property without making some arrangement with them.

How he maintains his property is his problem, not the OP's.
That's assuming she's correct in her statements about property lines. Even if we accept them at face value, that the footprint of the building is the extent of his land, you can't assume the exterior wall is the limit of the footprint. The footings of the foundation often extend beyond the actual wall perimeters.

And, you likely can do so, through eminent domain. Eminent Domain for a temporary construction easement. There are limits; you couldn't do so unless it was reasonably necessary, and you can't put an undue burden on your neighbor relative to your own burden, but maintaining your property, foundation, etc, especially if its only the presence of equipment or whatever, is likely to qualify. Especially that concrete wall and the scaffolding...If the wall is for the foundation of his house, the scaffolding is likely to maintain the house...
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Old 07-03-2019, 01:04 PM
 
Location: Rochester, WA
14,483 posts, read 12,107,650 times
Reputation: 39038
Quote:
Originally Posted by GotHereQuickAsICould View Post
What difference does it make what the purpose of the 10 ft. berm is?

What difference would pictures make?

History or no history, you can't just pour concrete walls, put up scaffolding, etc. on other people's property without making some arrangement with them.

How he maintains his property is his problem, not the OP's.

It makes a difference because my understanding of the word BERM makes sense in this instance. I'd like to actually picture what has been done here, wouldn't you? For perspective. It's an interesting question and issue!

Last edited by Diana Holbrook; 07-03-2019 at 01:14 PM..
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Old 07-03-2019, 01:11 PM
 
Location: Rochester, WA
14,483 posts, read 12,107,650 times
Reputation: 39038
Quote:
Originally Posted by GotHereQuickAsICould View Post

I see that real estate agents have posted urging you to "be reasonable" and let him come on to your property to do whatever he wants to do. I disagree with that.

What difference does it make that I'm a real estate agent on this issue? This is not a Real Estate question in terms of my profession... There is no property being bought or sold here. It is a property rights and human relations question... for discussion. And I think being reasonable is a good goal for us all, don't you?
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Old 07-03-2019, 01:13 PM
 
Location: Rochester, WA
14,483 posts, read 12,107,650 times
Reputation: 39038
Quote:
Originally Posted by JONOV View Post
That's assuming she's correct in her statements about property lines. Even if we accept them at face value, that the footprint of the building is the extent of his land, you can't assume the exterior wall is the limit of the footprint. The footings of the foundation often extend beyond the actual wall perimeters.

The eaves too, usually extend beyond the wall.
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Old 07-03-2019, 01:54 PM
 
51,652 posts, read 25,813,568 times
Reputation: 37889
Good points. It may well be that eaves and footings, and not the walls, define the edge of the property.

Is the concrete berm under the eaves?

Probably would be best to get a survey done with metal markers delineating the property lines and go from there.
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