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Old 05-25-2021, 10:43 AM
 
4,022 posts, read 1,875,920 times
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Maybe not the best place here, in Real Estate, but I figure many or most of you have dealt with this so, here goes:

What's the deal with adjacent builds in a development? Is there some kind of "eminent domain" where a little trespass is unavoidable, so long as it's repaired?



New builds on both sides of me (after 15 years) and all manner of dirt, rock and trash are being pushed over the line, by 1 foot or more. (This WAS my lawn...but it was directly against the unmaintained vacant lot, so it's not exactly clear where their weeds ended and my lawn began.)


Do you toe the hard line: "Off my property!" Do you hope for the best? Do you INSIST they fix it?

Do you just let it go?


I have no experience with the "adjacent build." It's annoying enough that they pound and saw and dig 7 days a week. But that will pass. The dirt won't.
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Old 05-25-2021, 11:01 AM
 
5,981 posts, read 3,724,157 times
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Quote:
Originally Posted by roodd279 View Post
Maybe not the best place here, in Real Estate, but I figure many or most of you have dealt with this so, here goes:

What's the deal with adjacent builds in a development? Is there some kind of "eminent domain" where a little trespass is unavoidable, so long as it's repaired?



New builds on both sides of me (after 15 years) and all manner of dirt, rock and trash are being pushed over the line, by 1 foot or more. (This WAS my lawn...but it was directly against the unmaintained vacant lot, so it's not exactly clear where their weeds ended and my lawn began.)


Do you toe the hard line: "Off my property!" Do you hope for the best? Do you INSIST they fix it?

Do you just let it go?


I have no experience with the "adjacent build." It's annoying enough that they pound and saw and dig 7 days a week. But that will pass. The dirt won't.
I don't know the quantity of dirt and stuff that's on your property, but unless it was really a huge amount, I would probably casually mention to the contractor's foreman that they had pushed dirt/material about one foot over onto my property, and that I would appreciate it if they could remove said dirt/material at their earliest convenience and smooth out the area so I could spread some grass seed before the summer heat gets here. If he volunteers to do the grass seeding too, just tell him what kind of grass seed you want.

I think this would probably take care of it. Even if they don't fix it, it shouldn't be that big of a deal to shovel or rake the excess dirt off your lawn and back onto their property yourself. In the grand scheme of things, this is one that I wouldn't lose any sleep over.
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Old 05-25-2021, 12:08 PM
 
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I'm not losing sleep over it. But I don't live alone (...something about happy wife, happy life...)


We have a garden about 2 feet from the line...and some of the dirt has bumped the garden, oh the horror...
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Old 05-25-2021, 01:29 PM
 
Location: Raleigh
13,714 posts, read 12,427,493 times
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Quote:
Originally Posted by roodd279 View Post
I'm not losing sleep over it. But I don't live alone (...something about happy wife, happy life...)


We have a garden about 2 feet from the line...and some of the dirt has bumped the garden, oh the horror...
Put up a fence around the garden, even a temporary one. I have a crummy looking one around mine to keep the dogs from running it over. Go nail in a silt fence or talk to the foreman about it and say "Hey! Respect the Sweetcorn and Peonies, Man..."
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Old 05-25-2021, 01:51 PM
 
Location: Phoenix, AZ
6,341 posts, read 4,900,601 times
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Alternatives:

1 - Ignore it.
2 - Talk to the foreman and try to resolve it.
3 - Send your wife to talk to the foreman. Have her wear something skimpy.
4 - Seek injunctive relief and compensation through the courts.
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Old 05-25-2021, 02:29 PM
 
4,022 posts, read 1,875,920 times
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yeah, all good ideas, my main plan is to ignore it until I can't - like they never repair it, plant their lawn green, and leave mine full of mud and rocks.


but - my real question is - in a development, which is pretty clearly still being "developed" - is there something common in deeds or whatever that some temporary "appropriations and sacrifices" will happen from time to time?


I know it varies - like everything - but this is the BS I'm using to keep the peace for now. "They have a little right of way." Hehehehe....
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Old 05-25-2021, 03:14 PM
 
Location: Kansas City North
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Around here, there would be silt fence.
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Old 05-25-2021, 03:30 PM
 
Location: on the wind
23,278 posts, read 18,810,120 times
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Quote:
Originally Posted by roodd279 View Post
Maybe not the best place here, in Real Estate, but I figure many or most of you have dealt with this so, here goes:

What's the deal with adjacent builds in a development? Is there some kind of "eminent domain" where a little trespass is unavoidable, so long as it's repaired?



New builds on both sides of me (after 15 years) and all manner of dirt, rock and trash are being pushed over the line, by 1 foot or more. (This WAS my lawn...but it was directly against the unmaintained vacant lot, so it's not exactly clear where their weeds ended and my lawn began.)


Do you toe the hard line: "Off my property!" Do you hope for the best? Do you INSIST they fix it?

Do you just let it go?


I have no experience with the "adjacent build." It's annoying enough that they pound and saw and dig 7 days a week. But that will pass. The dirt won't.
They aren't mind readers. Tell them you (or wife) do mind the trespass dirt and put up a temporary visual barrier to remind them.

Last edited by Parnassia; 05-25-2021 at 03:43 PM..
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Old 05-25-2021, 07:46 PM
 
2,336 posts, read 2,566,640 times
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Have a calm and civil conversation with the contractor. Tell them you understand that this is only a short term disruption and that you expect your property to be restored to its previous condition when they're done. They deal with this stuff all the time and as long as you're not a jerk about it there shouldn't be any problem getting it fixed.
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Old 05-25-2021, 08:42 PM
 
6,360 posts, read 4,181,873 times
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Quote:
Originally Posted by Okey Dokie View Post
Around here, there would be silt fence.
Exactly, silt fence, construction warning fence or something else that would delineate the construction area from the adjacent properties so that sub-contractors, workers and all materials stay within the boundaries of the construction area.

Have a brief discussion with the foreman and or the builder as they should certainly understand and be willing to cooperate.
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