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Old 03-30-2009, 08:52 PM
 
Location: San Antonio
7,629 posts, read 16,382,216 times
Reputation: 18770

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Heres hoping for a quick solution to your problem soon!
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Old 03-30-2009, 09:15 PM
 
330 posts, read 932,671 times
Reputation: 152
OP, you seem to be a very nice person who does not like making waves, but why should you put up with this nonsense..... Also consider this , why is this home daycare not licensed or have any permits, it may be because the owners are not following the rules and regulations that are in place in Texas for good reason . They should be inspected if for only the protection of the children in their care . Good luck with this situation!
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Old 03-31-2009, 01:34 PM
 
Location: San Antonio
107 posts, read 238,053 times
Reputation: 60
Wow, I see you problem and there is not an easy answer here I guess. I moved here a couple of months ago and had a problem what was kind of the same it didn't turn out so good for me.
I have neighbors who like to drink on the weekends and shoot off fireworks. Now when I moved here the news talked about something called "red" warnings about dryness. So I asked them to please stop because i was worried about the house next to mine who has very small children, plus mine own back yard. They told me off. I called the police and they did nothing.

It still goes on and the neighborhood seems not to care at all.

since then my BMW has been scratched and somebody popped my tire one night.

Just crazy stuff. Be careful, because sad as it is. Seems like the bad people always win.
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Old 03-31-2009, 06:06 PM
 
Location: san antonio/potranco area
604 posts, read 1,524,456 times
Reputation: 344
You say that the noise from the kids is 7 days a week all day long, and also that you are a teacher.....I assume you are out of work right now or how else would you hear the kids all day? or is that just a slight exaggeration? Also, if her driveway is 6 inches on your property-- did you not know your property lines before you moved in? I can understand being upset about the noise...but geese...6 inches What are you going to accomplish by fighting over that? The last time I let 6 inches bother me was ......well, a long time ago
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Old 03-31-2009, 06:45 PM
 
905 posts, read 2,947,087 times
Reputation: 613
Did you have the property surveyed and do you have the copy of the survey?

If the fence is on your property, then you should have the right to take it down. You should have the right to remove anything that is encroaching on your property. Case in point: If your neighbor's tree hangs over into your yard, you have the right to cut it back. My mother got into an argument with her neighbor because his tree was hanging over the fence into her yard and brushing up into her house. If it didn't get cut back, it would damage the siding on the house. She tried to get him to cut it back and he refused. She did some phone calls and found that she couldn't force him to cut back the tree, but would have to do it herself.

I would consult either with the HOA or the realtor you bought the house from, who may be able to recommend a real estate attorney if necessary. Maybe there was a mistake in the survey. Maybe the city code compliance or some other department has to get involved. I just don't know.

Good luck. If the fence is on your property and you have documented proof that you can remove it, by all means, do what you want. Besides, it's her problem for putting it where it shouldn't be. That doesn't solve the problem of having good neighborly relations, though. You may find that it's not worth fighting about or it's too expensive to worry with. In that case, you might just consider putting up the privacy fence on your property, right next to hers.

The possibility of an unlicensed daycare center is a different story, though. I understand not wanting to hurt someone's livelihood, but if she isn't licensed, she should be able to become licensed. Perhaps she is licensed and it just doesn't show on the website. Maybe these are all her grandkids/neices/nephews and not paid child care clients. At any rate, if she is unlicensed, which is illegal, there are no guarantees that she is running a safe child care facility. I wouldn't want to feel responsible if something happened to one of those kids and I had not reported the violation when I had the chance. I can also see where that wouldn't contribute to good neighborly relations, but in the case where it could impact a child's life, what else can one do?
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