Neighbor adding a pool, my rights? (for sale, real estate, HOA)

[jtampa]

Hi all, I couldn't find any info about this so I thought I would see if anyone has had any experience in the area. My neighbor came by to inform us that they would be adding a pool, they spoke to my husband (this is the first time we have met them and they have been there 1.5 years) they said that the pool company would be going in between our homes for construction. They never asked for permission but did say if we have any questions to come by and they will contact the contractor, construction is going to begin in about a month, and the contractor has said they will fix any damage to the yard. Here’s where my problem begins. I have never had a contractor do 100% of what they say they will. There is no way they can build the pool without damaging our yard.

My home is currently for sale and I am very concerned that I will be in a 6 month court battle to restore my yard and my home will not sell. Does anyone know what my rights are in this matter?

[BucFan]

are you part of an HOA? If so, does the HOA have any rules about getting approval on these sorts of projects?

[tgtguy111]

Sounds like you're a little ticked and rightly so, that your neighbor hasn't bothered to say hello before this. But should that make you deny this guy a pool? I recently had a pool put in my back yard and needed a fence taken down between houses in order to get the proper equipment in there. I told the neighbor I would replace the old fence out of my own pocket. I installed the new fence myself. All went well. I don't think it's unreasonable for your neighbor to ask permission etc for his pool. This is a fact of life in areas where property lines are tight. But, you should get a written guarantee from him or the contractor that all will be put back to normal or better. Pool companies deal with this all the time.

[Irishiis49]

Originally Posted by tgtguy111

Sounds like you're a little ticked and rightly so, that your neighbor hasn't bothered to say hello before this. But should that make you deny this guy a pool? I recently had a pool put in my back yard and needed a fence taken down between houses in order to get the proper equipment in there. I told the neighbor I would replace the old fence out of my own pocket. I installed the new fence myself. All went well. I don't think it's unreasonable for your neighbor to ask permission etc for his pool. This is a fact of life in areas where property lines are tight. But, you should get a written guarantee from him or the contractor that all will be put back to normal or better. Pool companies deal with this all the time.

I agree...get the agreement in writing...I had a bad experience...a neighbor asked me if he could come onto my side of property to get pallets of sod through to his backyard...of course I said...well they brought this little tractor in with all this heavy sod and it sunk down and broke a water pipe!!! Ok...he handled it...I thought...two days later a guy knocks on my door(the plumber my neighbor called) and wants 150$ because it was on my property...and my neighbor told him that I would pay!!! So I went over to my neighbor and he says my pipes weren't buried deeply enough so it wasn't his fault...Yup...I just stood there with my mouth open...and then I said Frank I was just trying to be nice...and he says well that's what nice gets ya...I paid the plumber and never spoke to the azzhat again...So moral of the story get it in writing!!!

[Hawksphins]

Get the contractor to put in writing that your yard will be repaired. And include that in any real estate contract. Don't make this more difficult than it has to be. He has a right to improve his property. As long as you are made whole then it's a no brainier.

[hokiepoke]

Originally Posted by Irishiis49

I agree...get the agreement in writing...I had a bad experience...a neighbor asked me if he could come onto my side of property to get pallets of sod through to his backyard...of course I said...well they brought this little tractor in with all this heavy sod and it sunk down and broke a water pipe!!! Ok...he handled it...I thought...two days later a guy knocks on my door(the plumber my neighbor called) and wants 150$ because it was on my property...and my neighbor told him that I would pay!!! So I went over to my neighbor and he says my pipes weren't buried deeply enough so it wasn't his fault...Yup...I just stood there with my mouth open...and then I said Frank I was just trying to be nice...and he says well that's what nice gets ya...I paid the plumber and never spoke to the azzhat again...So moral of the story get it in writing!!!

Wow...just wow.

So did his grass suddenly turn yellow and all died? I mean things like that can happen.

[KPB]

There's one on every block lol.
I say let them build there pool.

[Irishiis49]

Originally Posted by hokiepoke

Wow...just wow.

So did his grass suddenly turn yellow and all died? I mean things like that can happen.

Ha!!! No I wouldn't have the balz...but good thinking!!!

[Pragmaticus]

Is your house getting traffic? In other words, are you about to get into a contract? Or you are just tasting the water and no one is looking at your house. Where I am getting at is that you could ask them, say, additional month and may be you can sell and be out within 2 months? I don't see it as a big deal if someone asked me to delay my construction by a month or two while they sell. Just a thought.

In any case, not only get this in written but do make a video documentation before they start the construction, just in case they don't bring things back to where it was.

Best of luck in your sale!

[engineman]

Check that he is complying with the county/city set back requirements.

I have no experience, but getting them to post a bond may apply here.