Neighbor trying to knock down our fence

[daughtersrus]

What about selling him the piece of property? I'm sure you'd have to get an exception from the town to (technically) sub divide the property, but under the circumstances they may grant it.
I also wouldn't let the neighbors pressure you into something you are not comfortable doing. And don't feel bad. It's not your problem, it is there's for not doing their homework on how to proceed properly.

I would never give the property to him but I might sell it if the price was right

 

[phorsenuf]

I would never give the property to him but I might sell it if the price was right

I used the wrong 'there'. Shame on me!

 

[MouseMomx2]

He is in charge of building his own retaining wall without touching our property and asking us for money. Since he built his house too close to the property line, he doesn't have enough room to build the retaining wall that he wanted. The new retaining wall that will only be on his property (I think they said steel) will cost him $150,000 to build. If we decide to give him permission to knock down our fence, move our shed, and take 5 more feet into our property (in addition to the 2 feet he already knocked down on the other side of our fence) it will cost him $55,000. This was his original intended plan that he was trying to make us pay for. Now I don't know if it sounds rude of me, but I feel extremely uncomfortable giving away a good chunk of our property to a man who was trying to steal it from us and then sue us only a couple of weeks ago. The engineer is strongly suggesting that we do the "neighborly thing" and let him have it to avoid any further issues. The builder went to the town and told them that he simply didn't have the money to build the $150,000 wall on his own and that it could take years for him to come up with the money, leaving the house partially built and sitting there for another 2-3 years. He then proceeded to tell my other neighbors his sob story, and now they're getting angry with us because they don't want to look at "the eyesore of a house" in their neighborhood. I honestly do feel bad for causing such a problem, but at the same time I shouldn't have to give away a part of our property just because he did some poor planning on his end. As far as any legal issues, he has to fix our fence and fix the damage to the property, so I'm not worried about that anymore. I'll try to post the pictures today and if anyone knows how I can do it from a mobile device let me know.

You didn't cause the problem. He did. He chose to dig on your land. He chose to demand money from you. He chose to be a jerk about it.

You did nothing wrong here. Personally, I would never give him the land. His mistake, his problem. I might, as others have suggested, consider selling it to him (the $47,500 seems fair), but I would never give it to him.

 

[Tinkerdreams]

You did not cause ANY issues. Stand your ground and don't let him have an inch of your property. Make him fix what he has damaged and if he needs to, he can tear his house down and start over. The town should have been inspecting what he had been doing the entire time. I know in our area, every single thing you do has to be inspected and approved by the town.

Neighbors like this will only cause more issues as the years go on if you give into him.

 

[DeniseinNS]

Updates since my last post:

So after my trip to the town and my visit from the engineer, I came home to find the entire job site taped up! The town completely shut his construction down and told us that he is not allowed back into his own property until he fixes our damage and makes the incline level safe. Yesterday I noticed the tape was down and he was back. I still haven't spoken to him. Now this
is where my next problem is.

He is in charge of building his own retaining wall without touching our property and asking us for money. Since he built his house too close to the property line, he doesn't have enough room to build the retaining wall that he wanted. The new retaining wall that will only be on his property (I think they said steel) will cost him $150,000 to build. If we decide to give him permission to knock down our fence, move our shed, and take 5 more feet into our property (in addition to the 2 feet he already knocked down on the other side of our fence) it will cost him $55,000. This was his original intended plan that he was trying to make us pay for. Now I don't know if it sounds rude of me, but I feel extremely uncomfortable giving away a good chunk of our property to a man who was trying to steal it from us and then sue us only a couple of weeks ago. The engineer is strongly suggesting that we do the "neighborly thing" and let him have it to avoid any further issues. The builder went to the town and told them that he simply didn't have the money to build the $150,000 wall on his own and that it could take years for him to come up with the money, leaving the house partially built and sitting there for another 2-3 years. He then proceeded to tell my other neighbors his sob story, and now they're getting angry with us because they don't want to look at "the eyesore of a house" in their neighborhood. I honestly do feel bad for causing such a problem, but at the same time I shouldn't have to give away a part of our property just because he did some poor planning on his end. As far as any legal issues, he has to fix our fence and fix the damage to the property, so I'm not worried about that anymore. I'll try to post the pictures today and if anyone knows how I can do it from a mobile device let me know.

No way would I give him any of my land after what he has done to you and trying to get you to pay for half of HIS bill!!!! He should have done things right in the first place before he started building. Did you tell your neighbours about how he tried to screw you over already??? I bet if they were in your situation they would think differently!

 

[A_Princess'_Daddy]

Basically, taking your land would save him $95,000?

Sell the 5' to him for $47,500.

This is my thought, as well, although I'd suggest selling it to him as an easement, rather than selling the land outright. It will keep your lot intact but you will receive compensation for the trouble. I'd also strongly suggest having him post a bond to ensure the work is done correctly and to your satisfaction and that he doesn't leave a huge mess after he gets what he wants.

The guy sounds nutty!

ETA, you are also completely within your rights to NOT sell him anything, which I think is totally legitimate given his behavior and bizarre behavior! I merely suggest that if you DO want to sell him some land, do it as an easement and don't divide your lot lest it cause issues for you down the road.

 

[SMD]

How deep is your yard and what would 5 feet do to it? How much is he proposing to pay for it, and is it a fair amount? I don't know that I'd care if the other neighbors don't like the eyesore, they can look in another direction. Maybe his financial issues will sort themselves out when he decides to sell and move to a place that is in his budget.

 

[cabanafrau]

Not only would I consider selling him an easement to build the retaining wall, I would also include provisions that allow you review, give input and require agreement on the final design, materials & builder. Of course he's going to insist the builder be himself, but you need to make sure you have plenty of arrows in your quiver to do more than annoy him if things don't follow plan. This is one of those situations where it ain't over 'til it's over.

 

[FlightlessDuck]

Basically, taking your land would save him $95,000?

Sell the 5' to him for $47,500.

This is what I was thinking, although I didn't come up with an actual price.

 

[Tozzie]

Updates since my last post:

So after my trip to the town and my visit from the engineer, I came home to find the entire job site taped up! The town completely shut his construction down and told us that he is not allowed back into his own property until he fixes our damage and makes the incline level safe. Yesterday I noticed the tape was down and he was back. I still haven't spoken to him. Now this
is where my next problem is.

He is in charge of building his own retaining wall without touching our property and asking us for money. Since he built his house too close to the property line, he doesn't have enough room to build the retaining wall that he wanted. The new retaining wall that will only be on his property (I think they said steel) will cost him $150,000 to build. If we decide to give him permission to knock down our fence, move our shed, and take 5 more feet into our property (in addition to the 2 feet he already knocked down on the other side of our fence) it will cost him $55,000. This was his original intended plan that he was trying to make us pay for. Now I don't know if it sounds rude of me, but I feel extremely uncomfortable giving away a good chunk of our property to a man who was trying to steal it from us and then sue us only a couple of weeks ago. The engineer is strongly suggesting that we do the "neighborly thing" and let him have it to avoid any further issues. The builder went to the town and told them that he simply didn't have the money to build the $150,000 wall on his own and that it could take years for him to come up with the money, leaving the house partially built and sitting there for another 2-3 years. He then proceeded to tell my other neighbors his sob story, and now they're getting angry with us because they don't want to look at "the eyesore of a house" in their neighborhood. I honestly do feel bad for causing such a problem, but at the same time I shouldn't have to give away a part of our property just because he did some poor planning on his end. As far as any legal issues, he has to fix our fence and fix the damage to the property, so I'm not worried about that anymore. I'll try to post the pictures today and if anyone knows how I can do it from a mobile device let me know.

What are you sorry for? You didnt do anything the pompus jerk who is Building this thoufght he could do whatever he wanted anfd he found out he cant. I would nevergive 5 feet of my property away to anyone nor would I sell it remember resale issues. As for the neighboors tell them to complain to the town regarding the eyesore. Personally I don't believe he does not have the money He just doesn't want to spend it if he can steel your property.


If he ceases work due to his alleged financial issues, wait about a month or two then start complaining about the hazardous conditions his work site is creating.

 

[dakcp2001]

I wouldn't give him anything. I would sell him anything. He did the wrong thing, he got caught, now he has to pay the piper. That's his problem ,not yours. After the way he treated you, he got his due karma. Think of how many people he's treated this way, he is clearly used to getting what he wants. Tell the other neighbors to mind their business. If it were their property, they'd be singing a different tune. Don't worry about their opinion. Until their opinion helps pay your bills, it shouldn't be a factor. His mess, his problem , and exactly what he had coming.

He probably can afford it he is just trying to get you to give him what he wants. Since he couldn't just bully you, now he's trying to manipulate.

 

[The Mystery Machine]

I wouldn't give him anything. I would sell him anything. He did the wrong thing, he got caught, now he has to pay the piper. That's his problem ,not yours. After the way he treated you, he got his due karma. Think of how many people he's treated this way, he is clearly used to getting what he wants. Tell the other neighbors to mind their business. If it were their property, they'd be singing a different tune. Don't worry about their opinion. Until their opinion helps pay your bills, it shouldn't be a factor. His mess, his problem , and exactly what he had coming.

He probably can afford it he is just trying to get you to give him what he wants. Since he couldn't just bully you, now he's trying to manipulate.

MTE !!!!

In a nutshell, he can go pound sand.

 

[hereyago]

I wouldn't give or sell him anything, but I am kind of witchy. Now, had he had not acted up, I would sell. But how could you trust him after that?

 

[The Mystery Machine]

I wouldn't give or sell him anything, but I am kind of twitchy. Now, had he had not acted up, I would sell. But how could you trust him after that?

"When people show you who they are, believe them".

 

[EMode]

I wouldn't give him anything. I would sell him anything. He did the wrong thing, he got caught, now he has to pay the piper. That's his problem ,not yours. After the way he treated you, he got his due karma. Think of how many people he's treated this way, he is clearly used to getting what he wants. Tell the other neighbors to mind their business. If it were their property, they'd be singing a different tune. Don't worry about their opinion. Until their opinion helps pay your bills, it shouldn't be a factor. His mess, his problem , and exactly what he had coming.

He probably can afford it he is just trying to get you to give him what he wants. Since he couldn't just bully you, now he's trying to manipulate.

 

[I loveStitchnippyjon]

"GIVE" him 7 feet of your property?? HICK NO! Personally, I might dig in my heels and refuse to consider ANYTHING, or else charge him at least $50,000 for the land.
Actually, I put a lot of blame on the town for allowing him to begin construction too close to the property line, without proper permits, and legal permission for the retaining wall!
Seems like he would be better off tearing down what he started and re-doing it in the proper site!
Probably less expensive in the long run....

 

[Sanchez]

OP, you really should speak with a lawyer. Public legal advice comes in two forms: bad and worse. None of us know all of the facts and even as a real estate lawyer I could not give you sound advice without complete review of all factors involved.

Some basic considerations on the sale versus easement (this is assuming that you elect to do nothing which, based on what you have presented, seems to be a pretty good option unless you have potential liability for erosion on your property.)

If you decide to sell the buyer would be responsible for plat, survey deed and all costs. However, if you have a lien (mortgage) on your property you are most likely required to notify your lender who, in today's world will not likely approve the sale of a portion of the asset. If they did it would likely require you to pay them all of the proceeds. You should also consider tax consequences including real estate tax consequences.

In general, an easement in this situation is probably not the best course of action. You would maintain the underlying title but permit a permanent structure to be built on your property. That would mostly render the property valueless in the future but now you would have the added liability. No matter how strong the provisions contained in the easement (indemnification and hold harmless) you still can and will be sued if a problem arises (or could be responsible for maintenance and improvements.) What if the neighbor (current or future) is unable to pay? Bankrupt? Are there environmental concerns and possible penalties and fees? Again, if you have a mortgage your lender would need to approve and it is unlikely they would do so.

Get a lawyer.

 

[usd2bmd]

Not to play devil's advocate here but maybe this was part of his scheme to begin with.

I would first contact someone to see if the work he was looking to do would in any way devalue the property you own. (if you decide to sell to him). Then if I decided to sell I would contact someone who knew what they were doing to over see what he does becuase IMO he has already shwon that the doesn't like to do things the way they should be done.

My firdt instinct would be to tell him no you won't sell or give him anything and that he has to make you whole again. Then I would find myself an attorney that knows about land disputes.

My gut tells me any dealings with htis man will only bring you further headaches and trouble.

Good luck,

 

[momof1princess]

I wouldn't give him anything, nor would I sell him anything. He tried to con you out of tens of thousands of dollars, let him fix his mistake. He should've put his house in the right place to start with. This is NOT your fault, OP. Not in the least. If the neighbors don't like it (And really, they've got no skin in this game-it's not THEIR property he tried to take. They don't like looking at a partially-built house? BOO HOO.), let them take up money and pay for the retaining wall.

 

[mom2rose&john]

Basically, taking your land would save him $95,000?

Sell the 5' to him for $47,500.

This But start negotiations higher.

You also need to go to a town board meeting or talk with the town supervisor directly. If they are not responsive to you, then go to your local TV news station and discuss with them. Is this person a large builder in your neighborhood. Perhaps placing a sign on you front property saying Ask me what "blank" is doing to my property will stop this nonsense.

Best of Luck