Neighbor trying to knock down our fence

[Sanchez]

The guy is a builder. He likely had plans when he toured the property as a buyer. Unless I miss my guess, this lot was available because of this issue, probably at a discount. He went forward with the intention of taking the excavation to the point of no return, hoping OP would give in, or ideally assume responsibility for most/all of the cost of his plan, really upping his return on investment for taking a chance on this piece of property.

There has been lots of well meaning, logical advice in this thread, however at the end of the day the reality is the only way OP is going to get her interests protected is by retaining a skilled professional gun for hire that is working solely in her interest. These types of things commonly go on for years with the aggressive party hoping to outwait their opponent. No doubt most of the financial responsibility on the builder's end is shifted onto his business, not something he shares personally. A well timed bankruptcy filing could leave OP holding ashes, while the builder in fact prevails in the end.

The municipality & its police force are going to do what benefits them in the end, not OP. The mortgage company is not going to send in house counsel to protect OP's interests, matter of fact she may face unintended consequences herself. Hiring a good attorney now is the best way to keep OP's costs down in the end.

I certainly agree that contacting her lender (if there is one) at this point is a bad idea.

I also wonder whether there is a benefit to the OP to have a retaining wall. I do not completely understand the situation, but based on the description it seems that erosion is possible and may affect OP's property moving forward. I say this just to point out that the situation needs to be viewed in total and that usually spite and bravado (as many are advocating on this thread) may serve to harm OP in the future.

 

[robinb]

I also wonder whether there is a benefit to the OP to have a retaining wall. I do not completely understand the situation, but based on the description it seems that erosion is possible and may affect OP's property moving forward. I say this just to point out that the situation needs to be viewed in total and that usually spite and bravado (as many are advocating on this thread) may serve to harm OP in the future.

Yes, I was thinking the same thing. While the idea of telling the builder to "pound sand" is entertaining, it may actually not be in her best interest at this point. Allowing the proper installation of the retaining wall with correct drainage from her property may actually be be better for her than what was there before.

 

[thebutlerdidit]

If the OP needs the retaining wall now it is because of the damage the builder has done to her property. She had planned for erosion when she put up her fence well before this mess started. The builder was told to put up the retaining wall from the town, that should be the first thing he does before working on the house. I had said to contact the mortgage company and see now it could cause problems. But you are in the right so hire a lawyer it will be money well spent, and hopefully the builder will have to pay the lawyers fee.

 

[NHdisneylover]

Wow. I had a bunch of quotes but it was soo many, so I will just say I agree with many people .

First, this is in NO WAY your fault or responsibility and any eye sore or other inconvenience to the neighborhood is the builder'S fault. NOT yours.

I agree that you need to retain an excellent real estate attorney immediately, not sign ANYthing and ask the lawyer about getting your mortgage holder involved.

I also suspect that the builder planned on being able to push you around from the get go

 

[cabanafrau]

Yes, I was thinking the same thing. While the idea of telling the builder to "pound sand" is entertaining, it may actually not be in her best interest at this point. Allowing the proper installation of the retaining wall with correct drainage from her property may actually be be better for her than what was there before.

It's been my thought all along that OP's property was stable as is. The adjacent property was probaby in need of very costly solutions to get around the drainage issues, solutions that also took away from the ability to place a home of desirable size in a desirable orientation on the property -- all reasons why the property was vacant. I suspect the landowner may have been looking for a while for someone to unload the property on.

Along comes a builder with the idea that it will be easier to ask for forgiveness later, as opposed to permission first. He's well aware that if he goes in & excavates enough that it will create issues involving OP's property. Ideally he's hoping to then "share" the costs of the solution with OP. I suspect the plan was for him to shoulder significantly less than half the cost of the expensive option. OP didn't bite, raised some opposition & now it's a standoff. He's trying to solicit neighborhood opinion to bolster his position. He's well aware at this point a waiting game is favorable to him because the status quo is now unstable.

OP's mortgage company and insurance company may not be willing to let things wait upon municipal enforcement, particularly as the builder is likely to stall until it's time to bring his attorney into play. When that happens a new stopwatch controls what happens. Injunctions at stop work orders and other legal motions can drag things for a while. In the meantime the case is built that things need to be addressed, the neighbors want the issue addressed & it becomes likely a judge could decide to give the guy a slap on the wrist w/ some penalties, but decide that OP will benefit from the necessary retaining walls & should rightfully contribute to the cost. Happens all the time. All reasons why a lawyer now, a good lawyer, will change the game to one more favorable to OP now.

 

[lsyorke]

likely a judge could decide to give the guy a slap on the wrist w/ some penalties, but decide that OP will benefit from the necessary retaining walls & should rightfully contribute to the cost. Happens all the time. All reasons why a lawyer now, a good lawyer, will change the game to one more favorable to OP now.

The OP's property was fine, PRIOR to this building making unpermitted changes. I can't see a judge ruling that the OP now has to pay for something that she didn't initiate, or approve of, and was done without her permission.

 

[manning]

I have THREE critical pieces of advice for the OP

1. Get a lawyer

2. Get a lawyer

And the most important one

3. GET A LAWYER!!

 

[manning]

The OP May face this situation if she decided to sell part of the property.

http://qna.mortgagenewsdaily.com/questions/selling-part-of-a-property-financed-by-a-mortgage-company

 

[bcla]

The OP May face this situation if she decided to sell part of the property.

http://qna.mortgagenewsdaily.com/questions/selling-part-of-a-property-financed-by-a-mortgage-company

They probably wouldn't be able to stop an eminent domain sale. And most public purchases of land are negotiated before it gets to the point where the eminent domain process starts. I think in that case the bank might work with them - especially if the sale proceeds are used to pay down the loan.

 

[lsyorke]

They probably wouldn't be able to stop an eminent domain sale. And most public purchases of land are negotiated before it gets to the point where the eminent domain process starts. I think in that case the bank might work with them - especially if the sale proceeds are used to pay down the loan.

This isn't an eminent domain case. The property isn't being "taken" by the government, it's trying to be taken by an individual.

Yup, get a lawyer

 

[bcla]

This isn't an eminent domain case. The property isn't being "taken" by the government, it's trying to be taken by an individual.

Yup, get a lawyer

But the sample mortgage agreement text states that a property can't be subdivided and doesn't state what happens in an eminent domain sale. I'm not sure what happens, but I don't think a lender could sue for breach of contract if the sale is ordered by a court.

 

[4under4]

Just curious if OP has any updates?

 

[manning]

But the sample mortgage agreement text states that a property can't be subdivided and doesn't state what happens in an eminent domain sale. I'm not sure what happens, but I don't think a lender could sue for breach of contract if the sale is ordered by a court.

In this case the court is not involved.

 

[lsyorke]

In this case the court is not involved.

And I can't see any judge saying" yup, he can have your land because he's already screwed with it".

 

[hollieplus2]

Any update? Was following this thread and I feel sorry for the position the OP was put in. I hope your aren't being taken advantage of anymore and things are going well.

 

[BaileyKin]

Any update? Was following this thread and I feel sorry for the position the OP was put in. I hope your aren't being taken advantage of anymore and things are going well.

Oh course I can update

So the town came and shut him down. I was told that the only way he is allowed back onto his property is if he's there to fix his violations and make it right. He hasn't fixed our property, but the town told us that he will soon, and I know he has to fix ours before he's allowed to start working on his house again. I'm fine with that for now because we have the town on our side.

However, we did get a notice before summons in the mail a couple of days ago that told us we were in violation with our shed being too close to the property line. It has to be 3 feet from the property line and ours is 2 1/2 feet. I called the town law department, told them I had the land survey with the shed on it, and faxed it over. I figured I could just shave off 6 inches from my shed and fix whatever violation we were in. The town called me back, thanked me for the documentation and told me that he wasn't about to split hairs over 6 inches. He didn't realize the builder was reporting me for something so petty. I guess he was trying to get back at us for reporting him? The town told me not to worry about it and we are no longer in violation.


Other than that, I still have to see him when I go outside, but I'm lucky he hasn't tried to say or do anything to me!

 

[Tozzie]

Oh course I can update

So the town came and shut him down. I was told that the only way he is allowed back onto his property is if he's there to fix his violations and make it right. He hasn't fixed our property, but the town told us that he will soon, and I know he has to fix ours before he's allowed to start working on his house again. I'm fine with that for now because we have the town on our side.

However, we did get a notice before summons in the mail a couple of days ago that told us we were in violation with our shed being too close to the property line. It has to be 3 feet from the property line and ours is 2 1/2 feet. I called the town law department, told them I had the land survey with the shed on it, and faxed it over. I figured I could just shave off 6 inches from my shed and fix whatever violation we were in. The town called me back, thanked me for the documentation and told me that he wasn't about to split hairs over 6 inches. He didn't realize the builder was reporting me for something so petty. I guess he was trying to get back at us for reporting him? The town told me not to worry about it and we are no longer in violation.


Other than that, I still have to see him when I go outside, but I'm lucky he hasn't tried to say or do anything to me!

I am glad things are working in your favor. Now, he most probably will be your next door neighbor sooner rather than later and even when he is building you can't be home 24/7 have you thought about or looked into getting security cameras for around your house. A friend of mine, well he is a bit nuts but that is beside the point, he got a set with 16 cameras either at home depot or some other such store and installed them himself and it cost him less than $200. This way if he "accidently" damages your property you will have a record of it.

It might be worth thinking about

 

[rodeo65]

Oh course I can update

So the town came and shut him down. I was told that the only way he is allowed back onto his property is if he's there to fix his violations and make it right. He hasn't fixed our property, but the town told us that he will soon, and I know he has to fix ours before he's allowed to start working on his house again. I'm fine with that for now because we have the town on our side.

However, we did get a notice before summons in the mail a couple of days ago that told us we were in violation with our shed being too close to the property line. It has to be 3 feet from the property line and ours is 2 1/2 feet. I called the town law department, told them I had the land survey with the shed on it, and faxed it over. I figured I could just shave off 6 inches from my shed and fix whatever violation we were in. The town called me back, thanked me for the documentation and told me that he wasn't about to split hairs over 6 inches. He didn't realize the builder was reporting me for something so petty. I guess he was trying to get back at us for reporting him? The town told me not to worry about it and we are no longer in violation.


Other than that, I still have to see him when I go outside, but I'm lucky he hasn't tried to say or do anything to me!

I'm so glad to read your update! I've thought about you and wondered how things were going. You must be so relieved that the situation is going your way.

I can relate to having to see a neighbour around outside that you are in conflict with. We have one of those across the street from us and I am really starting to think he is unbalanced. Stops whatever he is doing to glare any time he sees us; really goes out of his way to try and intimidate us. This is over a dog issue (his) and loud partying kids doing drugs and drinking half the night (again - his and with his knowledge and apparently permission.) Not sure what he thinks he is accomplishing other than to make himself look the fool, but whatever - he seems to enjoy himself.

 

[NHdisneylover]

Thanks for the update. I am so glad the city is willing to back you and not letting this bully push them and you around

 

[4 The Love Of Disney]

Oh course I can update So the town came and shut him down. I was told that the only way he is allowed back onto his property is if he's there to fix his violations and make it right. He hasn't fixed our property, but the town told us that he will soon, and I know he has to fix ours before he's allowed to start working on his house again. I'm fine with that for now because we have the town on our side. However, we did get a notice before summons in the mail a couple of days ago that told us we were in violation with our shed being too close to the property line. It has to be 3 feet from the property line and ours is 2 1/2 feet. I called the town law department, told them I had the land survey with the shed on it, and faxed it over. I figured I could just shave off 6 inches from my shed and fix whatever violation we were in. The town called me back, thanked me for the documentation and told me that he wasn't about to split hairs over 6 inches. He didn't realize the builder was reporting me for something so petty. I guess he was trying to get back at us for reporting him? The town told me not to worry about it and we are no longer in violation. Other than that, I still have to see him when I go outside, but I'm lucky he hasn't tried to say or do anything to me!

I'm glad to hear that things are going your way. I would just caution you on one thing. Until you receive a proper written notification from the town stating you are no longer in violation or that the summons has been withdrawn - please consider that summons still in effect. You may want to call the town back to see if you can get something in writing stating the summons has been withdrawn.