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  1. #1
    N_C
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    Yeah, OK, Whatever.

    This is the response I got this weekend from the brother of the person who owns the house next to mine. The one I share a driveway with. The person who owns the house does not live there but is renting it.

    Her brother was replacing the shingles on the garage roof. The garage sit 2 feet on my side of the property line & I own the space between the garages.

    Both houses & garages were built between 1936 & 1938. After the garages were built was when it was realized that the garage next to mine encroached onto my side of the property line by 2 feet. Rather then tear it down &/or move it over there was a agreement drawn up that basically says it is ok to leave it like that unless a future owner tears it down. When that happens the garage has to be moved to the west in accordance with current zoning laws.

    No big deal right? Well I thought so until this weekend. The guy that did the roofing job decided he had the right, with out informing or asking me first, to place a ladder between the garages to do the roof job. In Sioux City when a home owner is having work done on his or her home they are supposed to inform the neighbor closest to them & ask permission of the work requires encroachment onto the other persons property. Not only is the law but it is also common courtesy. There are a whole list of reasons this needs to be done. However this was not done.

    So when I saw what was happening I informed the person doing the work he was supposed to have informed me of his intentions. I was very nice & diplomatic about it, I did not cop a bad attitude toward him or the situation. And the response I got was Yeah, ok whatever. It was said with as a snide remark & with a bad attitude.

    So I informed he since he wants to cop an attitude & because the way he responded he is not to encroach onto my property between the garages any longer. If he does I will call the police & have him arrested for tresspassing. I then informed him that I will be taking steps to have the garage torn down as it is on my side & since his sister has owned the house there have been nothing but problems with them blocking the shared driveway, etc. Once the garage is gone there will no longer be a reason for them to even use the driveway, they park on the street after that. Before he could say anything I turned & walked away.

    Until I can take the legal steps to have her garage removed I am going to invest about $200.00 into a couple of gates so no one but me or my wife can walk between the garages. Even if anyone else enters into my back yard they will not be able to access the area between the garages.

    All I know is that when someone tresspasses onto my propery, especially into my back yard with out my permission I get really pissed off about it. I don't mind someone coming to my front door, eve strangers, that is expected from time to time as it is a more open area, not nearly as private. But the back, no unless I ask a person to I don't want anyone there. I feel as if it is a major violation of privacy & security. & I hate feeling that way.

    Ok rant over, I feel better now.

  2. #2
    Non Tribuo Anus Rodentum and off to the next adventure (RIP) Stacey's Avatar
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    Kick azz!

  3. #3
    Footballus vita est iamlucky13's Avatar
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    I normally don't rain on rants, but this seems excessive.

    Has there been a history of problems or is this the first time? While I absolutely agree that he should've have asked before working on your lawn and property rights are very important, I think in absence of a history of problems your response is way out of proportion. Also, since the house was built in the 30's, I assume you aren't the original owner. If so, you should have either stated your concerns when you bought the house and looked for a solution then, or found a house that better reflected your values of privacy and security. I find it hard to believe that you could just not care for a long time but somebody setting up a ladder in your backyard and having poor manners is enough that you would demand they deprive the house of a longstanding and very prominent feature. Whether that is the case or not, however, 1 infraction in 66 years hardly seems appropriate for such a fuss, even though you may very be within your legal rights.

    This is a case where I say take a chill pill, apologize, explain the importance of privacy and security. Personally, I would still allow them to continue to place the ladder in the yard for the duration of the re-roofing provided they are courteous during the discussion and agree to tell you when they will be doing the work. Otherwise, they can do the work without the ladder. Going ballistic the first time there's a problem and tearing down a building isn't good for building a friendly neighborhood.

    Of course, if the building has been a frequent source conflict, something will have to be done eventually and you can disregard most of what I said.
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  4. #4
    Pedalphile BurlySurly's Avatar
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    N_C, you've got to be kidding me. A ladder in between the garages and you want to calle the cops? Get a freaking grip dude. If i was that guy, and I was going to jail, I would have at least assaulted you with a hammer to make the trip downtown worthwhile.
    Dont PM me.

  5. #5
    Canon fiend MadMan2k's Avatar
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    There's a similar thing going on between two of my neighbors...

    One is a realtor, he bought a ~14 acre piece of land for about $15k, and sub-divided it into 7 different lots, selling each for about $80k. Pretty sweet for him, and he probably doesn't mind, but he didn't exactly make friends doing it.
    The neighbor who's against him, bought one of the lots with a house on it a few years ago, and is encountering major problems since the septic system and propane tank were done very cheaply.

    While construction is in progress for developing a lot for part of the property the realtor guy owns, the un-happy customer is taking a backhoe and digging right up to the line where his propery meets the new lot. Apparently he's going to use the dirt he took to build up his yard, on the same side of the road as his house, and leave the place he took the dirt from looking nice and ugly (on the other side of the road, the property overlaps). My mom has to act as the middle man since they won't talk to each other, but at least I get a nice dirt quarter pipe/jump/drop area in the meantime

  6. #6
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    Quote Originally Posted by BurlySurly
    N_C, you've got to be kidding me. A ladder in between the garages and you want to calle the cops? Get a freaking grip dude.
    Seriously.

  7. #7
    N_C
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    Quote Originally Posted by iamlucky13
    I normally don't rain on rants, but this seems excessive.

    Has there been a history of problems or is this the first time? While I absolutely agree that he should've have asked before working on your lawn and property rights are very important, I think in absence of a history of problems your response is way out of proportion. Also, since the house was built in the 30's, I assume you aren't the original owner. If so, you should have either stated your concerns when you bought the house and looked for a solution then, or found a house that better reflected your values of privacy and security. I find it hard to believe that you could just not care for a long time but somebody setting up a ladder in your backyard and having poor manners is enough that you would demand they deprive the house of a longstanding and very prominent feature. Whether that is the case or not, however, 1 infraction in 66 years hardly seems appropriate for such a fuss, even though you may very be within your legal rights.

    This is a case where I say take a chill pill, apologize, explain the importance of privacy and security. Personally, I would still allow them to continue to place the ladder in the yard for the duration of the re-roofing provided they are courteous during the discussion and agree to tell you when they will be doing the work. Otherwise, they can do the work without the ladder. Going ballistic the first time there's a problem and tearing down a building isn't good for building a friendly neighborhood.

    Of course, if the building has been a frequent source conflict, something will have to be done eventually and you can disregard most of what I said.
    This was not the only incident. There is a history. Read on.

    Not only is there an agreement covering the issue with the garage but there is also one regarding the shared driveway. It basically says that neither property owner can block the access in or out of the shared portion of the driveway. This was drawn up in a legal document and added to the abstracts for both property's. The same document also states that both property owners are to share in the maintenance of the driveway. Does she do that? Hell no! Every damn winter I'm out there clearing it & I have purchased all of the sand & salt to keep it from icing up when it freezes. In a few years it'll need to be resurfaced with blacktop. More then likely I'll have to foot the bill for that too. At the top the driveway widens onto each of our individual private property's. This only accounts for about 25% of the entire thing. The remaining 75% is shared. When I have to resurface it I will not do her private part, just mine & the shared portion.

    My wife & I have never violated this agreement. But our neighbor & her family constantly violate this. It got to the point where we had a sign made that basically says do not block shared driveway. Violator towed at owners expense. We also found a towing company who will not bill us for the towing bill but whom ever owns the vehicle that is being towed. I have lost count on how many times I have called the towing company, then before the tow truck arrives they move the vehicle or leave, without a warning from me. I used to warn them, not any longer. There have even been a few times when the tow truck showed up just as they were backing out of the driveway. You should have seen the looks I got from them that time. I don't care anymore, I'm sick of it & I mean business.

    The person who owns the house that I share the driveway with & her family thinks they own the whole damn area. From what I understand she has something like 13 brothers & sisters. That's fine, but I don't want all of them parking in the driveway & blocking my access to it.

    So the problem with them blocking the driveway plus the issue with her brother tresspassing onto my property without my permission is all I should need to have her garage torn down & have the drveway claimed as my private property. There is a place on the street next her her house, (she is the corner house) where she can have a new driveway & garage built. That or they can park on the street & walk up the hill to her door.

    Either way I don't care I'm going to see what can be done about this.

    So as you can see for the past few years this has been an ongoing problem that will be dealt with accordingly because I am through speaking with these people.

  8. #8
    Non Tribuo Anus Rodentum and off to the next adventure (RIP) Stacey's Avatar
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    Quote Originally Posted by BurlySurly
    N_C, you've got to be kidding me. A ladder in between the garages and you want to calle the cops? Get a freaking grip dude. If i was that guy, and I was going to jail, I would have at least assaulted you with a hammer to make the trip downtown worthwhile.
    LOL, @ B/S!!! If I was N_C, I'd have planted the claws of said hammer squarely between your eyes quicker than Billy-Be-Damned and redirected that trip.

    But that's just me talking smack, just like you.

  9. #9
    You need a new bike supcom's Avatar
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    How do you expect to force the current owner to tear down her garage when there is a written agreement that requires you (as a future owner) to allow it to remain?

    Perhaps you could pursue a breach of contract claim based on the other owner not paying her half of the driveway maintenance. However, you would probably need to formally notify her of any maintenance expenses in a timely manner and demand payment first.

    As far as blocking the driveway goes, it seems that your beef is with the renters, not the owner.

    You are off base on the ladder incident since it is certainly reasonable to place a ladder between the two structures for normal maintenance purposes especially when the other garage is already on your property. Despite what the law may state, your acceptance of the encroachment of the garage (buy buying your house) pretty much implies consent that the owner can perform normal maintenance on her garage.

    Your mistake was buying a house with another person's property encroaching on your land and an open ended agreement giving the other the other owner a perpetual right to continue the encroachment rent free. Compounding the issue is that the other house is a rental unit with residents who don't care about the property agreements.

    In any event, forcing the removal of the garage is probably a long shot. You will certainly have to get an attorney involved which is going to cost you real money and require a protracted legal battle. Chances are a breach of contract claim will only end with the other owner agreeing to pay any documented outstanding maintenance costs of the driveway (a sum likely to be far less than your legal fees).

    If the garage is not in good condition, perhaps you could get the structure condemned. If it does not meet applicable code requirements (not neccessarily the current code) then you might be able to force a demand to bring the garage back to compliance or be torn down for safety reasons. If the garage is in bad enough condition, it might not be worth the money for the owner to renovate it. This is also a long shot since you stated that the owner was already maintaining the garage when you decided to throw your fit.

  10. #10
    Senior Member DieselDan's Avatar
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    JV, mind if I call you by the name some of us know you really by, you've been going on about BS like this for years now. Time to take your meds and settle down. I'd advise calling the cops if I were you, there may be some outstanding warrents on you for threats and intimidation.
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