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horrible neighbor

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Anonymous-0

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I need advice on what to do with a guy that is in the process of putting up an outbuilding.
This bum is going to use my driveway for his approach to his new building. His plans that he submitted to the building dept showed that the approach is to be from the opposite end, so.....he is not following his own plans.
The block has been laid and the main entry door is facing my driveway. Grrrr....

I think I have to take this guy to court,
Can I have some advice on what to do?
Get an attorney?
 
Hi, as others have stated, Building Inspector should have the resources to deal with this type of situation. Lawyer will cost for their advice, although thet might be the end result. Good luck with what you own. Cheers, Murray
 
Never mind the building inspector or the lawyers,tell the guy there is no right of way in your deed,you are not obliged to give him one and you will not allow his traffic through your driveway,the first time he does phone the police and have him charged with tresspass..pretty simple...
 


Sounds like one of my neighbors, did we really raise these idiots here or were they dropped off from a space ship? I would wait until he had it all the way up before I made it it impossible for him to enter it over my property,,, with a nice fence.
 
I agree with advice already given. A fence and keep something parked in driveway.

If you are like me, you may not want vehicle sitting out all the time. In that case how about some decorative landscaping. 3 or 4 "decorative boulders" might add a nice touch to your property ?

Good luck, Bill
 
(quoted from post at 12:09:54 10/01/13) I need advice on what to do with a guy that is in the process of putting up an outbuilding.
This bum is going to use my driveway for his approach to his new building. His plans that he submitted to the building dept showed that the approach is to be from the opposite end, so.....he is not following his own plans.
The block has been laid and the main entry door is facing my driveway. Grrrr....

I think I have to take this guy to court,
Can I have some advice on what to do?
Get an attorney?
Click to expand...

Little background please. Is this guy a complete AH? Had trouble with other things? Do you keep you car in driveway? if not what does it hurt for him to use it. If you do keep you car in driveway that is another story. A few blocks from me a couple neighbors had dispute over property line. Long story, one had it surveyed and the property line was so far off one guys eve was over line. Then it really go hot. the one guy wanted part of house cut away. Don't know what finally happened but a new fence is up about 1/2 way between.
I say this because before you cause a lot of resistance, make sure you know where your line is and none of your driveway is over the line.
 
Have you talked with him yet? Is it a structure that he is putting up himself or was there a work crew that came in and did the block work? When out house was being built the crew that came and poured the footings did them backward. Our garage would have encroached on the neighbors property.

Talk with him first and then go the building inspector route if you don't get satisfaction with your neighbor.
 
STEP 1) Try talking WITH him first so that the two of you have an understanding, no misunderstandings that will make the next twenty years as neighbors miserable. If that doesn't work, proceed to step two.

STEP 2) Start showing up at his house at dinner time and calling his wife "Dear" and "Love", then tell him that if what's yours is his, then what's his is yours, and he aint going to be very happy about what you have planned for dessert from her. If that doesn't work, proceed to step three.

STEP 3) Fence.

Mark
 
Methinks there is more to this story........a visit to the building department should clarify the basics. Too many details missing.
 
Talk to the neighbor ASAP! Could be the builder messed up.
Give the guy a chance to fix it.....like a day. Then get the building inspector out there ASAP. The inspector will likely red tag the project and work will have to stop.

DO NOT WAIT until there is further progress on the building to do something!
 
Dan and Pops has it right. DO NOT WAIT, EVEN A DAY. Once the building is complete, he will sue you for right of way. Tell him in no uncertain terms that he cannot use your driveway, immediately block driveway with trailers and tractors, pickups, cars. Call police and building inspection department. Formally request that building inspectors halt all construction. Tom
 
Hate to admit it but, I am a retired building inspection supervisor for our county. My standard answer is we don't get involved in property line disputes or right of ways, these are civil matters and you need to resolve this either personally with your neighbor or obtain legal counsel. Inspectors don't care which way you enter the property or the building, they are there to ensure BOCA code requirements in our jurisdiction.
If they don't have a right of way or your permission to access, call your local police and inform dispatcher that they are trespassing and you want to press charges. Don't do anything stupid or confrontational.
 
First thing before you do anything else is get up a no trespassing sine. Without that trespassing laws are invalid. Found that out the hard way this past year with trespassers. Sherif says you do not need a sign to press charges, judge says yes you do. Tresspasseres coused me over a thousand and a trip to court just because I had not gotten the sign back up thet the weather destroyed. So get that sign up before you do anything else.
 
first put up no trespassing signs, then weld up a swinging gate in driveway and lock it....along with a fence....then sit in yard with a shotgun I bet he will get the hint quick.......lol
Kelly

good luck,
must be to cheep to put in his own driveway....
 
i be dog-gone if i would block MY driveway with anything nor would i put up a fence. no trespassing sign and verbal communicatons telling him that it is MY driveway.
 
Is there a setback requirement? Is his building in compliance with it? If so, then I don't know how you can assume he'll use your driveway. If he's not in compliance with setback, then get the building inspector out there ASAP.
 
Talk with your neighbor! What ever you do talk to him first! Do not be a coward and go behind his back and try to get somebody else to solve your problem. Even if he has done something wrong or untruthful that does not give you permission to do the same. My opinyon is to many people want to avoid confrontation and have other people solve their problems. I agree you we"re forced into this by the neighbor but you can be the bigger man.
 
You"re getting lots of advice. Let me affirm the idea of a survey if you haven"t done one. Maybe you have already.

When my family bought a parcel, the neighbor disputed the line. Only when it was eventually professionally surveyed did the dispute completely end (we were right, by the way). We should have had it surveyed immediately instead of letting frustrations build for some time. Good relationships with your neighbors--if possible--are worth the cost of a survey.
 
As a horrible neighbor myself, I'll share a dirty little bad neighbor secret. You are able to do far more to ensure a high level of respect from your neighbors than every government official including the president. When I first moved here in 2004, our neighbor owns the 70 acres that border ours. One of the things I did was cut down a lot of trees to allow light to dry some of the moisture around the house. As it turns out a bunch of those trees were on her side of the line. You can't see her house from ours, and the two are almost a quarter mile apart with hills seperating them. The woman is a single mother, about my wife's age. I suspect she noticed while she was driving past, yet instead of calling the sherriff's office she took the more prudent approach. She baked one of her really nice cheezecakes and walked over. She and my wife spent the afternoon chating, and became very good friends. The are still good friends. She frequently came over with pies or cookies and hung out with Melinda. The Coast Guard calls this a "Level One Use Of Force, or Officer Presence". Your friendly presence will do the most toward keeping bad neighbors doing right. To be honest, she and I have become friends.

The next step is to talk with them. It's fine to be assertive as long as you don't get combative. Ask him what he is planning. Here is where you will see if he is aware that he is doing wrong, if he under some misguided notion that you will be fine with things (this is the one that always gets me to do bad to neighbors. Imagine how I would never think that my chickens would upset anyone who's lawn they may fertilize). This is where the question that I know you are asking, what is this fellow thinking, gets an answer. As he answers your questions you should have an idea how to proceed.

If you think the government will deploy military force to guard your property line, may I ask if you have followed the immigration debate on the news? It is up to you to get resolution.

One last piece of advice, If you want to see those doughnut eating avoiders of conflict lift a finger to do anything, offend your probably thin skinned neighbor. When you report that he is encroaching your property, they give the problem the same attention they would to Al Quedia smuggling themselves in to America from Mexico, yet if your neighbor's feeling that your remarks are threatening you will finally see that SWAT team called into actions.
 
I talked to the building dept.
They can and will do NOTHING.
So I now have 2 options, talk to the Police and get an attorney to sue this guy.

No there is nothing else to the story, the guy has hated me for many years, now I will give him a reason to hate me.
He hates me mainly because I will not give into him to upgrade my home to the standards HE wants and other stupid BS that HE wants. After this discussion many years ago we stopped speaking. And we are now at the point as to which I described in my first post.
My wife wants camera installed, on top of the security alarm, no this is not on a city lot.
Thanks to all for the info supplied.
You are all a big help, go ahead and buy yourself a drink.
 
The party who had an eve over the property line
gained some property through an adverse possession
law. Once you use your neighbors property for 15
years or more it is yours. It might cost you 10
times more than it is worth in attorney fees. But
you will get deed to the property. Florida tweaked
their law a little so it is a little different.
 
In that case, erect legally proper no trespassing signs immediately and contact an attorney. The only way to fight really big time an al orifices is to hit them where it hurts and make them realize you will not be trifled with. Just be 100% sure you have the property lines correct to start with.

An alternative method is to make contact with Vito and Tony and contract a hit, but that's probably a little much for this situation!
 
There is a law called adverse possession, once you use your neighbors property for 15 years it becomes yours. It will cost you a lot of money in legal fees but it will become yours.

If you live close to the county seat go there and visit the law library, ask the law librarian for some help. Ask to be shown the statute on adverse possession. Dunnells is a legal encyclopedia, ask to see the chapter on adverse possession. Should be in volume one.

Your local library could have a law library section, and staffed with a law librarian. If your local library does not have a law library ask them if a neighboring city or suburb does.

educate yourself.
 
Depends.
If your driveway is on an easement(15') and abuts his property then he may have access to the easement in your state.
if your driveway is not on an easement then he could be trespassing.
If you have an easement for a drive and it falls on a property line then both parties on either side of the property line have access to the easement.
Consult an attny.
 
They're not much of a building department if they can't do anything... 'Here' there are setbacks from the property line that must be adhered to among 100 other things. A site survey and site plan is required with absolute adherence to the site plan when construction begins. Reorienting the building is a deviation from the site plan... I'm sure the truth is more like they 'won't do anything'... I've heard of instances where buildings had to be torn down and removed because they didn't adhere to bylaw setbacks and site plans...

In your case, knowing that they're going to do nothing... my first step would be to erect a rock wall out of armour stone. That should cure his access problem fairly permanently as long as the stone remains on your property.

Rod
 
You need to figure out your legal status, pronto. Not enough info in your post to give legal advice. Do you own the property on which your driveway is situated, or is it an easement over his property? If you own the property, does he have an easement?

Quick answer- if you own the property and he doesn't have an easement, you can (and should) block him out. If "your" driveway is pursuant to an easement over his property, he has every right to use it, so long as his use doesn't interfere with your use (ie, he can't park something there and block you out, and vice versa).
 
There may be issues where there's only one side to the story, but I've never run into one. I have a strong suspicion that if we could hear both sides of this story, we might not be in total agreement with your assessment of your neighbor.

The thing you said that set off warning bells with me is "He hates me mainly because I will not give into him to upgrade my home to the standards HE wants and other stupid BS that HE wants." Did he try to pressure you to use tile rather than 3-tab when you reroofed, or did he try to pressure you to get rid of the rusted out vehicles and appliances in the front yard? If it's closer to the first, then maybe he qualifies as a horrible neighbor. If it's closer to the second, then, legal rights notwithstanding, maybe he's not the one who's horrible.

Stan
 
(quoted from post at 18:32:23 10/01/13) Hate to admit it but, I am a retired building inspection supervisor for our county. My standard answer is we don't get involved in property line disputes or right of ways, these are civil matters and you need to resolve this either personally with your neighbor or obtain legal counsel. Inspectors don't care which way you enter the property or the building, they are there to ensure BOCA code requirements in our jurisdiction.
If they don't have a right of way or your permission to access, call your local police and inform dispatcher that they are trespassing and you want to press charges. Don't do anything stupid or confrontational.
Click to expand...
The local inspectors here in Michigan would NOT allow a building to go up that did not match the plan submitted to get the permit. I attend many planning commission and zoning variance board meetings. The building inspector attends both types of meetings and is the ordinance code enforcement officer for the township. The inspector and both BZA and Planning ARE concerned with property lines (setbacks) and if there are easement and/or proper access to the building.
 
Building inspection and zoning are two different departments most everywhere.

Building inspectors only care HOW the building was built.

Zoning cares WHERE the building was built, and what type of building it is.
 
I find it interesting that after I posted..."methinks there is more to this story"....he said there wasn"t....then proceeded to tell how it was....history between the two of them. Bottom line, every jurisdiction has rules to cover disputes like this. Interesting to see the responses about putting up block walls, etc......while ignoring the legal avenues, local building codes, restrictions, etc. Too many outhouse lawyers here. But, makes for enjoyable discourse!
 
(quoted from post at 15:24:06 10/03/13) Building inspection and zoning are two different departments most everywhere.

Building inspectors only care HOW the building was built.

Zoning cares WHERE the building was built, and what type of building it is.
Click to expand...
Building and zoning departments generally work closely together.
Zoning is mainly concerned about what the building will be used for. In some situations, like special use, they will be concerned about where a building will be located.
Building departments most definitely care where a building is built. Any building department that doesn't require some kind of site plan that shows not only the location of the building, easements, set backs, and access to the proposed building is still in the dark ages.
 
(quoted from post at 04:53:30 10/04/13)
(quoted from post at 15:24:06 10/03/13) Building inspection and zoning are two different departments most everywhere.

Building inspectors only care HOW the building was built.

Zoning cares WHERE the building was built, and what type of building it is.
Click to expand...
Building and zoning departments generally work closely together.
Zoning is mainly concerned about what the building will be used for. In some situations, like special use, they will be concerned about where a building will be located.
Building departments most definitely care where a building is built. Any building department that doesn't require some kind of site plan that shows not only the location of the building, easements, set backs, and access to the proposed building is still in the dark ages.
Click to expand...

Pops, that's just exactly 100% wrong here in Pennsylvania. As the zoning department for our little borough, I'm concerned about the placement of the building to all things relevant. Property lines, easements, right of ways, even abandoned or undeveloped ally's. Once I'm satisfied that all the location and use issues have been addressed, it's on to the UCC (uniform construction code) office and they only deal with the actual construction of the building.
From what the OP offered in his posts, it sounds like I'd be telling him it's a civil matter and he should contact his attorney.
 
In your original posting you said, "Methinks there is more to this story........a visit to the building department should clarify the basics. Too many details missing." I mistook that to mean that you thought that there was more to the story in a legal or building code sense.

I'll admit that it didn't initially occur to me that there was a history of personal issues between them which was the actual source of the problem. It was when the OP posted his second message that it dawned on me what was probably going on.

I have a neighbor who is probably bipolar, and has said some terrible things to me and to my wife. Not violent or threatening, just weird and/or outraged. My wife avoids him as much as she can, but I'm always friendly to him, talk to him when he appears to be in the mood for it, do small favors for him, etc. I never feel like I'm wasting my time, or being a chump about it. What I suspect is that I've probably reduced the incidence of potential outbursts by a substantial factor.

Stan
 
Maybe he put it close to the property line to screen his view of your place rather than to use your driveway?
 
Zoning and inspection and whether or not they will help all depends on where you are and usually who you are, and sometimes how deep your pockets are with regard to enforcement. Approx 20 years ago I lived in a small town, and a local county fair board purchased about 20 acres adjoining me, which was zoned single family residential, and within city limits with zoning restrictions. The fair board proceeded to build a tractor pull track 30 feet off my property line, and about 100 feet from my home. And shortly after began consruction on a public restroom facility, demolition derby track, and the list goes on. I screamed to the heavens about this, and got nowhere, and was harrassed and told I should be out enjoying the fair instead of sitting at home complaining about the fair. Did I mention how tractor pulls (yes I have attended many as a spectator) that are 100 feet from your home keep you up all hours, even if you have to go to work in the morning, and cover everything you own with dust? Eventually I made enough noise they simply sold the land to the city, and made it a public park - which can have all those items and activities in a residential area (according to their attorneys). I finally gave up about 10 years ago, sold out before the economy dumped, moved and let them have it, and now my nearest neighbor is a mile away. The old saying of you cannot fight city hall was true in my case. Ironically where I live now, there is no zoning, no inspections, thus no rules as far as where or what you build. And this is in the same county. I"d start my fence building now.
 
(quoted from post at 21:43:22 10/04/13) Zoning and inspection and whether or not they will help all depends on where you are and usually who you are, and sometimes how deep your pockets are with regard to enforcement. Approx 20 years ago I lived in a small town, and a local county fair board purchased about 20 acres adjoining me, which was zoned single family residential, and within city limits with zoning restrictions. The fair board proceeded to build a tractor pull track 30 feet off my property line, and about 100 feet from my home. And shortly after began consruction on a public restroom facility, demolition derby track, and the list goes on. I screamed to the heavens about this, and got nowhere, and was harrassed and told I should be out enjoying the fair instead of sitting at home complaining about the fair. Did I mention how tractor pulls (yes I have attended many as a spectator) that are 100 feet from your home keep you up all hours, even if you have to go to work in the morning, and cover everything you own with dust? Eventually I made enough noise they simply sold the land to the city, and made it a public park - which can have all those items and activities in a residential area (according to their attorneys). I finally gave up about 10 years ago, sold out before the economy dumped, moved and let them have it, and now my nearest neighbor is a mile away. The old saying of you cannot fight city hall was true in my case. Ironically where I live now, there is no zoning, no inspections, thus no rules as far as where or what you build. And this is in the same county. I"d start my fence building now.
Click to expand...

Kinda reminds you of Cowboy Stadium, don't it?
 
Pops, that's just exactly 100% wrong here in Pennsylvania. As the zoning department for our little borough, I'm concerned about the placement of the building to all things relevant. Property lines, easements, right of ways, even abandoned or undeveloped ally's. Once I'm satisfied that all the location and use issues have been addressed, it's on to the UCC (uniform construction code) office and they only deal with the actual construction of the building.
From what the OP offered in his posts, it sounds like I'd be telling him it's a civil matter and he should contact his attorney.
Click to expand...
Ron,
I've been dealing with building departments here in IL for close to 40 years. Here, the building departments handle all the things you mentioned. Zoning handles zoning....meaning they make sure use conforms to the zoning requirements. Residential, commercial, multi-family, industrial. There are sub catagories as well.
What the OP described would be taken care of by the building department here. They would red tag the job because they strayed from the site and building plans. The 3 county and 15+ municipal building departments I've dealt with all handle issues like the OP described.
It doesn't surprise me that things are done differently in other areas.
 
(quoted from post at 20:17:41 10/04/13)
Pops, that's just exactly 100% wrong here in Pennsylvania. As the zoning department for our little borough, I'm concerned about the placement of the building to all things relevant. Property lines, easements, right of ways, even abandoned or undeveloped ally's. Once I'm satisfied that all the location and use issues have been addressed, it's on to the UCC (uniform construction code) office and they only deal with the actual construction of the building.
From what the OP offered in his posts, it sounds like I'd be telling him it's a civil matter and he should contact his attorney.
Click to expand...
Ron,
I've been dealing with building departments here in IL for close to 40 years. Here, the building departments handle all the things you mentioned. Zoning handles zoning....meaning they make sure use conforms to the zoning requirements. Residential, commercial, multi-family, industrial. There are sub catagories as well.
What the OP described would be taken care of by the building department here. They would red tag the job because they strayed from the site and building plans. The 3 county and 15+ municipal building departments I've dealt with all handle issues like the OP described.
It doesn't surprise me that things are done differently in other areas.
Click to expand...

It really is interesting to see how it's different from area to area. Legally I could do both jobs, but it would still require separate permits, and there's no way I'm going to get qualified for every inspection that may be required in a borough with less than 400 residents.
 
Used to have "jeep races" on a course very close to my place. I didn't mind, in fact, I usually went to them. Nearest neighbor to them complained about the noise, dust, etc. So every year, the Jeep club bought him and his wife 2 nights at a motel at the ocean for that weekend, and gave me a free pass to the races. End of problem.
 
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