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Need help with neighbours

Discussion in 'Landscape Architecture and Design' started by Shane472, Apr 17, 2004.

  1. Shane472

    Shane472 LawnSite Member
    Messages: 59

    I've recently been having some problems with my neighbours concerning a fence they installed between our properties and I was wondering if I could get the advice of some of you guys and gals. I'm currently renting a garden home and last summer the neighbours to my left had a fence installed to divide our back yards. The crew that installed it was very unprofessional, taking their breaks in my yard and making a mess of my lawn. I put up with it and by the end of the week they were gone and I thought that would be the last that I would see of them. The other day while I was out of town they returned to do more work on the fence. I gotta say they did a pretty bad job, it's not the nicest thing to look at and it sways considerably in the wind. They widened the footings and poured fresh cement to attempt to stabilize it. My problem with this is that the footings come well over a foot into my yard. The cement comes all the way to the surface. I really don't want to be looking at blocks of cement all the time. They also left all the dirt from these freshly dug holes piled on my lawn and they installed supporting boards which further dug holes into my lawn. Needless to say it's looking pretty crappy right now and that ticks me off because I worked really hard on it last year and had it looking nice. I went over to talk to my neighbour about this problem to see what he would have to say. He basically just fed me a bunch of lies saying that this landscaping contractor installs hundreds of fences a year and this one just happened to go wrong. Frankly I don't care how many fences he installs and I know for a fact that he doesn't install that many. He also said that local bylaws give him the right to come onto my property to work and that they also say he could charge me half the cost of the fence. He told me he was being a nice guy and that I shouldn't be complaining. I'm just wondering what my rights are in this situation. What can I do about this? If I were to go remove the supporting boards which are clearly in my property and move the piles of dirt out of my yard could he take legal action against me? Sorry for making this so long and I really appreciate any help you can provide me with. Thanks.
  2. kkat

    kkat LawnSite Member
    Messages: 62

    The company had know right to even be on your property let alone disturb it, Your neighbor is a jerk, go down to the town offices and see if a permit has to be issued before putting up a fence,did he get a permit before putting up the fence, also is the good side (face) of the fence facing in the right direction. Where I live the good side has to face the neighbors, the company should pay to have your property put back to oringal shape, take pictures! I would not put up with any B.S. if it was my property You tried to be neighberly and your neighbor blew you off, Funny thing though is now your gonna be the a-hole even though you are the victim,and at least was man enough to try to work things out, now I would not hesitate to get my property fixed at the neighbors expence or what ever it took, that neighbor is nothing but a coward and you might as well forget about being friends, If he wont patch up things now, watch out later on
  3. capital

    capital LawnSite Member
    Messages: 118


    If I read your post right you said the house you are in is a rental? If that is the case you can do nothing about what has taken place regarding the fence. The only one who can address the problem is your properties owner.
  4. Shane472

    Shane472 LawnSite Member
    Messages: 59

    Thanks for the help guys. I am renting. I spoke with the owner today and she is also not pleased with the situation. I gave her his number and she said she would contact him and deal with the problem.
  5. kris

    kris LawnSite Bronze Member
    from nowhere
    Messages: 1,578

    As far as I know in Ontario you are required to split the cost of what a 4 foot chain link would cost.
    As far as the shoddy work ...that should be unexceptable and fixed.
  6. GeeVee

    GeeVee LawnSite Senior Member
    Messages: 421

    Since I don't have neighbours, I can't help you-
  7. Mdirrigation

    Mdirrigation LawnSite Gold Member
    Messages: 3,752

    if the neighbor wants a fence the other neighbor has to pay for half ? what if the other neighbor wants to tear it down does he get to charge half
  8. Shane472

    Shane472 LawnSite Member
    Messages: 59

    My landlord has written him a letter asking him to remove all the cement from our property and repair all the damage within thirty days or she will have the work done and take him to small claims court for the cost of it.

    Mdirrigation, I like your idea. I'd gladly pay half to have that eyesore torn down. Then maybe we could get a real fence put up.:p
  9. Carolina Cutter

    Carolina Cutter LawnSite Senior Member
    Messages: 984

    Yes, you can legally remove the boards from your property. The smart property owner will only build a fence that is about 3' from the property line on his side leaving a 3' buffer zone. The dirt on your property....consider it more real estate or have the neighbor remove the dirt. Damage to your lawn.....if its a good neighbor explain it to them and see what happens, if not you might have to let it go or take it to small claims court.
  10. HayBay

    HayBay LawnSite Senior Member
    from Ontario
    Messages: 846

    Yes 4 Foot Chain link is all the neighbour can get a split in price on in my area.

    If a fence is built onto you or your landlords side of the property it is considered your fence on the side facing you. The neighbour should have built on his side back from the property line. a few inches back is good enough. You can go and paint the fence or stain it anyway you choose seeing as its on your side of the property now. He has given up his rights to your side by building on the property line. He can be sticky and go after the owner for half the cost of a properly built 4' chain link fence but thats it.

    I have been through this several times. The citys bylaw department will avoid helping in this situation they will tell you or the neighbour to get a lawyer if the problem cant be resolved.

    Whats that saying "Good Fences make happy neighbours"

    I built a 6 foot Pressure treated Fence at my last place cause the neighbour said my 150lb Rotti was trying to jump the 4' chainlink one. My dog couldn't do that. So I say " lets split on a wooden fence thats taller". His reply was basically F-U. So I built one 7 Inches in from the property line at no cost to him. You know what he does, he calls the bylaw and says I built it like that to store junk inbetween the chainlink and the 7" space of my new Fence.
    The bylaw said nothing to me, so I started storing Junk inbetween the fences for the neighbours sake, heck its my land right. This guy kept being a Di*k to me so I used the side of my fence facing him as a test for different Fence stains before using them on the customers fences I built. He eventually started growing plants up the chainlink fence onto my property and then up the new fence. I wanted to hack em down but I didn't.

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