Neighbors...

By the way, you don't necessarily need to make him tear it out. Like rootskier said, I can't speak to the specific laws in your state, but adverse possession and prescriptive easement law generally follows the same principles everywhere, though each state has its twists. But in general, in order for him to gain an ownership interest, his use has to be "adverse" to the true owner. So like Name Redacted described, an agreement wherein he acknowledges your ownership and you give permission will prevent him from gaining an ownership interest. Because then his use is permissive and not adverse.

Just make sure that in that agreement you don't sign away your rights to have him tear it out if necessary! (because then regardless of ownership, you could give him some enforceable right to keep it there).

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Originally Posted by XXX-er

y' know unless you are the guy in that alaskan reality TV show, people who live in the country are still gona have neighbors who do fucked up things they just do different fucked up things than people do in a suburban hood

corner lot with a big church lawn across the street, an alley, 1 storey houses when I'm 2 story so don't see much of anythig ... this place is pretty good

I just have to keep an eye on that Catholic priest

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Why? You think he's cute?

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Originally Posted by riser3

Why? You think he's cute?

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the guy in the Alaskan reality TV show needs to shave

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Originally Posted by papapoopski

Thanks for the heads up all. I did look into that scenario and it hasnt been a year yet. I'll be addressing it this coming summer. Timing is everything.

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When he shovels/plows/blows salt filled snow onto your grass next to his extended driveway i think you can also get him for the chemical damage to your property. Maybe drop some deficient and ensure that he has to spend a fair bit to fix your property.

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Originally Posted by Danno

By the way, you don't necessarily need to make him tear it out. Like rootskier said, I can't speak to the specific laws in your state, but adverse possession and prescriptive easement law generally follows the same principles everywhere, though each state has its twists. But in general, in order for him to gain an ownership interest, his use has to be "adverse" to the true owner. So like Name Redacted described, an agreement wherein he acknowledges your ownership and you give permission will prevent him from gaining an ownership interest. Because then his use is permissive and not adverse.

Just make sure that in that agreement you don't sign away your rights to have him tear it out if necessary! (because then regardless of ownership, you could give him some enforceable right to keep it there).

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True, but as someone mentioned earlier that is going to be a pain in the ass if he ever sells, even if it is not a big deal now.

I know if I was looking to purchase I'd be demanding it get fixed prior to buying.

Plus it lets the guy skate, and it doesn't sound like he deserves it vs if he was a stand up neighbor and the contractor just fucked up or something.

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Originally Posted by AdironRider

True, but as someone mentioned earlier that is going to be a pain in the ass if he ever sells, even if it is not a big deal now.

I know if I was looking to purchase I'd be demanding it get fixed prior to buying.

Plus it lets the guy skate, and it doesn't sound like he deserves it vs if he was a stand up neighbor and the contractor just fucked up or something.

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I don't disagree. Was just pointing out that forcing him to rip it up was not the only option available if the goal is not to lose ownership.

just put up a fence cuz they make for good neighbors

Pound the posts right on through the pavement.

^^^ in my side gig as a hack real estate mogul, we looked at purchasing a property that had exactly that. Guy had a boundary survey, chalked a line across his neighbor's concrete pad, and started drilling.

It was a nice fence too. Cedar, 4x6 posts, hidden fasteners... I guess his sense of craftsmanship was still stronger than his contempt for his neighbor.

4x6's....ballin out with his spite. I dig it.

I lived in SF for a spell and I had a complete asshole of a neighbor. I poured out about $50 in patchouli oil on his stoop.

/thug life

Would have been even better on the floorboards of his car...

Gotta get on that driveway issue ASAP. My brother in law had this issue and a property easement issue at the same time. He won, but PITA.
So...when we lived in Berkeley, (we didn't know this until we sold), but all the property lines were straight, but nobody's actual property line was the "straight" line. The whole city was on, (mostly slowly, 5 -38 mm/year), moving ground so many houses had actually slid onto the neighbors lot. That neighbors house had slid as well, etc. It was pretty cool to look at the whole neighborhood, and see the original plotting, and see where the houses were at the present.
https://www.sfgate.com/bayarea/artic...or-2662450.php

a renter moved in next door last yr and he set up his dog with a nice long leash in his backyard
But his dog would go as far as he could out on the leash and take his shits in my yard, basically right outside my window where I WFH and the guy wasn't picking it up

He was always friendly and I liked his dog so after about 20 large shits started piling up in my yard, I saw him outside and asked him if he'd ever seen that movie, "Me Myself and Irene"- remember the dog pooping scene?
Him: Oh ya, haha funny movie
Me: Well I'd rather not have to go to Hank's level and give him a wink
Him: Oooh .........(can see him recalling the scene in his head and the realization)
And he has been awesome about cleaning it up ever since (I told him I didnt mind his dog coming over into our yard as long as he cleaned up after his dog)

Wow, you are a MUCH better person than most of us!
This is why there should be a female President.

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Originally Posted by riser3

Pound the posts right on through the pavement.

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When we had to have a survey in order to build a garage the surveyor drove a railroad spike through the asphalt paving of the asshole neighbor's parking pad. Unfortunately it's too close to the edge to ruin anyone's tires.

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Originally Posted by rideit

Wow, you are a MUCH better person than most of us!
This is why there should be a female President.

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it was an easy way to get the point across with that movie scene......hard to forget lol
and I like to give them the benefit of the doubt to recognize the issue and improve. and he did, which is a bit of a pleasant surprise in this day and age

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Originally Posted by Conundrum

I was out of town for two days and was planning to rake all the leaves today. Came home last night to 10 bags of leaves on the curb. No idea who raked them.

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When I was a kid, our neighbor came over and asked my dad if he could help out my dad with yard work. My dad was early in his career, two kids, busy at work and not enough time for landscaping, but he definitely got the message and became meticulous about yard care. I still am not sure if that was really nice of the neighbor, or just super passive aggressive.

Maybe I need to be lazier and hope for more passive aggressiveness.

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Originally Posted by babybear

a renter moved in next door last yr and he set up his dog with a nice long leash in his backyard
But his dog would go as far as he could out on the leash and take his shits in my yard, basically right outside my window where I WFH and the guy wasn't picking it up

He was always friendly and I liked his dog so after about 20 large shits started piling up in my yard, I saw him outside and asked him if he'd ever seen that movie, "Me Myself and Irene"- remember the dog pooping scene?
Him: Oh ya, haha funny movie
Me: Well I'd rather not have to go to Hank's level and give him a wink
Him: Oooh .........(can see him recalling the scene in his head and the realization)
And he has been awesome about cleaning it up ever since (I told him I didnt mind his dog coming over into our yard as long as he cleaned up after his dog)

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We were like you--didn't mind the renters next door having their dogs poop in our yard as long as they picked it up, but after one after the next after the next refused to pick up we blocked off the access from next door to us.
The woman next to us has a young doby. She walks the dog on the one lane dead end street behind us. For a while she would take extra bags and leave them next to the piles of shit other peoples' dogs were leaving, along with little signs asking them to pick it up. Didn't do any good.

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Originally Posted by riser3

Pound the posts right on through the pavement.

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Put the propane tank right on that part of “his” driveway.

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Originally Posted by ill-advised strategy

Put the propane tank right on that part of “his” driveway.

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That's a quality post right there.

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Originally Posted by KQ

Fork.

I've got a neighbor who lives on the other side of my wheat field 50 acres from my house. His lot is landlocked, accessible only by easement from another neighbor. When he purchased the lot the access easement was there and that was it -10 undeveloped acres. There were no powerlines and to bring it in required another easement but unfortunately for him he's an asshole and he pissed off the only two neighbors who could help him out so no power.

Unfortunately for me he built anyway and now he runs a big diesel generator 24/7 that is loud and annoying. It's a constant drone I can't escape. I can even hear it inside with the windows closed unless i have the TV or music on and I've got good windows. Sound really carries out here.

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I am sorry to hear that KQ. Have you thought about using noise-canceling headphones?

Unfortunately I find myself in similar situation: I live in a very rural area, with no covenants. Up until now, all of us neighbors have been extremely considerate & aware of each other's solitude, including minimizing the noise from barking dogs, loud motors, & other disturbances. A couple of years ago, a guy bought the place down the road. He is retired ex-military. Occasionally we would hear shooting from his place. Nothing we can do about that, it's his property & people love their 2nd amendment rights here. Then we heard a rumor that he wants to turn his place into a Wedding Venue/Commercial Outdoor Shooting Range. Nothing has happened with his place yet (other than him occasionally shooting), but in the meantime, he has already published a website advertising his business. The website is still under construction, but according to the website, he would allow camping & events of up to 150 people on his property, & offer multi-day classes in "training in firearms, tactics, & dynamic scenarios." One of his shooting ranges is an 800-yard rifle range (nearly 1/2 mile), & is adjacent to public land.
My area gets very little rain during the summer/fall. In addition to the disturbance of the peace caused by these proposed activities, we live in constant fear of wildfires, many of which are caused by target shooting. Plus, having regular multi-day events that allow alcohol & firearms, adjacent to public land where people regularly recreate, what could possibly go wrong?:mad:
I called our local Planning & Zoning & sent them the link to his website. They said in order to have a commercial business on his property, he is required to have a Conditional Use Permit, & that a hearing with P&Z would be scheduled in the future, in which the public/neighbors would be invited to comment. I plan to attend, & bring up the issues of wildfire danger, public safety, & public nuisance/disturbance. However, as I said before, I live in a State/County where people greatly value their 2nd amendment/private property rights. So, even if we can get the rest of the nearby neighbors to comment against the proposal, I fear the County will approve.
We have already had one negative encounter with this guy, this was before we found out that he planned to have a commercial business on his property. He got extremely defensive about his shooting, so I don't think he is going to be very agreeable if the neighbors ask him to please consider dropping or modifying his plans.
If anyone has any suggestions or had similar experience with this type of thing, I would love to hear about it (besides noise-canceling headphones) :frown: Thanks for listening.

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Originally Posted by isisis

I am sorry to hear that KQ. Have you thought about using noise-canceling headphones?

<snip>
If anyone has any suggestions or had similar experience with this type of thing, I would love to hear about it (besides noise-canceling headphones) :frown: Thanks for listening.

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Move.

Seriously.

:(

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Originally Posted by skaredshtles

Move.

Seriously.

:(

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Thanks. Nothing has happened yet & hopefully it won't come to that, but it's definitely being discussed.:frown:

In the meantime, here is a little (dark) humor for everyone:
https://www.youtube.com/watch?v=1VqO6iBXbpM

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Originally Posted by isisis

I am sorry to hear that KQ. Have you thought about using noise-canceling headphones?

Unfortunately I find myself in similar situation: I live in a very rural area, with no covenants. Up until now, all of us neighbors have been extremely considerate & aware of each other's solitude, including minimizing the noise from barking dogs, loud motors, & other disturbances. A couple of years ago, a guy bought the place down the road. He is retired ex-military. Occasionally we would hear shooting from his place. Nothing we can do about that, it's his property & people love their 2nd amendment rights here. Then we heard a rumor that he wants to turn his place into a Wedding Venue/Commercial Outdoor Shooting Range. Nothing has happened with his place yet (other than him occasionally shooting), but in the meantime, he has already published a website advertising his business. The website is still under construction, but according to the website, he would allow camping & events of up to 150 people on his property, & offer multi-day classes in "training in firearms, tactics, & dynamic scenarios." One of his shooting ranges is 800 yards, (over 1/2 mile), & is adjacent to public land.
My area gets very little rain during the summer/fall. In addition to the disturbance of the peace caused by these proposed activities, we live in constant fear of wildfires, many of which are caused by target shooting. Plus, having regular multi-day events that allow alcohol & firearms, adjacent to public land where people regularly recreate, what could possibly go wrong?:mad:
I called our local Planning & Zoning & sent them the link to his website. They said in order to have a commercial business on his property, he is required to have a Conditional Use Permit, & that a hearing with P&Z would be scheduled in the future, in which the public/neighbors would be invited to comment. I plan to attend, & bring up the issues of wildfire danger, public safety, & public nuisance/disturbance. However, as I said before, I live in a State/County where people greatly value their 2nd amendment/private property rights. So, even if we can get the rest of the nearby neighbors to comment against the proposal, I fear the County will approve.
We have already had one negative encounter with this guy, this was before we found out that he planned to have a commercial business on his property. He got extremely defensive about his shooting, so I don't think he is going to be very agreeable if the neighbors ask him to please consider dropping or modifying his plans.
If anyone has any suggestions or had similar experience with this type of thing, I would love to hear about it (besides noise-canceling headphones) :frown: Thanks for listening.

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Holy shit.

You win this thread.

That will destroy your property value as well. Have you sought legal advice yet?


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Originally Posted by AK47bp

Holy shit.

You win this thread.

That will destroy your property value as well. Have you sought legal advice yet?

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Not yet. The hearing has not yet been scheduled. What type of lawyer/legal specialty would you suggest? I don't mind paying $$ to consult with someone, but I don't know how much of a case we would have other than our fear of wildfires & concern for public safety. We have no CC&Rs & this County absolutely prides itself on lack of government oversight. It seems like it comes down to the County Commissioners & they are very pro 2nd-amendment.

Maybe nothing will happen, but in the meantime, I will try to enjoy "paradise" as much as I can...:smile:

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Originally Posted by isisis

Not yet. The hearing has not yet been scheduled. What type of lawyer/legal specialty would you suggest? I don't mind paying $$ to consult with someone, but I don't know how much of a case we would have other than our fear of wildfires & concern for public safety. We have no CC&Rs & this County absolutely prides itself on lack of government oversight. It seems like it comes down to the County Commissioners & they are very pro 2nd-amendment.

Maybe nothing will happen, but in the meantime, I will try to enjoy "paradise" as much as I can...:smile:

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Probably want a land use attorney. You should also look into how you can get your area rezoned for non-commercial use. Agg and Residential only.

Other option is you and the nieghbors file a couple police reports about unsafe firearm usage by him eg. firing onto your property, violating any noise/time of day ordinances that may be on the books etc, etc.

If worst comes to worst, light a paperbag full of dogshit on fire, drop it on his doorstep and ding-dong-ditch.

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Originally Posted by californiagrown

If worst comes to worst, light a paperbag full of dogshit on fire, drop it on his doorstep and ding-dong-ditch.

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And hope he is not a bad shot?

One of our neighbors is the loudest motherfucker I have ever met. He talks loud, he rebuilds (grinds and grinds) his old truck from the ground up in the backyard, he talks to himself loudly, and plays shitty music loud like Linkin Park. His property in our backyard only meets ours for 20 feet, but last summer I put up a 9' fence to block him out a bit. I like him honestly, because he helped take out a couple root balls on the fence line so I could build a fence to not see him again. Ha.

One day we heard him yell over the fence to us "Shut your damn dog up!" We laughed hard, the loudest guy in the universe has a noise complaint? OK buddy.

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Originally Posted by californiagrown

Probably want a land use attorney. You should also look into how you can get your area rezoned for non-commercial use. Agg and Residential only.

Other option is you and the nieghbors file a couple police reports about unsafe firearm usage by him eg. firing onto your property, violating any noise/time of day ordinances that may be on the books etc, etc.

If worst comes to worst, light a paperbag full of dogshit on fire, drop it on his doorstep and ding-dong-ditch.

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Thanks for the suggestions, it's already zoned Ag/Residential. That's why a Conditional Use Permit would be needed for his business. There are no noise ordinances, we are outside of any city limits. People hunt around here on adjacent public land so occasional gunshot sounds do occur, but constant prolonged gunshot sounds do not occur (yet). Sheriff is not the type to get involved with neighbor-to-neighbor squabbling, they have bigger issues to deal with like meth labs, domestic violence & drunk drivers.
And while the dogshit idea is very tempting, it would not be practical or implementable due to his long gated driveway, which is probably protected by security cameras.
But did you happen to read my post in the "Mice in the House" thread? That's the best I can do for now. :D

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Originally Posted by isisis

Thanks for the suggestions, it's already zoned Ag/Residential. That's why a Conditional Use Permit would be needed for his business.

but constant prolonged gunshot sounds do not occur (yet). Sheriff is not the type to get involved with neighbor-to-neighbor squabbling

But did you happen to read my post in the "Mice in the House" thread? That's the best I can do for now. :D

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Obviously, write letters, and show up to the county meeting to fight the issuance of the permit. If it seems like that is not going your way, fight to implement time limits on the conditional use so business hours only occur at certain times, on certain days, limit group size, are very specific about usage, etc. Argue that his sewer/septic system is not nearly up to code for that many people, etc. Lots of ways to wrap red tape around his permit.

the point of reporting stuff to the sheriff isnt to get him in trouble, its to get complaints on record so you can use legit police/sheriff reports as evidence of his unsafe/unwelcome gun handling when you argue your case to the county.

Please elaborate on your story. I want to hear about your mice, twice!

Seems like a pretty clear nuisance case to me.

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Originally Posted by KQ

Fork.

I've got a neighbor who lives on the other side of my wheat field 50 acres from my house. His lot is landlocked, accessible only by easement from another neighbor. When he purchased the lot the access easement was there and that was it -10 undeveloped acres. There were no powerlines and to bring it in required another easement but unfortunately for him he's an asshole and he pissed off the only two neighbors who could help him out so no power.

Unfortunately for me he built anyway and now he runs a big diesel generator 24/7 that is loud and annoying. It's a constant drone I can't escape. I can even hear it inside with the windows closed unless i have the TV or music on and I've got good windows. Sound really carries out here.

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If you, KQ, get along with the electric-easement-denying neighbors, could you approach them with a request to play ball with this generator guy...not for his sake but for yours?

Maybe they like you more than they hate him. You are very likeable after all.

Just a thought.

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Originally Posted by Conundrum

I was out of town for two days and was planning to rake all the leaves today. Came home last night to 10 bags of leaves on the curb. No idea who raked them.

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The neighbor who takes care of their yard and finally got sick of the leaves from the slacker nextdoor blowing on their clean lawn. More likely that this is passive aggressive behavior than friendly.

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Originally Posted by californiagrown

Obviously, write letters, and show up to the county meeting to fight the issuance of the permit. If it seems like that is not going your way, fight to implement time limits on the conditional use so business hours only occur at certain times, on certain days, limit group size, are very specific about usage, etc. Argue that his sewer/septic system is not nearly up to code for that many people, etc. Lots of ways to wrap red tape around his permit.

the point of reporting stuff to the sheriff isnt to get him in trouble, its to get complaints on record so you can use legit police/sheriff reports as evidence of his unsafe/unwelcome gun handling when you argue your case to the county.

Please elaborate on your story. I want to hear about your mice, twice!

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Thanks for the great advice...on his "website," he does have some specifics on numbers of event guests & hours of noise (150 guests/event noise up until 11PM), but nothing about limiting the noise or the frequency or numbers of people attending his shooting range/classes. Hopefully we can make things a little more complicated for him by bringing up additional issues & questions at the hearing. And if it all does happen, we will definitely monitor his activities, in case we need to call the authorities.

Cross-posted from the "Mice in the house" thread: "We had a pack rat living in our hay shed. Those things are disgusting! But instead of killing it, we live-trapped it & let it loose at the end of the driveway of some distant neighbors that we haven't been real fond of lately.:D"

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Originally Posted by MakersTeleMark

Seems like a pretty clear nuisance case to me.

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Thanks, that is somewhat encouraging. I am just glad we found out about his idea via the neighborhood grapevine, because I seriously think he would have just gone ahead with his plans without going through the CUP process. Trust me, that is the type of person he is. I mean, he has already published a website FFS. :frown:
I will do additional research on exactly what type of "nuisance" this would pose (Public? Private?) & how it applies to my locality. While I do live in a pretty rural area, there will definitely be several dozen nearby residents affected, not to mention any Public that wants to recreate safely. I suppose when/if it happens, we will consult with someone well-versed in the local laws, but again, I live in a pretty regulation-free area. This is the downside of "freedom," I suppose... :rolleyes:

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Originally Posted by DeathRaven

The neighbor who takes care of their yard and finally got sick of the leaves from the slacker nextdoor blowing on their clean lawn. More likely that this is passive aggressive behavior than friendly.

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You could be right, on the other hand when I lived in area with deciduous trees since I had powerful backpack 2 stroke leaf blower would sometimes do my neighbors leaf "raking" for them. Usually it was for older neighbors but if a neighbor was out of town I would clear their leaves for them if I had time. Another neighbor would sometimes clear snow from my driveway with his giant snowblower if I was on travel so it worked out.

At another place I had the swamp yankee version of the Langmores as neighbors. The family had been inbreeding since the 1600's locally and they figured trespass, liquor, firearm, vehicle, fish and game laws and the like didn't really apply to them. Good times....

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Originally Posted by MakersTeleMark

Seems like a pretty clear nuisance case to me.

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Apparently not per se but sometimes per accidens, But I just glossed over 26 ALR.3d 661 because I dont know what state this dude is in.

Get me this guys address. I'll get him on my mailing list for antifa propaganda, and he will unknowingly get himself on a watch list.

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Originally Posted by SKIP IN7RO

Get me this guys address. I'll get him on my mailing list for antifa propaganda, and he will unknowingly get himself on a watch list.

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And email. Sign him up here: https://thekrazycouponlady.com/coupons/tampons

What about the increase in traffic to his house? Is it a county road or private, either way, is the roadway suited for that increase?
Does a turn lane or traffic study need to happen?

This all happened in my town this year from a potential campground/ raft company

All the neighbors that live on the rural road that the traffic would drive on made a petition, set up in town and had anyone that wanted to sign it.

Made a big deal that the owners are from the city, and want to change the dynamics of the area.

Anyway the neighbors made such a noise that the project is on hold.

Maybe not dead but the owners have to jump through a ton of hoops now.




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