Neighbor trying to knock down our fence

[Hillbeans]

I would call a lawyer now. Like right now. Not tomorrow.

Tell him that the builder next door is damaging your property now and has stated he will be digging up your property. Tell him he followed you onto your property and threatened you. You should be able to get a quick court order getting him to stop doing anything before the land is surveyed and the boundaries are marked. If you feel that he physically threatened you, you might also want to get a restraining order.

Agreed, the next word i'd tell this loon is to talk to my lawyer.

Am I missing it? I don't see any threat other than a lawsuit if the fence fell.

He's telling her that she owes him half of $55K for the retaining wall he's building,which she is just finding out about now. If my neighbor said that to me i'd consider it a demand for money. None of what this guy is doing seems legit.

 

[Oreo Cookie]

Call a lawyer ASAP. He needs to cease and desist. He has no right to knock down your property, and he is planning to use your property. The guy is a nut.

I agree with previous posters, take tons of pictures. If you know anyone who you can borrow a surveillance camera from, I would do it.

The builder had to submit plans to the zoning board. Go and check out his plans. His plans cannot include using your property. This seems like a really kooky situation.

I would also get some "no trespassing" signs up ASAP. Make it clear to him that he is not welcome on your property.
Here is a blog with laws in all 50 states.
http://www.signs.com/blog/state-by-state-guide-to-no-trespassing-laws-signage/

Good advice. And thanks for the link.

 

[dakcp2001]

Find the money for a lawyer now, or it will cost you WAY more later when all the damage is done. Do it now. If you don't, your basically allowing it to happen since you have nothing on paper, zero proof of any conversations, and your word against his. I'd also google his company see if you can dig up any unhappy neighbors elsewhere. Bet he's done this before. Read his reviews.

 

[JoanneDisFan]

Wow sounds like the guy is a piece of work. Contact the city office to get the land resurveyed and the pins put back in.

Sounds like the builder thinks you land is his land and you need to get this straightened up right away. You might also call your nearest law school. Sometimes students are willing to work pro bono to get experience.

 

[sam_gordon]

Agreed, the next word i'd tell this loon is to talk to my lawyer.



He's telling her that she owes him half of $55K for the retaining wall he's building,which she is just finding out about now. If my neighbor said that to me i'd consider it a demand for money. None of what this guy is doing seems legit.

A demand for money still isn't a threat though.

I agree the guy isn't doing things correctly and should be stopped. But I don't think going to the police and saying he's "menacing" and "threatening" the OP is fair either.

 

[Shutterbug]

Am I the only one that finds it strange that the police wont at least send someone to just check out things? The fact that builder chases her up to her house. I know the police where I live would send a cruiser by just to see what was going on. If someone is yelling and screaming, they can be charged with disturbing the peace.

This whole story seems wonky

 

[Wishing on a star]

Sorry, but GET A LAWYER....

Have a RESTRAINING ORDER, and a CEASE AND DESIST ORDER, issued, TODAY.

The police will be mandated to enforce these.

You can sue to recoup your legal costs....
This builder could lose his license over this kind of thing.
Find out what governing agencies license and approve builders, and building-projects.

I would not waste one more hour.

 

[undertheradar]

1) Contact your state and see if this guy has an actual contractor's license.
2) Hire lawyer and have all actions stopped while plan is reviewed.
3) Go to City Hall or Township Hall and look at plans this guy filed.
4) Start a diary of all activities involved with this issue.
5) Verify that this project has all required permits.
6) Contact your insurance agent, your homeowners policy has a vested interest
7) Contact your land office to verify who the deed owner is.
8) Record all conversations with this contractor.
9) Sign nothing

 

[sam_gordon]

Am I the only one that finds it strange that the police wont at least send someone to just check out things? The fact that builder chases her up to her house. I know the police where I live would send a cruiser by just to see what was going on. If someone is yelling and screaming, they can be charged with disturbing the peace.

This whole story seems wonky

"Chases"?
"Yelling and screaming"?

Where did any of that come about?

 

[bcla]

"Chases"?
"Yelling and screaming"?

Where did any of that come about?

"Red in the face" and "ran inside the house because he looked like he was about to lose it" certainly sounds like there was a lot of anger involved.

I would never accept that a neighbor or contractor come up to me after destroying my property and ignoring property lines, only to demand payment for something that I never requested nor agreed to.

A restraining order at this time sounds just about right. Especially if this builder is only a contractor working on behalf of a client. It sounds like he's trying to bully his way into getting what he wants.

 

[Shutterbug]

"Chases"?
"Yelling and screaming"?

Where did any of that come about?

The OP said this

Alright so here's the update. The second I pulled into my driveway the builder came out and followed me up to my door.

He came out and followed the OP up the driveway as the OP was trying to get int her home. I would call this chasing.

OP also stated:

He got red in the face and told me he was knocking the fence down this week and digging 5 feet into our backyard to install this retaining wall.

Most times I have ever seen someone get red in the face is usually when they are screaming or yelling.

The fact that this guy made a point of going way onto the OP's property and following the up the door asking her about the money makes this guy scary.

 

[sam_gordon]

"Red in the face" and "ran inside the house because he looked like he was about to lose it" certainly sounds like there was a lot of anger involved.

I would never accept that a neighbor or contractor come up to me after destroying my property and ignoring property lines, only to demand payment for something that I never requested nor agreed to.

A restraining order at this time sounds just about right. Especially if this builder is only a contractor working on behalf of a client. It sounds like he's trying to bully his way into getting what he wants.

I'm not saying the guy has his act together. In fact, he sounds like he should have his builder's license revoked (at least). That still doesn't mean some posters aren't making some monumental leaps.

 

[superme80]

Am I the only one that finds it strange that the police wont at least send someone to just check out things? The fact that builder chases her up to her house. I know the police where I live would send a cruiser by just to see what was going on. If someone is yelling and screaming, they can be charged with disturbing the peace.

This whole story seems wonky

I'm not. Some cities where their finances are low police will only respond to emergency calls. In my parents city the police will basically only respond if shots have been fired.

OP I agree with getting a lawyer. This guy sounds nuts!

 

[sam_gordon]

The OP said this


He came out and followed the OP up the driveway as the OP was trying to get int her home. I would call this chasing.

Really? I (and apparently the OP) would call it "following". To me, "chasing" denotes going after someone who is trying to get away from you. I think the builder wanted to talk to the OP, saw her get out of her car and followed behind her, catching up to her at the front door.

OP also stated:


Most times I have ever seen someone get red in the face is usually when they are screaming or yelling.

And folks might get red in the face from being out of breath or upset. The OP never said he yelled.

The fact that this guy made a point of going way onto the OP's property and following the up the door asking her about the money makes this guy scary.

I disagree. I think the fact the guy isn't paying attention to property lines, removing property markers (allegedly), and wants the OP to pay for (part of) the retaining wall makes this guy an idiot and he should go back to whatever class you take to be a builder. I haven't heard anything "scary" yet.

 

[bcla]

I'm not. Some cities where their finances are low police will only respond to emergency calls. In my parents city the police will basically only respond if shots have been fired.

OP I agree with getting a lawyer. This guy sounds nuts!

Police response is an odd thing.

I live in a place with a high officer/population ratio. There's a nearby unincorporated community that relies on a combination of the sheriff's dept with maybe one patrol officer, as well as the California Highway Patrol for traffic enforcement. I've seen CHP patrolling the streets and always found it odd. I suppose CHP would respond to certain emergencies; they've actually done regular police patrols at the request of certain cities, although in those case they've primarily concentrated on traffic enforcement to free up the city cops.

In Oakland, California there's been issues with residential police calls. We're talking expensive areas to live, but where the police is putting a higher priority on gang violence and event crowd control (stadium/arena) after budget cuts forced them to lay off cops. It's gotten to the point where some nearby residents have called the police department in the enclave of Piedmont, CA trying to get police services. They typically get told that they can't normally respond since its not their jurisdiction.

http://oaknorth.wpengine.com/2010/09/16/after-oakland-police-cuts-residents-dialing-piedmont/

The Upper Rockridge and Montclair neighborhoods, nestled in the hills of North Oakland, have historically had lower crime rates than the rest of the city. But with a rash of non-violent crimes occurring shortly after the layoff of 80 Oakland police officers—and after the police department changed its strategy for handling non-emergency crimes—some residents have been calling another city’s police department for help: Piedmont’s.

Oakland residents “have been requesting more police service,” said Piedmont Police Captain John Hunt. According to Hunt, his team of dispatchers has gotten 20 to 30 percent more calls from the Oakland border areas over the last two months. “We’ve had to gently tell them that we can only answer for Piedmont,” Hunt said.

Neighbors have been sending the Piedmont Police Department “thank you” messages—some in the form of emails, others as plates of chocolate chip cookies—for what they believe to be an increase in patrols for the bordering Oakland communities. But Hunt was quick to point out that although Piedmont police were the first to respond to an incident on Oakland’s Masonic Avenue several months ago, they are not regularly patrolling Oakland neighborhoods. “Sorry to be the bearer of bad news, but we are not providing extra patrol,” said Hunt.

 

[BaileyKin]

Looks like we're going to have to get a lawyer. He actually just called the police on us for "threatening him" and we found out he's also trying to sue us for our shed being too close to the property line. The poor police officer showed up at our house and you could tell he was just following protocol. The second we opened the door and he saw this was a house with all girls (divorced single mom) , he realized that none of us threatened him and he was just being a jerk. Unfortunately for us, it isn't trespassing until we tell him he isn't allowed on our property. Everything else is just word of mouth. The cop suggested we get some cameras installed and start taking pictures and recording our conversations with him. Until then, everything else is dealt with the town and we have to wait on the surveyor to come back out. Thanks again everyone, you've definitely helped us!

 

[Wishing on a star]

Yes, for a female, especially one in the home alone, this is threatening and harassment. Not to mention trespassing, extortion, etc. etc. etc.

As a woman, nobody EVER better follow me onto my property and confront, threaten, harass, extort me like that. EVER.

GET A LAWYER ASAP.
GET A CEASE AND DESIST ORDER.
GET A RESTRAINING ORDER.
YOU NEED THESE LEGAL PROTECTIONS IN PLACE ON PAPER.
DOCUMENT, DOCUMENT, DOCUMENT...

 

[Wishing on a star]

Unfortunately for us, it isn't trespassing until we tell him he isn't allowed on our property.

A nice 'NO TRESPASSING' sign might suffice.

 

[sookie]

Keep us updated OP! Sorry you are going through this. There is no way I would be wanting a retaining wall on the property, and it sounds like he is going to go after your fence any day now - like tomorrow.
Do you have an appointment with a lawyer?

 

[Wanderlust]

I'm so sorry you're going through this. We went through something similar a few years ago and it was stressful beyond belief.

First, you need to contact a lawyer asap and have them send a cease and desist letter to him. I don't think it's enforceable by police (at least it wasn't for us) but it's documentation the situation is being addressed by you.

Next, have your property surveyed. Take pictures of the the stakes. It's illegal for him to remove them.

Document document document and pictures!!! Every interaction, date, etc. Take pictures, daily if you need to.

While the township legally couldn't do anything because it was a civil matter for us, the zoning office helped us tremendously. The neighbors were cited for work with out permits, were cited for not following township regulations (that resulted in damage to our property). I know township lawyers got involved, meeting were set up with all off us etc.

We never ended up needing to go to court because we had the law on our side but it took a while for things to get resolved. We were being harassed by them also. We ignored it, ignored them, all contact was through our lawyers.