Worlds worst neighbor? part vent, part wwyd

[diznygirl]

So you come here, post this big long doozy of a neighbor story, but you shoot down EVERY suggestion as to how to deal with it? What is it that you want to hear?

Winner, winner, chicken dinner!

 

[ChillyWilleys]

Alright. I haven't shot down evey idea. I've said either they're not possible or that I've already done them. But thanks for your helpful input. We went to the police again last night. Numerous reports have been made on this track. No one of authority cares. Can't do a fence nor would it solve anything. His driveway, front door, and our walls would not be separated by this fence. There is no HOA for this development they are all indvidually owned. Agreements of how the lawn is handled are made at sale. DB is well aware of everything that is going on. We will be calling the police to come down for absolutely every incidence of absolutely everything that he does and if they ask me to speak to him myself my response is I have filed reports in the past documenting his violent tendencies I do not feel safe having any communication with him. Only other option is moving which hasn't been ruled out. I'm sorry if I didn't immediately say Oh yes let me pack up my 2 kids today find somewhere smaller to shove all our stuff that doesn't fit where we're living now and go. If I do do that which I probably will it still takes some time. I'm a real person with this as an actual issue. Its not just something I write on here and the next day can hop and say ok I put up a fence, got the zoning changed, and moved. Yards are shared. But again track has been reported no one cares. If I knew what would have come out of this I probably would have moved the first year or since we're theorizing wouldn't have moved here at all. Up until recently I just thought he was a jerk with no social skills, a simple nuisance. Its only been a few weeks that I've seen him as a real threat. Oh and calendar idea is in effect also. If we make it that far.

 

[Lisa loves Pooh]

Alright. I haven't shot down evey idea. I've said either they're not possible or that I've already done them. But thanks for your helpful input. We went to the police again last night. Numerous reports have been made on this track. No one of authority cares. Can't do a fence nor would it solve anything. His driveway, front door, and our walls would not be separated by this fence. There is no HOA for this development they are all indvidually owned. Agreements of how the lawn is handled are made at sale. DB is well aware of everything that is going on. We will be calling the police to come down for absolutely every incidence of absolutely everything that he does and if they ask me to speak to him myself my response is I have filed reports in the past documenting his violent tendencies I do not feel safe having any communication with him. Only other option is moving which hasn't been ruled out. I'm sorry if I didn't immediately say Oh yes let me pack up my 2 kids today find somewhere smaller to shove all our stuff that doesn't fit where we're living now and go. If I do do that which I probably will it still takes some time. I'm a real person with this as an actual issue. Its not just something I write on here and the next day can hop and say ok I put up a fence, got the zoning changed, and moved. Yards are shared. But again track has been reported no one cares. If I knew what would have come out of this I probably would have moved the first year or since we're theorizing wouldn't have moved here at all. Up until recently I just thought he was a jerk with no social skills, a simple nuisance. Its only been a few weeks that I've seen him as a real threat. Oh and calendar idea is in effect also. If we make it that far.

You are in a fortunate position where you can practically hop on out of their at will.

How you choose to handle it is purely your decision.

However, given his conduct and the police's inability to do anything about it--I have a strong feeling that you will be creating more hostility by holding out in lieu of safety.

If it were me, in my off time, I would be investigating every other possible rental situation that existed in my area that keeps my kid in the same school. If none existed, then I would search what was available anywhere.

Storage units exist for *stuff*.

I will say that your experience has me completely turned off to town homes.

And FYI--your neighborhood probably does not have an HOA, but HOA's are in many communities nationwide where people individually own their properties, attached or detached.

My last concern would be for making things work in the present situation.

 

[ChillyWilleys]

I'm glad I have you turned off to townhomes! I know for some people they're great but you never know who's gonna live next to you obviously. Even if you like the neighbor what if they move? I strongly advise against it to anyone.
I am doing investigating.

 

[Gabes_mommy]

I will say that your experience has me completely turned off to town homes.

The OP lives in a duplex, not a townhome. True townhomes do not share yards. We live in a townhouse and we have our own large, fenced in patio that is perfect for my DS to play on.

Also true townhome communities have HOAs - our HOA would NEVER stand for all this craziness. They can be a pain sometimes, but they manage the riff raff and keep our community lovely.

Also the community where we live has very thick walls. Our homes are all concrete block construction. I rarely, if ever, hear my neighbors. So the moral of the story is, if you look at townhomes make sure to look for a community with solid concrete construction and an active HOA.

 

[dis-happy]

You can file a private nuisance lawsuit against him re. the track. Have the neighbors join in too!



Under the common law, persons in possession of real property (either land owners or tenants) are entitled to the quiet enjoyment of their lands. If a neighbour interferes with that quiet enjoyment, either by creating smells, sounds, pollution or any other hazard that extends past the boundaries of the property, the affected party may make a claim in nuisance.

Legally, the term nuisance is traditionally used in three ways:

to describe an activity or condition that is harmful or annoying to others (e.g., indecent conduct, a rubbish heap or a smoking chimney)
to describe the harm caused by the before-mentioned activity or condition (e.g., loud noises or objectionable odors)
to describe a legal liability that arises from the combination of the two[2]. However, the “interference” was not the result of a neighbor stealing land or trespassing on the land. Instead, it arose from activities taking place on another person’s land that affected the enjoyment of that land[3].
The law of nuisance was created to stop such bothersome activities or conduct when they unreasonably interfered either with the rights of other private landowners (i.e., private nuisance) or with the rights of the general public (i.e., public nuisance)

A public nuisance is an unreasonable interference with the public's right to property. It includes conduct that interferes with public health, safety, peace or convenience. The unreasonableness may be evidenced by statute, or by the nature of the act, including how long, and how bad, the effects of the activity may be.[4]

A private nuisance is simply a violation of one's use of quiet enjoyment of land. It doesn't include trespass.[5]

To be a nuisance, the level of interference must rise above the merely aesthetic. For example: if your neighbour paints their house purple, it may offend you; however, it doesn't rise to the level of nuisance. In most cases, normal uses of a property that can constitute quiet enjoyment cannot be restrained in nuisance either. For example, the sound of a crying baby may be annoying, but it is an expected part of quiet enjoyment of property and does not constitute a nuisance.

Any affected property owner has standing to sue for a private nuisance. If a nuisance is widespread enough, but yet has a public purpose, it is often treated at law as a public nuisance. Owners of interests in real property (whether owners, lessors, or holders of an easement or other interest) have standing only to bring private nuisance suits.

 

[Kies99]

Don't call the police about the track.

You need to call your local borough and talk to the Code Enforcement Officer. This person will be able to tell you if the track violates any local building/zoning/use codes. This person will then be able to fine the neighbor for any violations.

The police won't necessarily know if it violates any codes.

 

[karibritt01]

We went to the police again last night. Numerous reports have been made on this track. No one of authority cares.

I agree with the others who have said go to the zoning dept in your city/county. There may be something that they can do to enforce removal that you would never think of. (Soil erosion, dangerous activity in a neighborhood, etc) It should be free to go down and talk to someone, and you could do it in an afternoon.

Can't do a fence nor would it solve anything. His driveway, front door, and our walls would not be separated by this fence.

I disagree. The fence will not solve the issue of the driveway, front door, or walls, but it will provide your DD with a safe place to play. That alone would be worth it to me. You could put up a 6-foot privacy fence on that side, and a picket around the remainder of the yard to cut cost and give you a view of the rest of the neighborhood. You might also be surprised at the amount of noise and dust that will be blocked by a 6-foot fence, too.

There is no HOA for this development they are all indvidually owned. Agreements of how the lawn is handled are made at sale.

Most contracts like that have an "expiration date." I know that with our covenents in our neighborhood, they must be renewed every 20 years or they will be voided. Once the covenents are voided, they are nearly impossible to reinstate. Also, if a rule is broken, and no one makes an attempt to enforce it, then that rule becomes void after 6 months. Legally, you may be able to get that section of the sale contract voided if he has broken the agreement.

We will be calling the police to come down for absolutely every incidence of absolutely everything that he does and if they ask me to speak to him myself my response is I have filed reports in the past documenting his violent tendencies I do not feel safe having any communication with him.

I would consider a restraining order against him since he has acted violently. It will also help you out if the police want you to deal with him on your own, as well as go on record the type of behavior he is capable of.

 

[RUDisney]

I don't give a flying you know what what Tim thinks. As could be evidenced by when I told him straight to his face after incident with DD that he was a "poopy" excuse for a human being. Many neighbors have called the police and they never want to do anything. We have started to make a fuss with the police with the exact expectation that they will do something most likely to shut us up, since they don't seem to care for anyother reason. According to the police and board of health who we have also inquired to, there is nothing we can do about this dirt track. Again I think its just that they are to lazy to do anything about it. Other neighbors have the attitude of might as well try and get along since we have to be neighbors. This was the attitude I tried to have until just the past couple months when I feel he's more than just a PIA. These townhouses are individually owned but yards are shared. So there is no higher power other than the city itself which doesn't seem to care.
As far as neighbors getting together, what do you suggest we do? really is there anything that can be done? He can't be evicted from a house he owns. Police don't care when we call. and although horribly obnoxious and crazy what he does usually borders on the side of legal or your word against mine. I'm not asking that sarcastically if you have any ideas I'd really like to know.

Don't call the police about the track.

You need to call your local borough and talk to the Code Enforcement Officer. This person will be able to tell you if the track violates any local building/zoning/use codes. This person will then be able to fine the neighbor for any violations.

The police won't necessarily know if it violates any codes.

Let me tell you a story about my sister's neighborhood.

She lives in a very nice development that has an HOA, but it found itself in a pickle because of a land purchase made next to my sister's house.

My sister's house is on a hill. The lot next to hers included the base of the hill and up the hill to her property. Someone bought the property to put up a spec house. Here's where it gets crazy.

The property is solid rock. My sister had to blast for her foundation and for a pool, too. The new property owner had to blast out the rock to make a level lot. This created a 30' drop off from my sister's property and thus made it unsafe for her two small children to play in her backyard.

The other HOs were furious with the abomination of a house that was built. It literally has about 4' on one side to the rock wall and 2' on the other to the rock wall... no backyard to speak of. It looks ridiculous.

With the goal of having the house torn down and the lot backfilled, the neighbors got together and got themselves onto the docket for the next zoning board meeting. While they weren't successful in this objective, they at least got an order for the new owner to put a fence on my sister's property line at the top of the cliff that he created. They also forced him to make it a vinyl fence to keep in line with the neighborhood's aesthetic.

Get your neighbors together and go to the zoning board in your town. If they don't do something about the track, then you can pursue the nuisance angle that a PP mentioned.

Tim obviously needs some medication or a job where he can boss people around so he doesn't have to do it in the neighborhood. United, your neighborhood can stand against crazy-Tim.