Neighbor Issues

[Sponson]

Okay, our neighbor is wanting to sue me and my family because our retaining wall broke (the previous owners didn't even cement it, instead, layered stones in hope that ice and erosion won't destroy it any time soon), and thus his property (dirt) is falling on to ours, and that is what he is suing for.

What is my position. Why do we need to build a retaining wall, costing tons of labor and money, to keep his property out of ours.

[Surf314]

Depends on the law and how it is deeded.  You should really go back and read the deed to find out what your responsibilities regarding boundaries are supposed to be and if there are any deed restrictions.  I'm not entirely sure but if it is communal I think it is both of your responsibility so no prob he's just as at fault.

Also you have to consider what is the harm?  It seems like you were the ones harmed from this not him.  In fact you might have a counter suit

[rumsfald]

countersue and tell him to keep his fucking dirt off your lawn.

[Surf314]

Follow up, once lawyers are called in no one wins.  This is pretty immature of them but you should try to work things out without lawyers.  I don't think anyone has sued and been happy afterwards for small stuff.

There is an expression:

"We'll sue him for all your worth!"

Just try to make them understand that even if he wins he will probably come out behind in lawyers fees.  And like I said once all the boundary stuff is researched he might end up paying you.

[Sponson]

Thats what I figured. Its his dirt, and his dirt caused our original wall to erode in the first place.

[Dave]

punch him in the face then cut out his tongue, then fill his bleeding mouth his his dirt

you americans get your failing legal system tied up with shit like this?
just brick his face, say if she keeps going on about little things you move up a notch, explaining that the brick as a weapon is level one
if he doesnt shut up your going to level five, my cousin had to ko this dick for pissing in our garden when we lived on the estate, he stopped pissing on our garden

problem solved.

[A. Crow]

>.> does your state support castle doctrine?

"but officer, his dirt was invading my property, I felt in danger for my life."

[rumsfald]

just brick his face, say if she keeps going on about little things you move up a notch, explaining that the brick as a weapon is level one
if he doesnt shut up your going to level five, my cousin had to ko this dick for pissing in our garden when we lived on the estate, he stopped pissing on our garden

problem solved.

This is an excellent example of how American gun culture inculcates violence in youth.

[Neonie]

countersue and tell him to keep his fucking dirt off your lawn.

QFT

"but officer, his dirt was invading my property, I felt in danger for my life."

QFT x2

[Versus]

Prop up the dirt with your giant tits.

[Dave]

[quote author=Dave link=topic=1142.msg29866#msg29866 date=1218500241]
just brick his face, say if she keeps going on about little things you move up a notch, explaining that the brick as a weapon is level one
if he doesnt shut up your going to level five, my cousin had to ko this dick for pissing in our garden when we lived on the estate, he stopped pissing on our garden

problem solved.

This is an excellent example of how American gun culture inculcates violence in youth.
[/quote]



idk what inculates means.

[Panda]

So there's this thing called "easement by concession" which means if someone uses the neighbors property long enough without the neighbor doing anything about it, they get some rights to it.  The statutory period of time doesn't reset with a new owner, as the prior owner is supposed to mention any easements they know of, and an inspector should catch the ones that they don't.

That's as much as you get without me giving legal advice, which is illegal for me to give as I am not yet a lawyer.

[CaffeinePowered]

countersue and tell him to keep his fucking dirt off your lawn.

[zaneyard]

countersue and tell him to keep his fucking dirt off your lawn.

+1

[Surf314]

So there's this thing called "easement by concession" which means if someone uses the neighbors property long enough without the neighbor doing anything about it, they get some rights to it.  The statutory period of time doesn't reset with a new owner, as the prior owner is supposed to mention any easements they know of, and an inspector should catch the ones that they don't.

That's as much as you get without me giving legal advice, which is illegal for me to give as I am not yet a lawyer.

Yea thats what sucks about being in fields like ours, you suddenly can't give advice in certain areas without getting into muddy legal waters.

[Eschatos]

Murder the guy and build a new wall from his bones.

[Surf314]

What you should take away from this is avoid legal action at all costs.

[Sponson]

He said he wants to. But won't unless we build up that wall.
My dad already destroyed half that wall. Looks like we're building that wall.

[Budr]

My parents are in a bit of a dispute at the moment. The guy next door complained that our fence was about six inches into his land at the front and in a pretty bad state of disarray. So my Dad checked with the land registry and it turns out he was right but that at the back we're owed about three feet! Now the silly fucker's trying to backtrack.

[A. Crow]

He said he wants to. But won't unless we build up that wall.
My dad already destroyed half that wall. Looks like we're building that wall.

Where do you live?  I could use someone who caves easily for a little game I like to call "That man hit me with his car."

...You guys are insured, right?