I love to be on the side of the underdog. However, a lot of what you say Leaffan, I agree with. They DID pay for the damage last time and although they are stupid and inconsiderate, they don’t seem like they will not do so this time. I know it must be annoying. Before my husband moved out, stuff like this would make him crazy. Beer cans on our lawn would be a capital offense and the kid across the streets digging up front lawn with his motorcycle was grounds for a firing squad. Until I found out he was doing this, he would pick up the empty beer cans and/or bottles and bring them across the street to the neighbor with the teenage boys who hung around weekend nights and throw them on their lawn. Yeah, that showed them! As far as the motorcycle treads? holes? (Not sure what they would be called), yes it was ugly and we had to resod but stuff happens and why have an altercation over it.
Then hurricanes Charley and Francis went through the middle of our town. Shrubs and trees didn’t matter because they were all gone. So were fences and roofs and screen patios. The way the neighbors all pulled together to get the huge oak tree cut up and moved off from blocking our cul de sac , I am glad I never bitched about the tire tracks. Not that JS doesn’t have a point, she does. But I think she handled it great last time and should do the same this time. “Hi, I don’t know if you realized but blah blah blah and here is the price of the damages that I would appreciate you pay for. Sorry this happened yet again”.
Then again, I am the person that has my separated husband living back in my house as I pay the entire cost of his recently deceased father’s funeral so I think I may have passed Leaffan on easy going and moved on to stupid.
I curious.
Is there any other access to their yard? How is this layed out that they seem to have to continue to go through your yard?
The previous thread says last time they mainly went through a neighbor’s yard.
I tried to construct a picture. My artistic abilities are slim.
The red lines are where the tracks are.
You can see that there’s no way for them to get equipment in from the front. They simply have too many structures in the front.
And they have trees all along the back of the property, while I have empty spaces.
See, they didn’t want to destroy their trees since their property is important.
So, from the picture it seems that they were trying to logic their way through not damaging their own trees. “JSGoddess has a clear spot! Oh, I’m sure she won’t mind if we dismantle a corner of her property! They’re only flowers!” ::raises eyebrow:: You talked with them last time, and they didn’t get the hint. You called the cop, and, hopefully, got around to filing a report about the incident and took photos. Last time they took down your fence, they bought you a couple of lilacs to replace the ones that disappeared. IIRC, that’s only fulfilling half of the promise of reimbursement, but I tend to be a bit spiteful toward people who are so inconsiderate of other people’s property and would hold it against them. Just make sure your neighbors understand that they are to contact you and ASK PERMISSION before doing anything that would involve going anywhere near your property, especially with heavy equipment or other things that cause damage to your property. If they are so nonchalant about it again, you can always take them to small claims court for the cost of damage.
Have they tried to get the Bobcat back out of their yard?
Make absolutely sure that they lose 1-2 of their trees getting it out, vs. back through your yard. Then reset your fence in concrete and rebar.
Is the Bobcat a DIY project? If not, you could also go after the contractor for damages and criminal tresspass.
+++++++
My 1-acre property is surrounded on 3 sides by a field I don’t own. One of the hands of the farmer that has the field has insisted on mixing and staging ag chemicals in my yard, and used my land to park farm equipment, when there’s multiple ways in to the field and room to do stuff. FWIW, that farm hand is the problem
The boss farmer is a friend, and is apologetic as hell when that stuff happens, but I’ve still made it clear I’ll hold his employees and suppliers at shotgun point for the sheriff the next time it happens. He also knows he could use my land if necessary just by asking.
Actually, being Canadian, we’ll have a House of Commons debate over whether to strike a Parliamentary Committee to discuss the possibility of forming a Royal Commission to investigate and produce a report (in French and English) that includes recommendations that would or would not be implemented, at the discretion of the responsible party.
Naw, seriously, even Canadians can be pushed too far, and I think a situation like this would do it. So we’d do something about it ourselves. I agree with everyone that we’re way beyond the “friendly chat over a beer” stage and into the “call the police” stage. We’re still far from litigation, but I can see a strongly-worded lawyer’s letter, listing the legal remedies that could be pursued if reparations are not immediately and satisfactorily made, being of some use also.
Jsgoddess, the solution is obvious. After seeing your drawing, it is clear that all the neighbor has to do is knock out the back wall of his garage so that he can drive his equipment through.
I agree with the way you handled it last time, but it seems some people don’t get a clue if it’s handed to them on a silver platter. Stick to your guns and don’t let them get away with it this time.
See, this is probably why we went into WWII - we were afraid that the Germans would start messing with our yards.
You Americans better take good note of this - don’t mess with Canadians’ yards. I don’t care how much oil and fresh water we have. {Insert steely-eyed glare smiley here.}
Looking at that diagram, it’s obvious why they keep doing this. What isn’t obvious is where they get the sense of entitlement the size of a small city that makes them think that they can do whatever they want with YOUR yard because they can’t get in the back of theirs.
“Then”? Why wait?
Takes time to order concrete, rebar, and the masons to set it up. Duh.
JSGoddess, we await the next installment in this little soaper… ::taps foot impatiently::
I’m not familiar with the exact requirements for a prescriptive easement, but it seems like your neighbors are establishing a pattern of use which could lead in a few years to an easement giving them the right to use the corner of your yard as an occasional driveway. (But IANAL. How often does a path need to be used to maintain “continuous” use for the purposes of creating an easement? Yearly? Monthly? Daily?)
My show is gonna get canceled for lack of ratings after I admit that…
Nothing has happened.
The fence, the cart, and the bobcat are all still where they were.
I keep going outside and giving them plenty of opportunity to cajole, harangue, or bribe me. Nothing.
Wow. So bobcats rent for over $200 a day, and they can afford to let it sit idle for days at a time? Can you tell if it’s a rental? Or did they get a free loaner from somone? What do you think they are planning to do with the bobcat…what project do they have going on? Have they applied for a building permit?
Honestly, Leafan is just a freak and I hope I have him for a neighbor 'cause I’ll totally take advantage of that.
“yeah, I know that fence is a little on your side, but I didn’t want to move my bushes. You don’t expect me to move my bushes do you? I guess it does make pulling out of your driveway a little difficult, but if you start doing this five point turn where you drive a little on to your front lawn you can get out no problem.”
I don’t know if it’s a rental. It doesn’t have a business name on the side or anything, and I guess I would rather expect some advertising if it were a rental.
What are they doing? I’m not sure. The grass back there was chin high on me before they brought the bobcat in. Now, three-quarters or more of the back yard has no grass on it and there’s a large pile of dirt down near where the hole in my fence is.
As far as I can tell, the bobcat hasn’t been moved since Tuesday morning.
The permit they had to put in the pool is still in effect if they had something else on it. It lasts for two years.
Put your fence back together so you don’t have to see the pile.
If it’s a DIY, they’ll be busy today.
IANOL either. But have some experiance with this (My Wife got screwed in such a situation).
It’s very weird. If you give them permission, you can take it away. If you DON’T give them permission, and the use is ‘notorious’ (meaning obvious) and it goes on for a certain amount of time. You CAN’T take it away.