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Vandalism or Civil Matter
The picture of the fence makes it much clearer. I would take the fence down temporarily to remove the dirt and use it somewhere else on my land to do some landscaping. You have a FEL and a hoe......... piss him off and take all of the dirt away! And then when he puts it back again; take it away again. Make sure to properly document your time and machinery costs so you can send him an accurate bill just for the record when payback times comes. You could also decide to wash your fence with the pressure washer the next time he tries to dump more dirt. Another really good trick to pull to make your point is to go out and buy and old used freezer really cheap and put a bunch of spoiled meat and food in it and leave the top shut for about a month or so with it UNPLUGGED. When the guy has you really PO'd. move the freezer over as close to his house on your property when the wind is blowing the right way on a 90 degree day and decide to wash out your freezer that you accidently left unplugged. You will need a top quality respirator for this. I am cleaning a freezer just like this out now. Talk about sinus torture! I would suggest a hog pen but it looks like you are in a residential area. ;o)
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Vandalism or Civil Matter
If you want to really piss him off and make a point you could always replace the fence with a 10 foot reinforced block or concrete wall.
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Ha Ha! You both have good thoughts. Ken, I went with a wire fence originally because I didn't know what to expect from this character. I had the feeling he would do something like this someday. So at least I don't have a fortune in the fence like I would have had if I put in a solid panel fence.
I bought the fence at a professional place that has been selling fences for many years. It is really not noticeable from our house and is called a "varmint fence" which is perfect for its use. I wanted something that would bend with the ground easily and the wire stays rust free as you can see and is amazingly tough and hasn't broken. The fence has smaller rectangles as you get closer to the bottom. My wife says I should put a gate somewhere on the fence to let them know I will come on their side anytime to repair the damage they cause.
2ndhand, I had exactly the same thought about just taking the dirt. Actually I would REALLY be angry if he dug dirt away from the fence - he actually brought something of value to me. I want to leave it all there in the meantime for the record. I can also bring the other neighbors on tours down there - it shows everyone just who these folks are - though they have already been written off by most folks in the neighborhood and thats why these neighbors just don't care about anything.
You can see the blue spruce I planted to the right in pic 19. I raised them from seedlings and transplanted them on March 29 this year. I planted about 10 of these along the line and others elsewhere on the property. I am just praying that these folks don't do anything to hurt these trees. They are good for their own property value but these folks are just so pissed that we are back there using our property (that I think they wanted to take using adverse possession) that they might do anything.
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Vandalism or Civil Matter
Crunch, sorry but I am going to have to take the dissenting opinion here.
OK, after looking at the photo I have a better handle on the situation. I thought you put up a nice chain link fence, not that I like those either. From the looks of your fence I can see why he is not happy, not sure what you are trying to accomplish with a livestock grade fence. From the looks of your home you are in an upscale suburban neighborhood, putting stuff like that up is bound to raise some feathers. Particulary since your neighbor has too see it all the time, unless he spends a ton of money to screen it with a planting.
Looks like you two should see what you can do to solve this privately and stop the feuding before someone loses a father, not worth it!
I think your neighbor just wants that ugly thing gone so he doesn't have it in his face every day of his life. Since you both have tractors maybe you could team up remove the fence and build a nice berm between the two of you. This could be a therapeutic excercise for both of you.
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Dennis, I respect your opinion but respectfully disagree. I think this is a very inobtrusive fence and we (them and us) already planted trees above the shed on both sides. He asked the town for a variance for an 11 foot fence (which we said "no" in the town hall due to the extreme height). The town granted him an 8 foot variance which we agreed to and he was supposed to put the fence up. He never put the fence up apparently because I agreed to it and because I thought it was a good thing. I planted trees on our side of the remaining fence - he did not. He has plenty of money and could clean his side up quickly - but he wants to park his tractor and trucks there and wants us to see them.
This guy is not someone I would waste a lot of money on. I knew he would ultimately destroy whatever I did. I was warned about him when he moved in by a resident in the neighborhood who is a fireman. Even if I didn't like the fence I would never harm someone else's property. I would just screen the fence with my own fence or trees. That is the proper way for any landowner to handle this.
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Dennis, I will add that I put the same fence up on the line with a neighbor who is a good friend. We asked his permission first and kept it only in the wooded area. The fence is a safety net for my wife since she didn't feel comfortable walking around the property when I wasn't home with that guy living behind us.
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Vandalism or Civil Matter
I'm not a lawyer but I feel it's definitely a matter for the courts, not the police, unless he's clearly threatening bodily harm on your family.
I have a nextdoor neighbor like this who was out of control. I finally confronted him. He didn't say anything then but a week later he had reported me to every authority he could think of (all falsely) plus tried to get the other neighbors on "his side". We stopped speaking for awhile. I invested in some really tall bamboo and other boundry trees (bamboo is great for blocking off bad neighbors!). He's also on a tiny 2ac lot close to the prop line & I'm on 15ac. Some people are so strange sometimes?!
If you sue, you *might* be able to include your legal fees in the settlement; ask your lawyer. To pursure it in the courts, your first step is to document that you informed him of his "mistake". I'd send him a short, polite note via Certified Mail explaining it as a "misunderstanding" and ask he removes his topsoil from your fence at his earliest convenience. If cleanup/repair costs are under $5000 (amount depends on your state) you could file in Small Claims without a laywer. But realise even if you win a lawsuit, he'll still be a total jerk and will just find something different to mess with you.
In the end you have to pick your battles. Winning a court case won't make him a nice person. He may even get worse and you'll find yourself keeping belongings, pets, and kids locked away inside where nothing can "disappear". Police will not be helpful unless you can *prove* he's harassing, vandalising, or threatening you... and by then your tractor was spraypainted and your dog is missing.
In the long run maybe it would be better to try to make the peace with this jerk; ask him why he's doing it and what he wants, and try to appease him? (I know he's a jerk but in the long run this option may be better than a big feud) Or forget the legal stuff; just rebuild a better fence he can't wreck plus more trees to insulate you from him and write off the cost as just part of owning property too close to other people?
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Vandalism or Civil Matter
Funchy - I agree with you. I'm not taking this to courts -not worth my time or money - will go nowhere. I am not retaliating in any way - just waiting to see what the neighbor does next. Hopefully he does not continue on his present course of action. I agree about the bamboo, it is a great solution. I have seen large plots of yellow groove bamboo that grows up here in the north. It is very nice as a barrier.
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Well, Your situation really sucks..really...Who wants to be at war with their neighbor....home is supposed to be where you go to renew yourself, not get more wound up..
As you vigorously persue your legal rights, you might consider simultaneously trying to kill him with kindness...You know like the bible says, "thereby heaping hot coals on their heads"....
The worse they treat you, the better you treat them...Will probably drive him absolutely bannanas.....and eventually sear what little conscience he has left....He'll probably think you're up to no good at first, but over time, it'll confused the crap out of him..
I hope this all gets resolved and you guys can live in peace with each other....I'd do a lot of praying...maybe God will allow a situation to arise where you san save his ungratefull arse or something....
But if it were me, I'd first ditch the wire fence and build me one seriously solid concrete one.......huge, deep footing with lots of rebar... if that didn't do the trick then I'd move onto the other options being suggested....
I just hope I don't have that situation myself at some point...I've lived next to a crazy/scary/D-Head/druggie before as a renter, and fortunatley he got evicted for not paying rent (by his sister) before I had to hit him over the head with something, and I can attest that that situation definitely 'sucks'....
What is it with some people that they are so miserable that they feel compelled to expend all this energy screwing up others lives?...If they would only focus all that energy in a positive direction, they'd probably be a heck of a lot less miserable...
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ncrunch32.......be VERY thankful you don't have neighbors like mine.......if you call them neighbors. I am on a bit larger piece of land and spent about 4 days posting the piece I live on now, and closing up cut fences. Some of the "nice folks" (and I use that term VERY lightly) necessitate that I wear body armor and carry an M-3 Super 90 and a CZ-75 30 rounds each. Don't get me wrong as I have some VERY nice and hospitable neighbors but their are some "neighbors" who like to poach and grow pretty green plants to smoke, not to mention ride their ATV's as well as dump trash on my property.
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05-28-2005, 23:55 
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