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Vandalism or Civil Matter
Neighbors, you gotta love em. Having a garden center lets me here all the neighbor stories, if it were not for bad neighbors, half my business would be gone!! I have even had my own neighbor problems even though I purchased a neighbor resistant property. One thought he would hide his car in my woods so the repo man would not get it. I did not know him or the car so I got his check book out of the glove box and called the number on the check. told his wife I was going to remove the car within the hour. When he got to my house 15 minutes later, he was appologizing and later I heard through the grape vine that he went home spouting excitedly about me wearing a gun. That is probaby the best advirtisement ever for leave me alone and obey my no trespassing signs.
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Vandalism or Civil Matter
It looks like his small shed is very close to the property line. In AZ. where I live, his shed would have to be 7' from the line. I would call planning and zoning, he may have to move it back a few feet.
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Vandalism or Civil Matter
You have the evidence of the anti freeze jug. It may be put there to also send a message that if old lucifer gets out he will die a slow painful death (Antifreeze does that and will be drank up quickly by ANY animal around.) See my PM to you.
I think its war time right after your lawyer fires off a letter to warn him.
Also I think he is on to something by removing the fence. Put it anouther 3-5 foot further on to your land. Put no trespassing signs up on your line. Hopefully he will put MORE fill dirt further on your land. Heck the more free dirt you can get the better? The remove it when the time is right and keep it.
Of course your other option is just to fire bomb his house. get it done with once and for all! Oops, did I say that?
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Great ideas - especially no trespassing signs - brokenarrow! 2ndhand, I don't envy your position there in VA. But I think you're the right man to handle the situation. Boomerang - the shed is too close - the town granted an automatic variance to the neighbor over my objections when it was found to be too close.
In the town where I grew up this never would have happened. But here it is "variances r us" and I think these people are connected to an old-boys-network. I had a petition signed by 40 of 44 homeowners in my development stating opposition against variances in our planned development and the town still granted this neighbor all the variances he wanted. The neighbors are clearly in my camp. But the town is in the neighbors camp.
Anyway, I worked with my daughter all day today building a stone wall - bringing up rock along the property line to edge a bank of dirt behind the poolyard. The neighbor left us alone - a good sign. We'll see how long it lasts. But don't worry, I won't have a heart attack over this situation. We'll be out there again tomorrow working away. There's nothing I like more than digging in the dirt all day!
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Crunch,
When I had my house built, I rented a house in a development of quarter acre homes. I had a spool of wire like you had with the stakes just like yours that I placed behind the house.
The first time I met my neighbor he does not say hello instead he says you don't plan on doing anything with that are do you, and by the way I am a prison guard. I did not put the fence up, had no plan to, but this guy decided from that point on treat us as inmates. Trailer trash to his high standards.
He proceeded to do everything to threaten me.....can't rent in the complex...., called the cops because my Lab had too many poops on my yard, you name it. He was a complete a..hole. As a consequence I used to do special things for him like run my tractor on the property line when he was on his deck. I also made sure the grass next to his lawn looked like hell by cutting it too short..... You name I did it.
But the long and short of it was I was miserable every day I lived next to that moron. We were so so happy the day our new home was done.
I wish you luck with your battle. I think in retrospect having my wife bake his fat a.. a pie would have been better, but then again he and his family got along with no one at the development.
Good luck!
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Dennis, situation seems very similar. One difference, the original infraction with this guys was on his part - he crossed into my property with his Kubota and began taking my topsoil. He actually dug a 20 foot diameter hole on my property 3 foot deep behind some brush. I resurveyed the line and let the guy off with a warning. It all started from there. After that I had to watch everything he did.
For my wife and me this is the nicest home we will ever have - so we won't be moving anywhere. I am usually the nicest most respectful neighbor you would ever want. I typically ask my neighbors permission to do things I know I can do without their permission. I offer up my tractor to assist neighbors. But the years have toughened me to people like this. Like your neighbor - no one in the development is friends with these people anymore.
Broken, I have now enabled PMs. Sorry about that!
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Taking the 'weekends off' I miss all the good stuff it seems.  .
You have a lot of good advice and ideas here, and I think 2ndHand has the right idea, a strong reply is needed.
We had a remarkably similar instance happen with one of my clients golf courses of all places. They decided to redevelop a vacant area of their land into a reception / conference facility with a large open area of gardens and grass. The wedding reception business alone would be enough to justify the building of it.
The problem was, the jerk next door, who had inherited the place from his FIL, had grown accustomed to using the place to store his junk, and using the golf course as an exercise area and toilet for his two golden retrievers. He also had a nice little business going selling all the balls the dogs picked up on their daily walk on the course.
Before we started work the course owner wrote the neighbour a polite letter informing him that work would soon begin and he needed to remove his stuff. The jerk wrote back that he had been there long enough to make it his land and he wasn't moving.
For legal reasons he actually had no claim to the land at all. So the course owner gave him 5 days to move his stuff and posted signs on the land. When we showed up it was still there. We could have merely lifted it back onto his land, but the lawyer had a better idea. We phoned a local towing service and had them drag everything to their impound yard. It apparently cost him a lot of money to bail everything out.
Things quietened down for a while after that and we finished all the construction and landscaping.
The following spring the course owner called me quite upset, during the winter the neighbour had done some 'landscaping' of his own. There was now a earth berm about 8' high between the properties and in places it was 25' out into my clients land. This was just dirt that he had got as clean fill from a construction company. He had been paid to take it.
After consulting with his lawyer and I, he had his lawyer send the jerk a letter, including a quote from me to repair the damage and remove the dirt, as well as a claim for lost revenue for bookings set for early spring functions.
My quote alone was WELL into the 5 figure range.
At the end of 5 days nothing had been said or done by the neighbour. We went in and repaired the damage and the course owner sued the neighbour.
The guy that lives in that house now is the greens-keeper for the course, the course owner got title to it when the jerk couldn't pay the judgement against him.
Maybe you should send your neighbour a quote. I'm sure if you talked nicely to one of the local contaractors they'd give you something to stick in with a letter from your lawyer.
Best of luck.
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Murf, I think you are right. An estimate to clean this up -with hazard pay  along with a letter from my attorney is the right course of action here.
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Looks to me like you have some decisions to make. My observations are as follows: If you want to declare war as many have suggested you had better make sure you have an army so you had better start saving. By that I mean that escalating the cop calling, name calling, and general mud slinging will eventually result in someone having to deal the final blow (legal or illegal). How far are you prepared to go to return all his "favors" and can you withstand what his next move will do to you. Don't think retribution, thats generally very expensive and invites further retalliation. Think about how many hours you want to spend dealing with this problem, how many times you want to speak to the cops etc. Be prepared to incur some collateral damage as well (lost sense of security, worrying about if he will attack the wife or kids, etc). You might win the battle but loose the war (if your wife feels too threatened at the end of all this you may have to sell the place at her demand / request anyway). A lot of posts above mine speak glibly about property rights and "heck just get your attorney to do xyz". It's trivial stuff at present but it could get nasty. Murf had a great post about a golf course tyrant and how they turfed him out. That case was golf course / business vs. individual and that's a totally different dynamic than what you are dealing with. Golf courses dont have feelings or a personality, they just hire lawyers and people like Murf and presto stuff happens, the law is observed and there is noone to retaliate against. They don't care one way or the other and generally dont loose sleep over these sorts of matters. Your problem here is that he is a neighbour, you have to live with him and it sounds like you have more to lose than he does (you after all care about improving your property). I tend to think the quickest, cheapest and most expedient way to resolve this would be to see him in person and carry an olive branch. Chances are he doesn't like dealing with the cops and all this other stuff either. Know one thing for certain: getting lawyers and the courts involved will cost YOU (and him) time and money and chances are good that when they decide that they have made enough money from both of you they will draw up a truce that both of you will have to stomach. You could draw up that same truce right now and all it would cost you would be a couple of six packs and a few doses of humble pie. Plus you would probably get a good night's sleep. Make an earnest attempt at diplomacy first, understand his problem with all this, there may be a simple solution. Of course if you do decide to go to war, know that its going to cost in more ways than one, and winning it may not be worth the effort. Good luck.
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Annbrush, the cops just came because I had mellow music playing on my deck. They laughed along with us. My wife is tougher than I am. Let me reassure you that I am prepared to die for my property rights. I know that this game is not for the meek and mild. There is no more noble cause than defending your property. I am a farmer's son and have learned about property rights long ago. I have lived my life - my kids are doing great - and I have done my job in life. I will not back off because of what might happen. I have been threatened with my life before. I have had problem neighbors before who are currently licking their wounds.
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05-29-2005, 13:01 
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