Neighbor damaged fence with heavy equipment (Resolved)

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Sprucebark
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Neighbor damaged fence with heavy equipment (Resolved)

Post by Sprucebark »

The next door property was recently sold and the new owner has been working hard to fix it up and get it ready to rent out. I believe this owner has property all over the place and is a professional landlord. They were doing some landscaping with heavy equipment and knocked over my fence and ripped up two utility lines that run through the utility easement- phone and internet. Most of the time I work from home so this has been a major problem to lose internet. When I came out to look at the fence the owner came over and said it would be fixed “right away”.

It’s been a week and the fence has not been fixed.
I have dogs and they have escaped twice. I am having a contractor come tomorrow to fix it. I have left a voicemail with the owner and haven’t heard anything back.

I believe the fence is entirely on my property (just a hair over the line on my side). The local law doesn’t really get into fence disputes. I want to make the owner next door that damaged the fence pay for the fence repair. I suppose once I get the bill I can hand it over and try to get reimbursed? If the owner says no, then what? It seems like this owner wants to do everything DIY to save money.

I don’t have a landline phone. Should I pursue getting that phone line repaired that runs to my house or forget it? The other end of the broken phone line is sticking up out of the ground on a third neighbor’s yard and would be quite an annoyance if trying to mow. If I never need a landline phone then it might not be worth pursuing to get repaired.

Edit- I hit post too early before typing everything out.

Edit 2- issue has been resolved. I paid. Neighbor vanished.
Last edited by Sprucebark on Sat Aug 06, 2022 7:35 pm, edited 1 time in total.
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lthenderson
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Re: Neighbor damaged fence with heavy equipment

Post by lthenderson »

Sprucebark wrote: Wed Jun 29, 2022 2:31 am It’s been a week and the fence has not been fixed.

I have dogs and they have escaped twice. I am having a contractor come tomorrow to fix it. I have left a voicemail with the owner and haven’t heard anything back.

I believe the fence is entirely on my property (just a hair over the line on my side). The local law doesn’t really get into fence disputes. I want to make the owner next door that damaged the fence pay for the fence repair. I suppose once I get the bill I can hand it over and try to get reimbursed? If the owner says no, then what? It seems like this owner wants to do everything DIY to save money.

I don’t have a landline phone. Should I pursue getting that phone line repaired that runs to my house or forget it? The other end of the broken phone line is sticking up out of the ground on a third neighbor’s yard and would be quite an annoyance if trying to mow. If I never need a landline phone then it might not be worth pursuing to get repaired.
My opinion is that expecting a fixed fence in a week is being way optimistic, especially in this climate of short supply of services in the home remodeling/repair industry. What happens if the owner has been on vacation for the last week? It is prime vacation time after all with an upcoming federal holiday to boot.

If I were in your shoes, I would buy or do something temporary to keep my dogs in and allow the owner a reasonable amount of time to get it fixed before pursuing the route you are going. Just hiring someone out with no say from the owner, especially one that likes to DIY as you say, is not going to foster any goodwill in this situation and may result in difficulty in you getting reimbursed.

As for the physical phone line, I would insist that it gets repaired but I wouldn't stress out over it not being done in a timely fashion if it doesn't affect me.
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JoeRetire
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Re: Neighbor damaged fence with heavy equipment

Post by JoeRetire »

Sprucebark wrote: Wed Jun 29, 2022 2:31 amI want to make the owner next door that damaged the fence pay for the fence repair. I suppose once I get the bill I can hand it over and try to get reimbursed?
Yes, you can try.
If the owner says no, then what?
Then you decide if you want to get your lawyer involved or not.
I don’t have a landline phone. Should I pursue getting that phone line repaired that runs to my house or forget it?
What benefit would you gain by having the phone line repaired?
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8foot7
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Re: Neighbor damaged fence with heavy equipment

Post by 8foot7 »

You won’t get any relief from authorities or lawyers having waited only seven days for the repair to be made.
I would contact the owner via phone and mail, let him know you have dogs and need the fence you own entirely that he damaged repaired to its original condition by July 30 or you will have the repairs carried out yourself and send the bill to him for reimbursement.
He may well tell you to go ahead with the repair and send him the bill anyway as it’s one less thing for him to tackle. But with the way home services and contractors are these days, one week isn’t reasonable. Last fall we needed a fence repair and it took three weeks.
dknightd
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Re: Neighbor damaged fence with heavy equipment

Post by dknightd »

You are required by law to control your dogs. So, at least do something that accomplishes that.

If you have already made arrangements with a contractor I'd follow through with that if you can not patch it up yourself. You might want to look at the general condition of the fence. Perhaps it is time to replace the whole thing? If the contractor is coming tomorrow, and can fix it same day, consider yourself lucky.

I'd pay to have it fixed. I'd give them the bill. If they balk, I'd suggest they pay for materials, you pay for labor. If you decide to replace whole fence, that is likely on you.

In addition to leaving them voice mail (it is good you have their number - keep it, might be handy in the future) I would probably put a note on the front door. Explaining you needed it fixed right away to contain your dogs.

It was an accident. New owner should take care of it. I'm not sure what is a reasonable time frame. Sorry you had this experience. Hopefully it will work out fine.

If my dogs had escaped twice in a week, I'd be doing something now to prevent that from happening again. Maybe just tacking something up for now.

I would not bother with phone line since you are not using it. If you ever did want to use it phone company might want to run a new wire in any case.

Edit: my neighbor is getting ready to sell their house. I hope it does not get turned into a rental. That could happen . . .
Last edited by dknightd on Wed Jun 29, 2022 6:54 am, edited 1 time in total.
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Mr. Rumples
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Re: Neighbor damaged fence with heavy equipment

Post by Mr. Rumples »

Fence disputes can get very nasty very fast. They need not be, but they can. Fence laws vary widely from state to state and even within a state. I'd first ensure the fence was legal and then who actually owes it. In some states, fences on a property line are jointly owned. In my jurisdiction, for example, there is a five foot set back from the property line.* In VA, again, its up to the locality if there is grandfathering of current code violations if the structure was built at the time in compliance with the code.

In VA, even in a landlord repair issue, unless it's an emergency - defined in statute, the landlord has two weeks to make a repair.

*The five foot setback is if there are not any easements or rights of way. I have both of those on my property which further limits where I can put a fence if I so choose. A good fence company will know the local laws and where the utility rights of way are.
Last edited by Mr. Rumples on Wed Jun 29, 2022 7:26 am, edited 3 times in total.
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billfromct
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Re: Neighbor damaged fence with heavy equipment

Post by billfromct »

If you have internet service, get an Ooma “box” for $100 or $200 (I don’t remember how much I originally paid) & set it up with your “land line” phone number. I think the Federal tax is $6 or so per month.

I’ve used Ooma for several years & give out my old land line, now Ooma, phone number whenever I have to provide a phone number. I never answer my Ooma phone unless I get a voicemail from someone I know.

bill
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Watty
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Re: Neighbor damaged fence with heavy equipment

Post by Watty »

Sprucebark wrote: Wed Jun 29, 2022 2:31 am I don’t have a landline phone. Should I pursue getting that phone line repaired that runs to my house or forget it?
You might call your local phone company to ask if this is even possible. In some areas you cannot get a new traditional landline hooked up. The individual copper wire system for them is expensive to maintain especially when only a small fraction of the houses in a subdivision have landlines and some phone companies are trying to phase them out.

Even if you get a phone through a "phone company" in some areas it will be a VOIP phone through through your cable or internet connection.
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Re: Neighbor damaged fence with heavy equipment

Post by Nowizard »

I'd accept that there are things you can do that you do not want to do, feel you shouldn't have to do, and move beyond your time frame and inconvenience, inform the other party of your situation, talk to him/her directly, express your wishes and that you do have to do something quickly relative to your dogs, including how you are managing the internet interruption. In short work it out from an agreement standpoint the best way to deal with an accident. If he/she balks, then you may have to move forward yourself. For example, it seems to be obvious that your company providing internet needs to be contacted and that the other party is not likely to fix that him or herself. Become more active in the solution from a positive combination of accepting the unfortunate and resolving it at this time, making additional moves based on responses.

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cockersx3
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Re: Neighbor damaged fence with heavy equipment

Post by cockersx3 »

Sprucebark wrote: Wed Jun 29, 2022 2:31 am Should I pursue getting that phone line repaired that runs to my house or forget it? The other end of the broken phone line is sticking up out of the ground on a third neighbor’s yard and would be quite an annoyance if trying to mow. If I never need a landline phone then it might not be worth pursuing to get repaired.
Can't you just call the local phone company and tell them they need to come out and fix it? You can explain the situation (neighbor hit it) and have the phone company and the neighbor duke it out, if there is a cost associated with the repair.

For what it's worth, I did this once - was digging trenches in my backyard to install a sprinkler system, and I ripped up a phone line in the process :D. (Yes, I know - should have called DigSafe. But the ditches were pretty shallow and I assumed that there wouldn't be anything through my backyard since it wasn't along a roadway and there was no easement or anything. Bad assumption in retrospect.) I called the phone company, and they sent out a guy (on a Sunday, no less!) who spliced the wires back together using an underground splicing kit he had in his truck. Took maybe 15 mins, tops, and I never got a bill for it.
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kevinf
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Re: Neighbor damaged fence with heavy equipment

Post by kevinf »

JoeRetire wrote: What benefit would you gain by having the phone line repaired?
The ability to call 911 in a power out / cell tower down situation.
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Re: Neighbor damaged fence with heavy equipment

Post by tibbitts »

cockersx3 wrote: Wed Jun 29, 2022 8:15 am
Sprucebark wrote: Wed Jun 29, 2022 2:31 am Should I pursue getting that phone line repaired that runs to my house or forget it? The other end of the broken phone line is sticking up out of the ground on a third neighbor’s yard and would be quite an annoyance if trying to mow. If I never need a landline phone then it might not be worth pursuing to get repaired.
Can't you just call the local phone company and tell them they need to come out and fix it? You can explain the situation (neighbor hit it) and have the phone company and the neighbor duke it out, if there is a cost associated with the repair.

For what it's worth, I did this once - was digging trenches in my backyard to install a sprinkler system, and I ripped up a phone line in the process :D. (Yes, I know - should have called DigSafe. But the ditches were pretty shallow and I assumed that there wouldn't be anything through my backyard since it wasn't along a roadway and there was no easement or anything. Bad assumption in retrospect.) I called the phone company, and they sent out a guy (on a Sunday, no less!) who spliced the wires back together using an underground splicing kit he had in his truck. Took maybe 15 mins, tops, and I never got a bill for it.
I wouldn't generalize from your experience of not being charged to repair a phone line due to damage from construction. I'd assume that if I called the phone company to repair a break on my property that was obviously from construction (vs. just old age, for example), I'd be charged. The story of the neighbor damaging it would sound like... a story.
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Re: Neighbor damaged fence with heavy equipment

Post by ResearchMed »

Do you have photos of the damage *and* of his equipment nearby, or better yet, of any track marks in the ground?

How much does the fence repair cost? What is the small claims court limit where you live?
If it's within the limit, this should be easy, with some evidence.

But don't expect quick repair/replacement.

We had to repair a wood fence, and the lead time was a few months. Yes, months. :annoyed
They called and it was ready about one month early.

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WillRetire
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Re: Neighbor damaged fence with heavy equipment

Post by WillRetire »

Put everything in writing to the property owner who damaged your fence and utility lines. Document the event and all subsequent conversations. Report disruption to utility companies, every one of them. Retain a lawyer the minute there is any pushback or delay from this new owner.

Did they contact Miss Utility prior to digging, and did they respect the markings? If the answer is no to either of those, they can be fined heavily. Step 1 is to report the outages.

Keep written records of expenses while you wait for everything to be fixed.

You are responsible for controlling your dogs. Take them for walks or put them on a tether while you are outside with them watching them. Follow local ordinances regarding tethers, leashes, monitoring, and all pet-owner responsibilities.

Good luck!
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Re: Neighbor damaged fence with heavy equipment

Post by WillRetire »

Keep track of your time spent on this matter. Detailed records.
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8foot7
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Re: Neighbor damaged fence with heavy equipment

Post by 8foot7 »

WillRetire wrote: Wed Jun 29, 2022 9:24 am Retain a lawyer the minute there is any pushback or delay from this new owner.

I assume you mean to be willing to pay a lawyer $500 to write a nasty demand letter. Putting a lawyer on retainer for a damaged fence seems excessive.
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Re: Neighbor damaged fence with heavy equipment

Post by Circe »

Look at your survey to see where the fence is placed in relation to the property boundary.

In my town, fences used to have to be installed 6" inside of the property line. Now due to administrative change, permits are issued for fences 1" from the boundary. Of course, if there's something in the way like boundary trees, the fence may have to be located further into the owner's property. From what I can see in my neighborhood, a lot of fences and driveways are installed without the owners and contractors being concerned about boundaries and set-backs (not good).

Call the phone company and find out if the damage has been reported. My guess is that it will be repaired with no cost but I don't know. I just see the repair crews when a branch falls or a truck or tree company hits a line. This might be different because it's on private property and caused by a specific incident.
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Re: Neighbor damaged fence with heavy equipment

Post by WillRetire »

8foot7 wrote: Wed Jun 29, 2022 9:28 am
WillRetire wrote: Wed Jun 29, 2022 9:24 am Retain a lawyer the minute there is any pushback or delay from this new owner.

I assume you mean to be willing to pay a lawyer $500 to write a nasty demand letter. Putting a lawyer on retainer for a damaged fence seems excessive.
Not just for that. Reread my post. OP is incurring other expenses & time & hassle.
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8foot7
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Re: Neighbor damaged fence with heavy equipment

Post by 8foot7 »

WillRetire wrote: Wed Jun 29, 2022 10:41 am
8foot7 wrote: Wed Jun 29, 2022 9:28 am
WillRetire wrote: Wed Jun 29, 2022 9:24 am Retain a lawyer the minute there is any pushback or delay from this new owner.

I assume you mean to be willing to pay a lawyer $500 to write a nasty demand letter. Putting a lawyer on retainer for a damaged fence seems excessive.
Not just for that. Reread my post. OP is incurring other expenses & time & hassle.
I read your post just fine. OP needs his fence fixed and the other guy needs to pay for it. The rest is noise that should be chalked up to, "stuff happens."
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Re: Neighbor damaged fence with heavy equipment

Post by Sandtrap »

Nowizard wrote: Wed Jun 29, 2022 8:08 am I'd accept that there are things you can do that you do not want to do, feel you shouldn't have to do, and move beyond your time frame and inconvenience, inform the other party of your situation, talk to him/her directly, express your wishes and that you do have to do something quickly relative to your dogs, including how you are managing the internet interruption. In short work it out from an agreement standpoint the best way to deal with an accident. If he/she balks, then you may have to move forward yourself. For example, it seems to be obvious that your company providing internet needs to be contacted and that the other party is not likely to fix that him or herself. Become more active in the solution from a positive combination of accepting the unfortunate and resolving it at this time, making additional moves based on responses.

Tim
to op:

tim's giving great actionable and substantive suggestions from a broad perspective (vs quick comments).

thanks tim

its a good idea to establish a good relationship with the other property owner and work things out mutually.
While being very clear to share your consequences that you need resolved asap.

meet the other person where the damage is
bring costco apple pie
introduce
talk
make a mutual plan
xchange cell phone numbers


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tunafish
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Re: Neighbor damaged fence with heavy equipment

Post by tunafish »

Years ago a mutual fence got taken down by a flood. The owner on the other side was an elderly gentleman who I was pretty sure was in reduced financial circumstances. At the time I was pre-retirement and so had money coming in. I asked if it would be okay if I had the fence replaced at my expense, he said yes, and so that was done.

There was not the labor and material shortages we have now so it got replaced quickly and presto the problem was gone. Stress reduced to zero.

If I were you, unless you can't afford it, I would get the fence and other stuff fixed, then send a polite note to the neighbor with a copy of any bills attached, note that you have paid them and ask for reimbursement. I would also note that speed was important due to the safety of your dogs. if you don't get a positive response, forget it.

As someone noted above, the phone company may not repair copper land lines. Verizon does not in my area even though having a copper land line is a real safety benefit in disasters as they almost always stay working. A pox on verizon and companies with similar policies.
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Sprucebark
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Re: Neighbor damaged fence with heavy equipment

Post by Sprucebark »

The internet company showed up and repaired the internet line. They had to run new wire to the junction box about 70 yards away. The new wire just sits on top of the ground and snakes across the property and then goes right through the construction zone to reach the junction box. I hope this new line doesn’t get ripped up since it’s just exposed and open. The tech said realistically it is going to be at least a year before they will come back and trench it.

No updates or progress on anything else. I haven’t heard back from the neighbor and my contractor didn’t show up either.
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Re: Neighbor damaged fence with heavy equipment

Post by Sandtrap »

Sprucebark wrote: Wed Jun 29, 2022 7:35 pm The internet company showed up and repaired the internet line. They had to run new wire to the junction box about 70 yards away. The new wire just sits on top of the ground and snakes across the property and then goes right through the construction zone to reach the junction box. I hope this new line doesn’t get ripped up since it’s just exposed and open. The tech said realistically it is going to be at least a year before they will come back and trench it.

No updates or progress on anything else. I haven’t heard back from the neighbor and my contractor didn’t show up either.
Notes:

1. Do you have your neighbor's phone number?
2. Is the neighbor living next door where you can just go over there and meet him/her?
3. Does the neighbor visit the property such that you can go over when you see him/her there?

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Sprucebark
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Re: Neighbor damaged fence with heavy equipment

Post by Sprucebark »

Sandtrap wrote: Wed Jun 29, 2022 10:00 pm
Notes:

1. Do you have your neighbor's phone number?
2. Is the neighbor living next door where you can just go over there and meet him/her?
3. Does the neighbor visit the property such that you can go over when you see him/her there?

j :D
1. I have his business card. He is a business executive. Buying distressed property and landlording is the side hustle. The phone numbers are all work / business numbers.
2. No. It’s a rehab. The previous owner destroyed the house. Everything inside is getting taken down to the studs. The new owner is going to turn it into a rental once it’s completed.
3. I haven’t seen the owner since the fence incident. Normally the owner is there every day but not anymore.
scifilover
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Re: Neighbor damaged fence with heavy equipment

Post by scifilover »

It is likely that the fence is covered by your HO Policy. Since there is clear liability on the part of the neighbor, you could report the damage to your insurance company, and after they fix the fence (less your deductible) they will subrogate against neighbor and collect the cost of the repair plus your deductible. Given lumber and labor issues, this might not get your fence fixed any sooner, or they might.....
homebuyer6426
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Re: Neighbor damaged fence with heavy equipment

Post by homebuyer6426 »

In the mean time, you can repair the fence yourself no matter your skill level, if you are healthy. All you need are some metal U-shape posts, galvanized metal mesh, some galvanized wire to tie the mesh to the posts, needle nose pliers, wire cutters, and a hammer. That will prevent your dogs from escaping that area and won't take more than an hour or two. Materials available at your local hardware store.
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Sprucebark
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Re: Neighbor damaged fence with heavy equipment

Post by Sprucebark »

homebuyer6426 wrote: Thu Jun 30, 2022 9:10 am In the mean time, you can repair the fence yourself no matter your skill level, if you are healthy. All you need are some metal U-shape posts, galvanized metal mesh, some galvanized wire to tie the mesh to the posts, needle nose pliers, wire cutters, and a hammer. That will prevent your dogs from escaping that area and won't take more than an hour or two. Materials available at your local hardware store.
That’s what I ended up doing. It looks ugly but it will keep the dogs in! I haven’t heard from the neighbor or my contractor. I’m just going to slow down and not stress about it anymore. I’ll give it some time to see where things go. At least for now the most pressing problem (dogs escaping) has been resolved.
hudson
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Re: Neighbor damaged fence with heavy equipment

Post by hudson »

I would take pictures of the damage and document all.
I'd find a way to contact the contractor/owner, by mail, text, phone, or in person...politely and humbly. I'd try to establish a working relationship with that person. If that didn't work, I'd look into small claims.
If it wasn't fixed, I'd do a patch job/workaround and wait a bit. If it's not fixed, I'll do like you are doing, hire it out.
For the landline, I'd cut it off and re-bury. I cut my landline off as high as possible on the power pole and strapped the top part to the pole. I removed the cables from my house and threw them away. Nobody cares.
For the repaired internet line which is now laying on top of the ground, I'm not sure. I've seen cable runs laying on top of the ground for years. I'd consider burying it myself; it depends. Right now is probably the best time even if you have to hire it out.
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crinkles2
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Re: Neighbor damaged fence with heavy equipment

Post by crinkles2 »

You need to notify the internet & phone company if he hasn't already - it's their asset that has been damaged.

Regarding the fence, must be hard to fix in one week but worth reminding him of his promise.
donall
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Re: Neighbor damaged fence with heavy equipment

Post by donall »

When we had a car smash through our fence, the car owner’s insurance paid for everything. Isn’t this the responsibility of the rehabber? Might be a good time to find out if the rehabber has insurance.
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Sandtrap
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Re: Neighbor damaged fence with heavy equipment

Post by Sandtrap »

Sprucebark wrote: Sat Jul 02, 2022 12:46 am
homebuyer6426 wrote: Thu Jun 30, 2022 9:10 am In the mean time, you can repair the fence yourself no matter your skill level, if you are healthy. All you need are some metal U-shape posts, galvanized metal mesh, some galvanized wire to tie the mesh to the posts, needle nose pliers, wire cutters, and a hammer. That will prevent your dogs from escaping that area and won't take more than an hour or two. Materials available at your local hardware store.
That’s what I ended up doing. It looks ugly but it will keep the dogs in! I haven’t heard from the neighbor or my contractor. I’m just going to slow down and not stress about it anymore. I’ll give it some time to see where things go. At least for now the most pressing problem (dogs escaping) has been resolved.
Also
Another idea
Tape a large note to the door of the home asking the neighbor to call you asap. thank you.

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Jeepergeo
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Re: Neighbor damaged fence with heavy equipment

Post by Jeepergeo »

The fence should have been immediately put back into at least a minimally functional state, with a full and complete repair within a month.

It does not sound like the new owner will be living in this place, just renting it out, effectively running a business. Based on the new owners lack of responsiveness, you need to address this as a business issue, not a neighbor issue. Send a demand letter via certified mail, and state clearly your expectations and note the damages you have and will incur until the fence is fixed. And start looking for your own repair contractor as most likey the new owner will ignore you.

The other underground utilities are improvements to the property and should be reapired as well. You may someday sell your place and prospective buyers might devalue your place due to lack of the hard phone line, etc.

Good luck.
sleepy06
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Re: Neighbor damaged fence with heavy equipment

Post by sleepy06 »

In our last home we had a row of trees fall in an ice storm and completely demolish a long section of the neighbor's fence. I knocked on their door in the early morning and advised as they had a dog. He put up a temp fence and eventually repaired the whole fence at his expense and would not accept my offers to pay for it. He also had a friend that was a mason repair some of our steps for free. He was a framing contractor and had his own company fix the fence one morning which I'm sure was not cheap. To be clear, I was happy to pay him then and would still be happy to reimburse fully.

I learned a lot from his goodwill. He identified it as a small issue, implemented a fix, and moved on. I have applied that principle to issues that have arisen at our home with other neighbors as the time I spent worrying/"in my head" about the issue was out of proportion to the amount of money/time to resolve the issue.
hudson
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Re: Neighbor damaged fence with heavy equipment

Post by hudson »

sleepy06 wrote: Mon Jul 04, 2022 7:58 am In our last home we had a row of trees fall in an ice storm and completely demolish a long section of the neighbor's fence. I knocked on their door in the early morning and advised as they had a dog. He put up a temp fence and eventually repaired the whole fence at his expense and would not accept my offers to pay for it. He also had a friend that was a mason repair some of our steps for free. He was a framing contractor and had his own company fix the fence one morning which I'm sure was not cheap. To be clear, I was happy to pay him then and would still be happy to reimburse fully.

I learned a lot from his goodwill. He identified it as a small issue, implemented a fix, and moved on. I have applied that principle to issues that have arisen at our home with other neighbors as the time I spent worrying/"in my head" about the issue was out of proportion to the amount of money/time to resolve the issue.
I humbly believe that trees that fall from your property onto your neighbor's fence are not your responsibility...with some exceptions.
I like your "applied principle!" I go the first and second mile with my neighbors because when I walk outside, I want to see smiles and waves rather than the opposite.
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8foot7
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Re: Neighbor damaged fence with heavy equipment

Post by 8foot7 »

hudson wrote: Mon Jul 04, 2022 8:02 am
sleepy06 wrote: Mon Jul 04, 2022 7:58 am In our last home we had a row of trees fall in an ice storm and completely demolish a long section of the neighbor's fence. I knocked on their door in the early morning and advised as they had a dog. He put up a temp fence and eventually repaired the whole fence at his expense and would not accept my offers to pay for it. He also had a friend that was a mason repair some of our steps for free. He was a framing contractor and had his own company fix the fence one morning which I'm sure was not cheap. To be clear, I was happy to pay him then and would still be happy to reimburse fully.

I learned a lot from his goodwill. He identified it as a small issue, implemented a fix, and moved on. I have applied that principle to issues that have arisen at our home with other neighbors as the time I spent worrying/"in my head" about the issue was out of proportion to the amount of money/time to resolve the issue.
I humbly believe that trees that fall from your property onto your neighbor's fence are not your responsibility...with some exceptions.
I like your "applied principle!" I go the first and second mile with my neighbors because when I walk outside, I want to see smiles and waves rather than the opposite.
The part about your trees falling on neighboring fences is generally correct.
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ResearchMed
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Re: Neighbor damaged fence with heavy equipment

Post by ResearchMed »

8foot7 wrote: Mon Jul 04, 2022 8:17 am
hudson wrote: Mon Jul 04, 2022 8:02 am
sleepy06 wrote: Mon Jul 04, 2022 7:58 am In our last home we had a row of trees fall in an ice storm and completely demolish a long section of the neighbor's fence. I knocked on their door in the early morning and advised as they had a dog. He put up a temp fence and eventually repaired the whole fence at his expense and would not accept my offers to pay for it. He also had a friend that was a mason repair some of our steps for free. He was a framing contractor and had his own company fix the fence one morning which I'm sure was not cheap. To be clear, I was happy to pay him then and would still be happy to reimburse fully.

I learned a lot from his goodwill. He identified it as a small issue, implemented a fix, and moved on. I have applied that principle to issues that have arisen at our home with other neighbors as the time I spent worrying/"in my head" about the issue was out of proportion to the amount of money/time to resolve the issue.
I humbly believe that trees that fall from your property onto your neighbor's fence are not your responsibility...with some exceptions.
I like your "applied principle!" I go the first and second mile with my neighbors because when I walk outside, I want to see smiles and waves rather than the opposite.
The part about your trees falling on neighboring fences is generally correct.

We learned something like this, from experience.

There are quite a few old trees between lots in our neighborhood. Most homes are ~100 years old.

Our neighbor's huge old tree dropped a huge old branch and wiped out two smaller - and favorite - specimen trees on our side of the fence.

We were quite surprised to learn that they would have been responsible only if they knew the tree or branch was a danger, or if we did and had notified them in writing (preferably return receipt, etc.) prior to the incident and they had done nothing, or not enough.

Anyway, now we know (at least in this jurisdiction).
Our loss, our expense.

RM
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RubyTuesday
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Re: Neighbor damaged fence with heavy equipment

Post by RubyTuesday »

I would do what you’ve done, make a temporary fix to give neighbor reasonable time to make permanent fix. If it doesn’t happen, I would pay to have it repaired. If I was still upset, I would leave a letter at the property asking for reimbursement. Probably wouldn’t do this last step as it would likely be less stressful to just eat the cost. Life’s too short.

All that said, just wondering … doesn’t the neighbor likely have insurance? Would it be possible to file a claim against his insurance?
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Sprucebark
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Re: Neighbor damaged fence with heavy equipment

Post by Sprucebark »

Final update-

I got the fence repaired. It was about $3k for everything.

The owner next door who damaged the fence seems to have gone AWOL. All work has stopped and there has been zero construction activity on the house. I think they ran out of money. I never received a response to my calls or emails.

I’m not going to pursue any legal action, or take any further action.

I tried reaching the phone company a few times to report the broken line but could never get through. I’m not going to worry about getting that phone line repaired.

The internet company is going to come out in the next two weeks to re-trench the internet cable. They came by and spray painted the ground. They are just waiting for the gas and electric to mark the lines and then they will dig. The internet company uses contractors and none of them seem to care why the line was cut so I don’t think the owner next door will face any financial claims for breaking the internet line without getting utility markers first.
nydoc
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Re: Neighbor damaged fence with heavy equipment

Post by nydoc »

Now put a lien on neighbors property for unpaid work.
Circe
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Re: Neighbor damaged fence with heavy equipment (Resolved)

Post by Circe »

If it's definitely your fence (determined by survey and permits), submit the claim to your insurance carrier. They'll take it from there (and won't charge you extra because it was caused by your neighbor). They'll need repair invoice, photos and survey (from when you purchased the property) and permit if available.
marcopolo
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Re: Neighbor damaged fence with heavy equipment

Post by marcopolo »

Sprucebark wrote: Sat Aug 06, 2022 7:33 pm Final update-

I got the fence repaired. It was about $3k for everything.

The owner next door who damaged the fence seems to have gone AWOL. All work has stopped and there has been zero construction activity on the house. I think they ran out of money. I never received a response to my calls or emails.

I’m not going to pursue any legal action, or take any further action.

I tried reaching the phone company a few times to report the broken line but could never get through. I’m not going to worry about getting that phone line repaired.

The internet company is going to come out in the next two weeks to re-trench the internet cable. They came by and spray painted the ground. They are just waiting for the gas and electric to mark the lines and then they will dig. The internet company uses contractors and none of them seem to care why the line was cut so I don’t think the owner next door will face any financial claims for breaking the internet line without getting utility markers first.
Are all these companies doing this work for free to restore your service, or are you possibly going to get hit with some big charges after the repair work is done?
Once in a while you get shown the light, in the strangest of places if you look at it right.
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8foot7
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Re: Neighbor damaged fence with heavy equipment (Resolved)

Post by 8foot7 »

Circe wrote: Sun Aug 07, 2022 11:47 am If it's definitely your fence (determined by survey and permits), submit the claim to your insurance carrier. They'll take it from there (and won't charge you extra because it was caused by your neighbor). They'll need repair invoice, photos and survey (from when you purchased the property) and permit if available.
This. I simply would not accept a $3,000 expense caused by someone else without negligence on my part without holding them accountable. I might never get paid all of what I’m out, but I’m sure not letting a non-resident owner just skate on thousands of dollars worth of damage without trying some paths of little resistance to at least get partially reimbursed.

The lien idea is good as well but I’d want to make sure an attorney did that.
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Cubicle
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Re: Neighbor damaged fence with heavy equipment (Resolved)

Post by Cubicle »

Sprucebark wrote: Wed Jun 29, 2022 2:31 amEdit 2- issue has been resolved. I paid. Neighbor vanished.
Oh come on! I need more story here... Spill it.
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cubs1999
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Re: Neighbor damaged fence with heavy equipment (Resolved)

Post by cubs1999 »

8foot7 wrote: Sun Aug 07, 2022 1:09 pm
Circe wrote: Sun Aug 07, 2022 11:47 am If it's definitely your fence (determined by survey and permits), submit the claim to your insurance carrier. They'll take it from there (and won't charge you extra because it was caused by your neighbor). They'll need repair invoice, photos and survey (from when you purchased the property) and permit if available.
This. I simply would not accept a $3,000 expense caused by someone else without negligence on my part without holding them accountable. I might never get paid all of what I’m out, but I’m sure not letting a non-resident owner just skate on thousands of dollars worth of damage without trying some paths of little resistance to at least get partially reimbursed.

The lien idea is good as well but I’d want to make sure an attorney did that.
Yes. I agree with filing a claim with your insurance and they ll go after the neighbor.
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