In my last report on the conflict with our Neighbor From Hell behind us, the one who refused to let us move his shed off our property so that we could reclaim our 46" strip of land, I announced that we were having our lawyer draft a letter announcing our intent to file suit if he did not move his shed.
When we finally saw a draft of the letter, we were not happy with it, for a couple of reasons: First, it gave the neighbor until December 1 to move the shed. We didn't see any point in giving him that long, as he was either going to let us move it or not. If we didn't file suit until December 1, who knows how long the whole case would take to be resolved. Second, there was the teeny-tiny problem that the lawyer's draft was addressed to MY name at the NEIGHBOR FROM HELL'S address. Yikes!! Lucky for us, our mailman caught the mistake and delivered it to us at our address. Otherwise it could've been a bit embarrassing. Or--who knows?--maybe a shrewd tactical move. But I'm glad I didn't have to find out if it backfired.
So Jonathan was none too pleased with our lawyer (sending drafts of documents in a lawsuit mistakenly to the defendant doesn't seem like a smart strategy). He spoke with him the next day and told him that we wanted to change the letter to give the neighbor a much shorter deadline. Jon then asked, innocently, "what if we just go ahead and move the shed right now and wait for HIM to sue US?" This caused no small amount of agitation on our lawyer's part. He is normally the perfect stereotype of a proper, staid, and subdued lawyer. But at Jonathan's question he started sputtering and squawking and told us under no uncertain terms that such a stunt would be A Very Stupid Thing to Do, as there would be an excellent chance that the Neighbor From Hell could claim we had caused all sorts of damage to his property and win significant monetary damages. (We didn't even tell our lawyer that our Plan B was the excellent suggestion made by one of my Piano World buddies, who wrote me an email that said simply, "Two words: Shed fire." Good thing, too; I think it would've given him a stroke.) Our lawyer then begged us to come in for a meeting with him and the real estate law expert from the firm.
At this point, Jonathan lost what limited patience he has for the legal profession. He could see the future, and it was one long grim year--or more--of meetings with lawyers billed at $250 an hour and endless legal wrangling. And he just didn't have the stomach for it.
So then, on his own initiative, Jonathan called the Neighbor From Hell up, told him point blank that if we sued, we would win, but that we wanted to avoid the time and hassle of a long legal fight. He also said that we would much prefer not to have an adversarial relationship with our neighbors.
Then he offered the N.F.H. $1000 if he let us move his shed and relocate his hydrangea bushes for him, as compensation for the inconvenience.
Yeah, I know. It sticks in my craw, too, to reinforce jerkish behavior. But after getting over my strong initial revulsion at the prospect of paying the N.F.H. off, I have to concede that I think my hubby is an extremely wise person. Assuming the N.F.H. does not weasel out of this bargain, this is probably the quickest, least expensive, and best all-around solution we could've hoped for given his initial refusal to do the right thing. Yes, we would've won a lawsuit. But it would be a long, drawn-out process that would end up costing a heckuva lot more than $1000 (and our lawyer was not at all optimistic that we would be awarded legal fees if we won). And I really wasn't relishing the idea of living right next to a guy whom we had to sue and would no doubt henceforth hate our guts and become bent on revenge. Peaceful relations with one's neighbors is worth holding one's nose and making the best of a bad situation, I think.
But when Jonathan told me that he was thinking about simply removing the fence and moving the shed, but NOT putting up a new fence--maybe planting tall grasses as border instead--I drew a line in the sand and said No Frigging Way. If we're going to all this trouble, by God we're going to move the fence, and we're going to put it half an inch away from our property line.
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2 comments:
Okay, I found your blog because I googled, "shed neighbor". I am having a huge problem myself with a neighbor who wants to put a shed up against our property line with him. Back to your story (I only read this one post)...can't you just dismantle the shed and dispose of it? And anything inside of it, just dump on his property? Do it while he's not home. He would have to PROVE that you caused damage to his junk in the shed, and there is no way to prove it. In fact, there is no way for him to prove you did it. Just claim ignorance "Gee, I don't know how that happened" and don't talk to him at all. Let him get the attorney to sue you. Before I did any of this, I would get my property surveyed and make sure you know exactly where the property lines are, just so you are absolutely right. I guess I just don't get how he can have his shed on your property. Sounds like encroachment, big time! Oh, and remember, you will never get along with this person (I know I won't with my stupid shed neighbor), so just look out for you and your family. Don't give this jerk a dime! Hang in there. Signed, P.O.-ed Mom at my own Jerky Shed Neighbor
Hey, Mama-mita, I just noticed your comment. :) I am the stubborn type and personally would've preferred to take your approach. My hubby is more of a practical business man and argued that we needed to come up with a way that would de-escalate the situation and let the neighbor save face. I have to admit he was right in the long run. The neighbor cheerfully has let us do all the moving etc. and is actually quite friendly when we see him. In the long run, that's worth the thousand bucks.
Good luck with your situation. I would check with your city clerk or building permit office; many areas have easement restrictions that limit how close to a property line you can place a free-standing structure. But you have my sympathy... conflicts with neighbors are NO FUN. :(
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