What is the name of your state? CA.
Hello,
I have a relatively small, but annoying dispute with our neighbor.
Late last year, we got a knock on our door from a man who introduced himself as the "owner" of the property bordering half of the back of our lot. (this lot had a large home being built, nearing the end of the construction process). He said he wanted to put a new fence up, and wanted to know if we wanted to share the cost. At the time, I initially said I wasn't sure. We talked some more. I asked him about his family and introduced my family to him. He did seem a bit guarded about talking about his family and when I asked him when he was going to move in, he never answered the question. I figured maybe he was just private about those things. I said, I was looking forward to being neighbors and that I was sure we could work something out. I told him to contact me when he got the quote for the fence and then I could decide whether to split it with him. (he had already had new fences put in on the side property lines). I found out later, that he also talked with two other neighbors who also bordered the back of his property line. They also thought he represented himself as a neighbor to be.
About a month later, he contacted me with the quote and I verbally agreed to split it with him (still believing he was to be our neighbor). The fence got built shortly thereafter, but he never came back for the money. So I decided the good thing to do was to go give him the check. However, when I walked around to the front of his property, I saw that there was a "for sale" sign, and that a staging company was setting up furniture inside.
This disturbed me. So I did some checking. It turns out that the property bill doesn't get sent to him, and in fact, there was no legal record of him being owner of the property that I could find. So I called the listing agent for the property, and she stated that this man was a "co-investor" in the property with the couple that the property tax bill went to(whose address was 500 miles away from the property). It isn't until March 10, 2006 that his name appears on the records for the property, when he and the other owners took out a $200K mortgage together on the property (very close to the date of putting the home on the market).
The sale of the home is now pending ($2.2M list price), and he has now contacted us for our portion of the fence cost. He claims in the letter to us that his plans changed and that he got a new job and that this forced him to move and not live in the property (which he claims he originally planned to do). I, however, suspect that he never intended to move into the property (thinking back on our initial conversation and with the "co-investor" arrangement). It would of course be very hard to prove one way or the other?
What should I do? I really don't want to pay HIM the money for the fence as I feel he purposefully misrepresented himself as the owner (mentioning nothing about co-investors), and implied that he was to be our neighbor. I'd rather pay the new owners of the property as they more than paid for the fence in their purchase price.
Is it important that I respond in writing to his letter, stating my concerns about his misrepresentation? Is it important to do something before the sale completes?
Thanks for your advice.
Niels
Hello,
I have a relatively small, but annoying dispute with our neighbor.
Late last year, we got a knock on our door from a man who introduced himself as the "owner" of the property bordering half of the back of our lot. (this lot had a large home being built, nearing the end of the construction process). He said he wanted to put a new fence up, and wanted to know if we wanted to share the cost. At the time, I initially said I wasn't sure. We talked some more. I asked him about his family and introduced my family to him. He did seem a bit guarded about talking about his family and when I asked him when he was going to move in, he never answered the question. I figured maybe he was just private about those things. I said, I was looking forward to being neighbors and that I was sure we could work something out. I told him to contact me when he got the quote for the fence and then I could decide whether to split it with him. (he had already had new fences put in on the side property lines). I found out later, that he also talked with two other neighbors who also bordered the back of his property line. They also thought he represented himself as a neighbor to be.
About a month later, he contacted me with the quote and I verbally agreed to split it with him (still believing he was to be our neighbor). The fence got built shortly thereafter, but he never came back for the money. So I decided the good thing to do was to go give him the check. However, when I walked around to the front of his property, I saw that there was a "for sale" sign, and that a staging company was setting up furniture inside.
This disturbed me. So I did some checking. It turns out that the property bill doesn't get sent to him, and in fact, there was no legal record of him being owner of the property that I could find. So I called the listing agent for the property, and she stated that this man was a "co-investor" in the property with the couple that the property tax bill went to(whose address was 500 miles away from the property). It isn't until March 10, 2006 that his name appears on the records for the property, when he and the other owners took out a $200K mortgage together on the property (very close to the date of putting the home on the market).
The sale of the home is now pending ($2.2M list price), and he has now contacted us for our portion of the fence cost. He claims in the letter to us that his plans changed and that he got a new job and that this forced him to move and not live in the property (which he claims he originally planned to do). I, however, suspect that he never intended to move into the property (thinking back on our initial conversation and with the "co-investor" arrangement). It would of course be very hard to prove one way or the other?
What should I do? I really don't want to pay HIM the money for the fence as I feel he purposefully misrepresented himself as the owner (mentioning nothing about co-investors), and implied that he was to be our neighbor. I'd rather pay the new owners of the property as they more than paid for the fence in their purchase price.
Is it important that I respond in writing to his letter, stating my concerns about his misrepresentation? Is it important to do something before the sale completes?
Thanks for your advice.
Niels