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Land access request for putting in a pool.

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tweaked

Junior Member
I live in Fort Myers, Florida. I recently purchased a townhome and my wife and I are trying to have an in-ground pool built in our backyard. We have permission from the neighbors on the other side of our duplex, we have permits approved by the city, and official approval from the home owners association. However, our neighbor in the building next to us is giving us a problem by not wanting to sign an access agreement to allow us to bring equipment in between our two properties. The space is very limited and requires us to access probably 2-3 feet of grass on his property in order to get the equipment to our back yard. We have an access agreement drawn up by our pool contractors stating that we are agreeing to pay for any and all damage done to his property, should there be any, and are agreeing to bring in fill dirt and re-sod all areas that are damaged in the process.

Our neighbors lives up north and is only here maybe a month or two out of the year. Upon sending him the request, he replies stating that he has a pre-existing issue with standing water in his yard and is concerned that if we install a pool on our property, it will increase the standing water in his yard after heavy rainfall. This should not be the case, or the city would have denied our permits after they came out and surveyed the property. I think he is just being difficult. We have revised the access agreement to say that the city has approved the permits and says that there should be no issue caused to his property as a result of our pool being installed. The neighbors keeps dragging this out and I am unable to reach him at this time (called, left messages, emailed multiple times, etc. with no response). If he ends up not signing the agreement, what legal action can I take to get this done. I find it hard to believe that this guy can basically control what I do on my property. Please advise.
 


tranquility

Senior Member
I find it hard to believe that this guy can basically control what I do on my property.
It is this attitude which is the problem. He's sitting in his kitchen saying "tweaked thinks he can do whatever he wants with MY property". Of the two of you, he's the one who is far more correct.

You can put in a pool without trespassing on his property. It would cost a lot more, but you can do it. But, you are the one who wants to use his property so that the large equipment you want can come in and dig a hole more cheaply than a handful of workers taking a few weeks to do so. As zigner said, maybe money would help.

The bottom line is the land is the neighbor's to do with as he wants. He does not want to let you trespass. It does not matter if he is afraid of the damage you will do, or might do, or may have thought about doing when you gave him a one-fingered salute last week. He has possession. Make him want to loan a little possession to you for a short time because you are sure enough ARE NOT going to legally force him.
 

justalayman

Senior Member
. If he ends up not signing the agreement, what legal action can I take to get this done. I find it hard to believe that this guy can basically control what I do on my property.
yet you want to control what he does with his property. You have no legal recourse. As Zigner suggested; offer to pay him for the use.
 

tweaked

Junior Member
I guaranteed to make everything exactly as it was pre-construction, if not better. The guy wants me to fix HIS pre-existing drainage issue in HIS yard before he will allow me to access the grass in between our houses. The guy is never here. Our pool contractors have a million dollar insurance policy. I made my decision tonight though... screw this guy, I''ll be ripping up my whole sidewalk (pavers), trees, and landscaping, and that will give us the space we need. He can then take his pre-existing issue and shove it!

Ohh... and he even extended his back porch last year. Funny how he didn't mind doing that with his drainage problem back there.
 

tranquility

Senior Member
I guaranteed to make everything exactly as it was pre-construction, if not better. The guy wants me to fix HIS pre-existing drainage issue in HIS yard before he will allow me to access the grass in between our houses. The guy is never here. Our pool contractors have a million dollar insurance policy. I made my decision tonight though... screw this guy, I''ll be ripping up my whole sidewalk (pavers), trees, and landscaping, and that will give us the space we need. He can then take his pre-existing issue and shove it!

Ohh... and he even extended his back porch last year. Funny how he didn't mind doing that with his drainage problem back there.
Rather than trying to negotiate with a neighbor, the OP chooses a burned ground approach. I don't know which neighbor is the problem, but I know which one I suspect. Doesn't anyone bring "extra" cookies to their neighbors anymore?
 
I guaranteed to make everything exactly as it was pre-construction, if not better. The guy wants me to fix HIS pre-existing drainage issue in HIS yard before he will allow me to access the grass in between our houses. The guy is never here. Our pool contractors have a million dollar insurance policy. I made my decision tonight though... screw this guy, I''ll be ripping up my whole sidewalk (pavers), trees, and landscaping, and that will give us the space we need. He can then take his pre-existing issue and shove it!

Ohh... and he even extended his back porch last year. Funny how he didn't mind doing that with his drainage problem back there.
Is widdle tweakums having a tantwum?
 

tweaked

Junior Member
Rather than trying to negotiate with a neighbor, the OP chooses a burned ground approach. I don't know which neighbor is the problem, but I know which one I suspect. Doesn't anyone bring "extra" cookies to their neighbors anymore?
Yea, I wonder which one is the problem too... Let's see here:

I buy the house next to him 5 months ago. When he comes down, my wife and I walk over, introduce ourselves and exchange friendly "hello's". Seeing that they were an elderly couple, I kindly offer them any help they may need when they are either here or away, and let them know that I'm always next door if they need anything at all.

Fast forward to now, I get a pool contractor, get all my paperwork, permits, etc. I leave this "access agreement" until last, saying "He's a nice guy and likes us, so this shouldn't be a problem at all." BAM, he will not sign the papers because he wants something for free. He wants me (or "anyone," he says) to fix his PRE-EXISTING drainage issue, which is in his BACK yard, when I am requesting to use 2 ft of his SIDE yard.

You tell me who the "problem neighbor" is?
 

Zigner

Senior Member, Non-Attorney
In all fairness, the OP DID come up with a solution that is satisfactory to all involved. The OP is keeping to his own property and not trespassing on the neighbor ;)
 

drewguy

Member
As others have said, offer some money as "rent". If you don't want to do that, and you don't expect him to be there during the construction, you can always trespass and wait for him to claim damages. That may be more expensive in a variety of ways and is, of course, against the law.
 

tweaked

Junior Member
We offered this guy to improve the drainage area between our two properties... At very least, we guarantee putting it back exactly the way it is (pre-contruction).

Maybe I was raised differently or something, but I don't see ANY issue with what we proposed to this guy. Naturally, some of you are just looking for something to say I'm in the wrong here (which is sort of what I expected when asking on this forum).

If you were in this guys situation, to where you are never here (once per year for maybe a month, if that), and someone asks to access two feet of your grass for the purpose of installing a pool on their property, what would you say? If they offer to put the grass (and ANYTHING else that may be damaged or altered in the process back in a better condition, or at least the same condition as it was), and you have a problem with that, then you are what I call a bad neighbor. When it comes down to it, how is it harming him? It isn't.. not in any way, shape, or form. There is a word for such a difficult person to deal with, it starts with an A, and ends with a hole.

I just look forward to the day where he needs a favor or has a request of me.
 

tweaked

Junior Member
As others have said, offer some money as "rent". If you don't want to do that, and you don't expect him to be there during the construction, you can always trespass and wait for him to claim damages. That may be more expensive in a variety of ways and is, of course, against the law.
The only thing the guy wants is to have is pre-existing problem in his backyard fixed. That's all he is interested in. He's a typical "want something for nothing" kind of person. He is even calling our HOA complaining and asking them how they could approve me getting a pool when he has a standing water issue in his backyard after a heavy rainfall. That isn't my problem, it's his.

Regardless, I've made arrangements to have our pool installed without needing this guys permission or land. What goes around comes around. Karma will catch up with the guy.
 

drewguy

Member
Tweaked - I think that you're not seeing the difference between being a good neighbor and what someone's legal rights are. Legally your neighbor can deny you the access you seek for any reason he wants. Maybe he has none, maybe he's a jerk, maybe he's concerned that you'll do damage but not really fix it correctly because you're cheap, or just that he'll have to wait for the fixes and look at a messed up yard for the one month he's actually there.

Having dealt with contractors I've hired myself and paid myself, they rarely do the job 100% correctly without multiple requests and on-site guidance. The only question with contractors is whether they'll do it 95% correctly or 75% correctly, or so badly you've just been ripped off. Since he's getting no benefit out of this (just coming out the same at best) one can see why he has caution.

Now, is he being a "good" neighbor? Not really--he certainly could be more accommodating than he is, and what you say his response has been suggests he's trying to hold you up. I, at least, can understand your frustration (having dealt with a situation that's not very different).

But legally he's got a right to deny you access. So your challenge is to come up with solutions that will convince him to give you that access. Money is a starting point--why don't you offer to (a) fix everything up and (b) $1000 just for his troubles, or so he can fix his drainage problem or at least have some money to put towards it. Meanwhile ask your contractor what it will take to get the equipment in to build the pool without encroaching on his property. That difference is ultimately what you're going to need to offer up to your neighbor if he holds out.
 

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