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.
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.