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  1. #1
    Demetrys is offline Junior Member
    Join Date
    Dec 2007
    Location
    South Carolina
    Posts
    1

    Neighbor blowing leaves on our property among other things

    South Carolina
    Our neighbor wanted us to contribute in the beautification of a natural tributary (which the builder had designed and H.O.A. had approved but our neighbor was not satisfied with the original design) He simply wanted to straighten out the "creek bed" and put in rocks to make it "beautiful" and wanted us to go in 1/2 with him (Mind you this is on our property) My husband and I declined because we had not researched to determine if this was an option from an environment standpoint. This started the beginning of the "nuisance neighbor" He sent us emails stating that this would be the "Hatfield’s and McCoy’s" since we would not entertain his offer and we refused to respond. We contacted the H.O.A. to make sure we were within our rights and there is nothing in the C&Rs to address this. Now we find he blows his leaves EVERYDAY and have noticed in the creek a line of his deposit of leaves which mind you is about 3 feet high. I have taken a picture of him actually doing this and I feel he is trying to incite us with some type of confrontation. I'm actually embarrassed to have to go to the sheriff department to put something on file but it appears this may be the best way to deal with his irrational behavior. What legal rights, or what avenue should we pursue since with his erratic behavior we don't want to confront him?
  2. #2
    LindaP777 is offline Senior Member
    Join Date
    Oct 2005
    Location
    Ohio (southwest)
    Posts
    2,319
    Is the creek (with the leaves) in his yard or yours? Is the water flow being impeded (backing up)?
  3. #3
    lawstud is offline Member
    Join Date
    Dec 2007
    Posts
    54
    I'd inform him that he his encroaching on your land and any encroachment means you could sue him, he would then have to pay you damages, the cost of cleaning it up his attempt to put a bunch of stones on your land or leaves. So warn him you're going to have to hire someone who he will have to pay to clean up this mess. Basically you'd hire to clean it up, and then show in small claims the damages and then the judge will get you you're money back.

    Caution, if you have leaves coming down on his property then visa versa.

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