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  1. #1
    GJRep is offline Junior Member
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    Neighbor's disregard for our property (damage and trespass)

    What is the name of your state?What is the name of your state? NJ

    This is a rather long story, so any advice and/or suggestions would be most appreciated.

    This past summer, a neighbor of 2 years had an inground pool and extensive landscaping installed in their adjacent backyard. In the process, our property was damagaed. The neighbor verbally promised to correct the matter (and we have this on audio tape since he left several messages on our answering machine to that effect). The repairs were done, but our property was not corrected to its previous state. In fact, it was a piss poor job done at that. The neighbor stated that his obligation was finished, and as a result, we forbade them to enter our property for any reason. No trespassing, in other words. Part of their construction involved installing a wood fence, and they wanted to stain the outside of the fence. We were not amenable to that. The neighbor proceeded to trespass in order to do so, and I called the police. He lied to the police, saying that someone he spoke to from the township (he could not produce a name), gave him permission to access my property in order to maintain his fence. The police advised him to request a letter from the township stating such in order to continue on. He could not procure any such letter. Instead, I came home the other day to find this: the neighbor had located the property boundary monuments, drove a stake directly behind each, and ran a length of twine between both. This, according to him, dilineated the property line. They proceeded to try and stand on a 6-8" wide strip of their property directly in front of the fence (the distance they set the fence back from the property line) and stain away. I called the police once again. They were of little help, as they did nothing to stop this from going on. In addition, as a direct result of the neighbors' construction project, our property now floods massively near the property line with any appreciable rainfall. I have contacted the local planning office with regard to this and am awaiting word from them. I have also come to find out that these neighbors are actively spreading word around the neighborhood of the situation, making us out to be the sole source of the problem and sullying our good name.

    What recourse (if any) do we have in this sordid situation? I have been given the option to file a complaint on both calls to the police for the incidents, but feel that is not enough. We want our property to be returned to the way it was prior to construction, and also possibly be compensated for mental anguish from having to deal with this situation for the past 4-5 months.

    Thanks!
  2. #2
    BelizeBreeze is offline Senior Member
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    Sue them for tresspass and destruction of private property AFTER you get a current survey.
  3. #3
    GJRep is offline Junior Member
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    Quote Originally Posted by BelizeBreeze
    Sue them for tresspass and destruction of private property AFTER you get a current survey.
    Ok. Now this might be a stupid question, but who do I contact for the survey? The township?

    I've also been advised that I am supposed to go after the contractor (a pool company) in this case, who actually subcontracted some of the work out for the job. Is that correct? Is the neighbor basically absolved of any part in the actual damage of the property?
  4. #4
    PghREA is offline Senior Member
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    Quote Originally Posted by GJRep
    Ok. Now this might be a stupid question, but who do I contact for the survey? The township?

    I've also been advised that I am supposed to go after the contractor (a pool company) in this case, who actually subcontracted some of the work out for the job. Is that correct? Is the neighbor basically absolved of any part in the actual damage of the property?

    Look in the yellow pages of your local phone book under "Surveyors".

    The neighbor hired the pool contractor so basically the neighbor is responsible. If the pool company or its sub-contractors did not do the restoration job right, then the neighbor needs to contact them. If you have to sue, sue everyone involved.
  5. #5
    GJRep is offline Junior Member
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    Quote Originally Posted by PghREA
    Look in the yellow pages of your local phone book under "Surveyors".

    The neighbor hired the pool contractor so basically the neighbor is responsible. If the pool company or its sub-contractors did not do the restoration job right, then the neighbor needs to contact them. If you have to sue, sue everyone involved.

    Thanks for the tip. The neighbor has tried to tell me that he is not liable at all, that I would have to pursue the contractor(s) involved to remedy the situation. It comes across almost as if he's smug in the fact that I can't do anything at all to him personally, even though he is the one who contracted with the others invoved to do the job. It's frustrating and aggravating, to say the least....

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