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ddedly

Junior Member
This story takes place in an incorporated "city" in the State of New Mexico, USA.

A new home has recently been constructed on the lot adjoining mine replacing and older, smaller structure. This construction falls within legal zoning as far as I can tell but it is a large home on a smaller lot, right up to the side setbacks (about 5 feet). There are two fences separating the two properties, a short chain-link on their side (the original common fence) and a taller (but legal) cedar-slat fence installed (years back) just inside our property line.

During construction I noticed that their foundation level rose at least a foot above sidewalk/lot level. The neighborhood is completely flat although some of the older homes (like mine) have crawlspaces beneath with window entrances near ground level.

As construction neared completion they built up a clayish soil fill alongside their home between their foundation and the fences. This effectively raises their lot at least a foot above mine along the complete length of the property (over a hundred feet), tapering down to sidewalk level at the front and back. They constructed no soil retention measures, they just filled it in with a Bobcat.

Welcome spring rains. Now I have clay washing onto my property and killing my lawn. Also, because of their single, high-gable roof I am now collecting half of their entire improved-property water run-off alongside my house, endangering my basement/crawlspace to flooding.

What are my options here?

Do I have to pay to construct a wall to keep floodwaters and sediment OUT of my property?

Is the city at least partially responsible for this problem because they issued (and approved) a building permit for this construction without requiring soil retention measures?

This problem did not occur with the structure that was replaced. It existed at the same level and their yard was at the same level as everyone else's BEFORE this new construction.

Additionally, they have mounted high-wattage lights around the outside of their structure, above the six-foot fence and aimed straight into ALL the windows along that side of our home. I don't really understand why, they have no yard left to look at after max-ing the lot for construction. These lights are left burning 24/7 and throw strong shadows across our property throughout each night.

What are my chances of getting a variance to construct a wall to replace the two fences? Maybe an 8-footer, 2 feet taller than allowed to block some of the light pollution?

I'd like to know some of my legal options before I pursue the illegal ones.

Yours truly,
Psychotic & Too Well-Armed
 


John Se

Member
have you even talked to your neighbors?

have you even talked to your neighbors? You know alot of people are very reasonable and want to get along with their neighbors.
 
S

shell007

Guest
ddedly said:
This story takes place in an incorporated "city" in the State of New Mexico, USA.

A new home has recently been constructed on the lot adjoining mine replacing and older, smaller structure. This construction falls within legal zoning as far as I can tell but it is a large home on a smaller lot, right up to the side setbacks (about 5 feet). There are two fences separating the two properties, a short chain-link on their side (the original common fence) and a taller (but legal) cedar-slat fence installed (years back) just inside our property line.

During construction I noticed that their foundation level rose at least a foot above sidewalk/lot level. The neighborhood is completely flat although some of the older homes (like mine) have crawlspaces beneath with window entrances near ground level.

As construction neared completion they built up a clayish soil fill alongside their home between their foundation and the fences. This effectively raises their lot at least a foot above mine along the complete length of the property (over a hundred feet), tapering down to sidewalk level at the front and back. They constructed no soil retention measures, they just filled it in with a Bobcat.

Welcome spring rains. Now I have clay washing onto my property and killing my lawn. Also, because of their single, high-gable roof I am now collecting half of their entire improved-property water run-off alongside my house, endangering my basement/crawlspace to flooding.

What are my options here?

Do I have to pay to construct a wall to keep floodwaters and sediment OUT of my property?

Is the city at least partially responsible for this problem because they issued (and approved) a building permit for this construction without requiring soil retention measures?

This problem did not occur with the structure that was replaced. It existed at the same level and their yard was at the same level as everyone else's BEFORE this new construction.

Additionally, they have mounted high-wattage lights around the outside of their structure, above the six-foot fence and aimed straight into ALL the windows along that side of our home. I don't really understand why, they have no yard left to look at after max-ing the lot for construction. These lights are left burning 24/7 and throw strong shadows across our property throughout each night.

What are my chances of getting a variance to construct a wall to replace the two fences? Maybe an 8-footer, 2 feet taller than allowed to block some of the light pollution?

I'd like to know some of my legal options before I pursue the illegal ones.

Yours truly,
Psychotic & Too Well-Armed
Sounds like the land was not graded properly. As long as the neighbors have not placed/put anything to interfere with drainage easements, they are well within their rights to do any landscaping they want with their yard (dirt mounds and all).

As for the bright lights....as long as they (the lights) are on their property...they can put them and aim them wherever they want.

Have you contacted the local city or county offices to check into any of this?
 

ddedly

Junior Member
She's A Horrible, Moronic Little Woman

The original neighbors were great. An older lady and her grown son. Nice enough, no noise, no bother. Then the woman died and the house apparently went to her sister. The house is vacant for a little while and then the sister shows up to do "yard work". She clears the trash that they don't burn and piles it up in the alley. Behind MY property mind you, not hers. She shows up every four or five months and does the same thing. This goes on for years. The house falls into disrepair. We build a fence in fear of the couple with 27 children that she says are moving in "any day". Weeds are six feet tall. The house apparently becomes vandalized.

Then one day I wake up to find guys pulling out fixtures and furniture. I take a snap, you know, of the people robbing my neighbor's house. One of the guys comes over to inform me that his mother is "tearing the house down". We feared a single-wide mobile home would replace the structure, for the lot is rather small compared to others in the neighborhood.

To our great joy we find out that she's actually planning a site-built home. Then come the non-stop parade of construction workers, a different crew every week. There's no supervision by anyone, apparently, so the guys drive their equipment onto our property, throw their trash everywhere except a barrel, blocking our driveway for hours, etc. I even had to kick a fat guy off my garage roof during demolition of their old carriage house.

We haven't seen the owner since construction began or I would ask her what she thinks about the drainage problem she created for me.

The only words she's ever spoken to us were to constantly ask to borrow "de hose" when she was here molesting her landscaping.

I'm sure she's an important and vital individual to someone but she's never exhibited anything except stupidity and impoliteness to us. Plus, only about 15% of the county speaks or reads or writes ANY English at all so talking to the contractors is a game of hand signals, nodding and lots of "oh jess"-es.

Yes, I believe hell is closer to the Mexican border than the Canadian.
 
S

shell007

Guest
ddedly said:
The original neighbors were great. An older lady and her grown son. Nice enough, no noise, no bother. Then the woman died and the house apparently went to her sister. The house is vacant for a little while and then the sister shows up to do "yard work". She clears the trash that they don't burn and piles it up in the alley. Behind MY property mind you, not hers. She shows up every four or five months and does the same thing. This goes on for years. The house falls into disrepair. We build a fence in fear of the couple with 27 children that she says are moving in "any day". Weeds are six feet tall. The house apparently becomes vandalized.

Then one day I wake up to find guys pulling out fixtures and furniture. I take a snap, you know, of the people robbing my neighbor's house. One of the guys comes over to inform me that his mother is "tearing the house down". We feared a single-wide mobile home would replace the structure, for the lot is rather small compared to others in the neighborhood.

To our great joy we find out that she's actually planning a site-built home. Then come the non-stop parade of construction workers, a different crew every week. There's no supervision by anyone, apparently, so the guys drive their equipment onto our property, throw their trash everywhere except a barrel, blocking our driveway for hours, etc. I even had to kick a fat guy off my garage roof during demolition of their old carriage house.

We haven't seen the owner since construction began or I would ask her what she thinks about the drainage problem she created for me.

The only words she's ever spoken to us were to constantly ask to borrow "de hose" when she was here molesting her landscaping.

I'm sure she's an important and vital individual to someone but she's never exhibited anything except stupidity and impoliteness to us. Plus, only about 15% of the county speaks or reads or writes ANY English at all so talking to the contractors is a game of hand signals, nodding and lots of "oh jess"-es.

Yes, I believe hell is closer to the Mexican border than the Canadian.
Bottom line: YOU are going to have to prove that whatever she did was against deed restrictions. If not...live with it or move.

You can pick your friends, but you can't pick your neighbors.

As for YOU doing something illegal...DON'T.
 

divgradcurl

Senior Member
Go talk with an attorney. Contrary to other's advise, your neighbor cannot just do whatever she wants with her landscaping -- if she is overburdening any existing drainage easements, or it otherwise causing serious change to runoff into your yard, there may be legal avenues you can take. There probably isn't much you can do about the lights, unless they are in violation of some local ordinance. If your neighbor won't work with you, talk to a local attorney, who can review all of the facts of your situation and advise you accordingly.
 

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