Various Neighbor Problems

Various Neighbor Problems
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What is the name of your state? Texas

Hello. I live outside the city limits (no neighborhood association) and have a couple of problems concerning an angry new neighbor:

1. He cut my gas lines because he "doesn't want gas meters in front of [his] property." Gas meters are located in pairs on county property here, so my gas line runs under the front portion of his property. The fire and sheriff_s departments showed up and an officer asked him to fix it, so he did. The following day he posted a sign declaring that he would be cutting the gas lines and removing the meters, and that if anyone has anything to say about it to call the gas company. You should know, I don't think there is an easement for the gas line. I have searched the deed records and can't find anything. The meters have been there since 1982, and I searched that far back. However, when we moved in several years ago, we asked to have the meter moved to the front of our property and the gas company told us that it has to remain where it is. I can't seem to resolve this. He doesn't want the line under his property (that's reasonable) and the gas company won't move it.

2. He has a locked gate and fence on county property across the front of his property, and thus has locked in the gas meters.

3. He has no utilities, and because the power company issues addresses when electric meters are installed, he has no address. Therefore, he is using mine. The police spoke with him about it while they were here because when they asked for his address he gave them mine. The police then instructed him not to use my address. The next day, when he posted the sign about cutting the gas lines, he installed a large mailbox and posted my address on it using 6" numbers. Now both of our houses show the same address.

4. He has put a fence up on my property and refuses to move it back.

5. He frequently shows up intoxicated and becomes hostile and verbally abusive to our family--yelling, cursing, accusing, making threats to sue us, etc.).

6. He refuses to participate in mediation.

No officials seem to know what to do about any of this, particularly the address situation. All of this started when he moved in and was not allowed to use a dysfunctional septic tank that was encroaching on our property and was a hazard. (The entire top had collapsed.) Neighborhood children frequently play near it, so he was forced to fill it in. Actually, proceedings on that began three years ago--long before he ever moved in. Also, a manager at the gas company said the neighbor stated to him that he is going to get us. I'm not sure what he meant by that, but the manager told me he was concerned as the neighbor was very hostile when he showed up at his office.

I know this all seems petty, and I'm embarrassed to even write all of this, but I'm stuck and don't know what else to do at this point. You might need to know that the property isn't in his name, as he is making payments on it and no deed of trust was ever filed. Any advice you may be able to offer would be greatly appreciated. Thanks.

My response:

Dufus, Hillbilly, trailer people sure are funny, aren't they?

I'll bet he even has a Southern drawl accent, and has a 10th grade education. Am I right?

IAAL

Wether your nbr likes it or not that gas co now has a easement and if he cuts lines again they should have no problem prosecuting him if he admits to doing it. Address use , I am curious you say the electric co assigns addy. what does your county say about it. Normally county govts are the ones who create address systems ( at least where I live) so perhaps your county can offer more info about it to you . As far as the threats etc Record them , have proof so when you contact your sherrifs dept you have proof. Lot line encroachments, well if you have a current boundry survey done and have the surveyor bury magnets as well as the normal markers used and have them show on paper any encroachments then you can take that to a lawyer and have the atty assist you with this matter. also am curious does your nbr have a hand crank for water and a gravity based septic system now to use ? Does your countys ordinances address substandard housing issues ?

The gas company claims that they have nothing to do with the lines from the meter to our homes. So I’m guessing that if there were an easement, it would belong to the owner of the home—in this case my husband and me. However, as I stated, I don’t see one on record anywhere.
As for the address situation, the tax office told me that it is the electric company who determines addresses, and the electric company told me that there is no address assigned to his property because he has not meter. I believe he can’t obtain one, or gas service either, because he has no septic tank. The water company states that he can have water, however, except he is using my address to get it. I have asked them to remove my address from his account, but they have refused.
Two weeks prior to his cutting our gas lines, I called the road construction company that he works for and told them that he was using their heavy equipment on the weekends to excavate his land. I told them that he had not tested for underground lines, and that our gas lines were running under the area where he was digging. Despite our informing the neighbor of the location of the gas lines prior to his breaking them, he continued, but then told the police he had not known they were there. (He cut them immediately behind the meters.) I also informed the neighbor’s boss that the neighbor has been driving across our front lawn and our asphalt driveway with their heavy equipment in order to access his property without having to trim his trees. The manager said that he would talk to the neighbor/employee, and that the employee did not have the company’s consent to use the equipment.
Nevertheless, he continued to use it, and once he broke the gas line he told the police that the company allows him to use it. I called the owner of the company to inform him that the employee had in fact broken the lines with their equipment, told him about my call two weeks earlier, and he told me that he would call me back. No one ever did, and the neighbor is still using the company’s equipment.
As for substandard housing issues, our county is very lax about it. The few ordinances that exist are not properly enforced. As I stated earlier, it took three years to have the septic tank situation resolved. He was told to remove his front fence from county property and he has refused. No one is taking action to force him to do it. The county has informed me that the state legislature has not granted the county the authority to enforce code compliance issues. I find that hard to believe, but I’m not a lawyer, so who knows.
I have the same problem with the federal government concerning the address issue. The postal service tells me it is illegal for the neighbor to post my address on his mailbox, and that the Postal Inspector’s office must handle it, because they do not handle criminal matters of this level. However, the Postal Inspector tells me that though it is illegal, it does not rise to the level of their jurisdiction. Basically, there is a gap. It is too low of a crime for one agency to handle, and too high for the other. <sigh> I really just want my address removed from his mailbox.

As I tell my wife: Keep calling, and asking for a higher-up, until you get someone who gives a hoot, and will make the proverbial stuff run down hill, if you know what I'm saying.

I'd hate to do it, but in the end, he's violating so many laws (including, I'm sure, a One-call utility location law), that he has to be stopped. File complaints with everyone you can find. Even in rural areas there are usually zoning boards, etc. who would address many of the habitability issues, though it sounds like they don't like to do much of anything in your area.

Also, every time he comes on your property, is "drunken in public", etc., call the police/sheriff. And fill out a report. Press charges, etc. Eventually, they'll get tired of hauling their butts out there every night or what have you and do something about it.

As for the postal service, read this link and see if it applies: https://www.usps.com/postalinspectors/mailthft/default.htm, because, basically, he's stealing your mail, if any of it goes into his mail box and he opens it.

Stop using the phone use certified mail with written letters and last if you must after getting no assistance after doing letters then embaress public officials by asking a local TV station consumer staff for help. It is not your problem if your county govt is too dang cheap to hire even part time a building inspector who can write enforceable work orders that would be backed up by code and your county attys office , where I live this county only has about 22,000 residents but still has staff from zoning that are able to do code enforcement when push comes to shove. As far as the gas line goes I guess your best bet is to go to the links up top after you get survey done and plan on going to court to sue for a easement , or plan on converting to propane and buying your own tank. customer owned tanks get much lower rates. As far as the address use and local officials not taking action like I said stop calling and use written letters and plan on embaressing them. Since they are public officials/employees they likely will take action when they get all warmed up from being in a hotseat LOL.

FarmerJ said:

Stop using the phone use certified mail with written letters and last if you must after getting no assistance after doing letters then embaress public officials by asking a local TV station consumer staff for help. It is not your problem if your county govt is too dang cheap to hire even part time a building inspector who can write enforceable work orders that would be backed up by code and your county attys office , where I live this county only has about 22,000 residents but still has staff from zoning that are able to do code enforcement when push comes to shove. As far as the gas line goes I guess your best bet is to go to the links up top after you get survey done and plan on going to court to sue for a easement , or plan on converting to propane and buying your own tank. customer owned tanks get much lower rates. As far as the address use and local officials not taking action like I said stop calling and use written letters and plan on embaressing them. Since they are public officials/employees they likely will take action when they get all warmed up from being in a hotseat LOL.

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Great points!

Thanks to each of you for all of your advice. It sounds like good advice, and I appreciate it. I will be writing return-receipt-requested, certified letters from this point on. If I still don't get results I will have to go to court, I guess. I just had a survey recorded about two years ago, so do you think I should have another completed, or just use the one I have?

Thanks.

IAAL-11 said:

My response:

Dufus, Hillbilly, trailer people sure are funny, aren't they?

I'll bet he even has a Southern drawl accent, and has a 10th grade education. Am I right?

IAAL

Click to expand...

I see you hired your evil paralegal back IAAL.

If he has a lock on the gate then wait until 2 a.m., go outside, cut the lock off, replace with your own lock then lose the key.

If he does not have a lock, add a chain to the recipe above.

Repeat as needed.

BelizeBreeze said:

If he has a lock on the gate then wait until 2 a.m., go outside, cut the lock off, replace with your own lock then lose the key.

If he does not have a lock, add a chain to the recipe above.

Repeat as needed.

Click to expand...

Send me a note when you complete your cookbook. Emeril be d@*^ed, that sounds like some fun cookin'....