What is the name of your state? California
I have attempted to see if there is any information I could pull out of existing questions and answers, but believe it's best to outline the specifics of my situation for as appropriate an answer as I can get.
I apologize in advance for the length of the intro.
My house is new construction...I bought it new as the phases were being released. The development does have a HOA; however, it operates under a very limited charter. But there is an Architectural Design Review committee where all homeowners submit plans, get them approved, etc. When I went next door to get this neighbor to review and initial my plans, all was well. Except that I received a letter from the HOA...seems this is a tenant and the owner, obviously, is the one that is responsible for signing this thing. Fine. So that's how I found out that my neighbor is renting this house. Obvious investment from the "homeowner"...never occupied the house to begin with.
Landscaping work began next door about two months after mine was completed, which included the front walkway being hooked up through to the backyard (like I had mine done), prior to me seeing a neighbor awareness form for the work being done. No big deal for me at the time. I finally received my copy in the mail from the HOA...seems the homeowner told them that they tried to get my review done but I could not be reached. Not true...but I digress. I review the form, initial as "disapprove" and send a letter stating why: The work that was done is completely contrary to what was submitted in the plan. The walkway that was laid, was poured directly up against my walkway, with the length of that particular portion being at least 4 feet...so as an obvious result this walkway is over my property line.
My HOA doesn't provide any help related to property line issues...which is the underlying problem at this point so I am on my own, which I accept. So I do get the name and address of the owner from the HOA, and send off my certified letter to him...the guy lives well over 60 miles away. Whatever, pure investment which is OK, but I hope that he'll still be a responsible homeowner.
I attach pictures to the letter, describe in detail the situation, and note my request for this to be corrected. From the date of the letter, I'm giving him 3 months time, and then I state that if this isn't corrected, I'll take legal action if need be, but I hope we can work it out betweent the two of us.
About a week later, I get a phone call from someone at a property management company...who seems unable to grasp any understanding from what I wrote in my letter. Fast forward to three weeks after that initial phone call, and the guy at the property mgmt company calls again...bottom line of this conversation is I learn that the homeowner obviously isn't going to do anything, as well as he obviously isn't going to deal directly with me on this. So I tell this guy to please assure that he clarifies with his client that if the situation is not corrected by the date noted in my letter, I will be obtaining three estimates from concrete contractors, and taking his client to small claims court.
My main question is this: Should I do this in small claims court versus hiring an attorney and doing "civil court"? I question the actual process as well: Obviously I am going to have to sue for a particular amount of money...is it appropriate for me to have the work done and then sue for the cost? That brings about my other question: Obviously, that would entail destruction and rework on the owner's walkway on his property, unless of course I just didn't bother with that and just had it chopped off to a point on his property, and left it that way.
Help please!
I have attempted to see if there is any information I could pull out of existing questions and answers, but believe it's best to outline the specifics of my situation for as appropriate an answer as I can get.
I apologize in advance for the length of the intro.My house is new construction...I bought it new as the phases were being released. The development does have a HOA; however, it operates under a very limited charter. But there is an Architectural Design Review committee where all homeowners submit plans, get them approved, etc. When I went next door to get this neighbor to review and initial my plans, all was well. Except that I received a letter from the HOA...seems this is a tenant and the owner, obviously, is the one that is responsible for signing this thing. Fine. So that's how I found out that my neighbor is renting this house. Obvious investment from the "homeowner"...never occupied the house to begin with.
Landscaping work began next door about two months after mine was completed, which included the front walkway being hooked up through to the backyard (like I had mine done), prior to me seeing a neighbor awareness form for the work being done. No big deal for me at the time. I finally received my copy in the mail from the HOA...seems the homeowner told them that they tried to get my review done but I could not be reached. Not true...but I digress. I review the form, initial as "disapprove" and send a letter stating why: The work that was done is completely contrary to what was submitted in the plan. The walkway that was laid, was poured directly up against my walkway, with the length of that particular portion being at least 4 feet...so as an obvious result this walkway is over my property line.
My HOA doesn't provide any help related to property line issues...which is the underlying problem at this point so I am on my own, which I accept. So I do get the name and address of the owner from the HOA, and send off my certified letter to him...the guy lives well over 60 miles away. Whatever, pure investment which is OK, but I hope that he'll still be a responsible homeowner.
I attach pictures to the letter, describe in detail the situation, and note my request for this to be corrected. From the date of the letter, I'm giving him 3 months time, and then I state that if this isn't corrected, I'll take legal action if need be, but I hope we can work it out betweent the two of us.
About a week later, I get a phone call from someone at a property management company...who seems unable to grasp any understanding from what I wrote in my letter. Fast forward to three weeks after that initial phone call, and the guy at the property mgmt company calls again...bottom line of this conversation is I learn that the homeowner obviously isn't going to do anything, as well as he obviously isn't going to deal directly with me on this. So I tell this guy to please assure that he clarifies with his client that if the situation is not corrected by the date noted in my letter, I will be obtaining three estimates from concrete contractors, and taking his client to small claims court.
My main question is this: Should I do this in small claims court versus hiring an attorney and doing "civil court"? I question the actual process as well: Obviously I am going to have to sue for a particular amount of money...is it appropriate for me to have the work done and then sue for the cost? That brings about my other question: Obviously, that would entail destruction and rework on the owner's walkway on his property, unless of course I just didn't bother with that and just had it chopped off to a point on his property, and left it that way.
Help please!