My Neighbor has painted my wall

[josepro918@hotm]

Where the heck is the OP in all of this??? I'd love to hear what they did.

I'd send certified letters to both the propery manager as well as the condo association and demand the wall be restore to the original color within 10 days. If they don't respond, I'd hire a sandblaster to return the wall to the original color, then name the propery manager as well as the condo association in a civil suit.

Thanks to all who have posted. Sorry for the delay in responding. Yes The real issue here is that the cinder block used in this fence are colored all the way through. This fence WAS maintance free. I spoke to a sandblasting company and they will not do the job because the sandblasting will weaken the "grout" . I spoke to a painter who said he will do it but he can not guarantee the work due to the texture of the material. I have filed a lawsuit in small claims court for replacement of this fence. I got a registerd letter back from thier attorney stating I had filed suit on the wrong person. I have filed a Rule 194 (advice from a friend) which requests disclosure. I have the original survey when i first put up this fence and a second survey after she painted the fence. All of these documents have been sent to the property manager (Certified). I even spoke to her attny once and he said "Drop it dude your gonna lose, there is case law that gives her the right to paint her side of the fence" The court has granted a 30 day continuance so they can produce the names of the responsible parties. Shall I still go at this myself or is time to hire an Attorney?


Thanks

 

[CAowner]

How much money are we talking about? How much to replace that section of fence?

 

[Shay-Pari'e]

Thanks to all who have posted. Sorry for the delay in responding. Yes The real issue here is that the cinder block used in this fence are colored all the way through. This fence WAS maintance free. I spoke to a sandblasting company and they will not do the job because the sandblasting will weaken the "grout" . I spoke to a painter who said he will do it but he can not guarantee the work due to the texture of the material. I have filed a lawsuit in small claims court for replacement of this fence. I got a registerd letter back from thier attorney stating I had filed suit on the wrong person. I have filed a Rule 194 (advice from a friend) which requests disclosure. I have the original survey when i first put up this fence and a second survey after she painted the fence. All of these documents have been sent to the property manager (Certified). I even spoke to her attny once and he said "Drop it dude your gonna lose, there is case law that gives her the right to paint her side of the fence" The court has granted a 30 day continuance so they can produce the names of the responsible parties. Shall I still go at this myself or is time to hire an Attorney?


Thanks

Their attorney is messing with you. Here is a post that may help you also.

https://forum.freeadvice.com/showthread.php?t=319745

 

[justalayman]

Thanks to all who have posted. Sorry for the delay in responding. Yes The real issue here is that the cinder block used in this fence are colored all the way through. This fence WAS maintance free. I spoke to a sandblasting company and they will not do the job because the sandblasting will weaken the "grout" . I spoke to a painter who said he will do it but he can not guarantee the work due to the texture of the material. I have filed a lawsuit in small claims court for replacement of this fence. I got a registerd letter back from thier attorney stating I had filed suit on the wrong person. I have filed a Rule 194 (advice from a friend) which requests disclosure. I have the original survey when i first put up this fence and a second survey after she painted the fence. All of these documents have been sent to the property manager (Certified). I even spoke to her attny once and he said "Drop it dude your gonna lose, there is case law that gives her the right to paint her side of the fence" The court has granted a 30 day continuance so they can produce the names of the responsible parties. Shall I still go at this myself or is time to hire an Attorney?


Thanks

There i another alternative possible.

A high pressure washer with chemicals.
There are some companies out there that do things just such as this. The sandblaster guy is correct. Not only will it effect the grout but it will erode the surface of the blocks as well.

No matter what you use, it may not restore it to original condition, color and/or texture.

 

[Shel77]

their attorney is stupid. So if my house faces your property you can just paint that side of my home as well? Thats what I would have asked him. Anyhow if the fence is fully on your property she does not have the right to tresspass and then deface your property which will cause damage to fix and if left unfixed makes your property ununiform. Sue her!

 

[josepro918@hotm]

Thanks to all who have posted. Sorry for the delay in responding. Yes The real issue here is that the cinder block used in this fence are colored all the way through. This fence WAS maintance free. I spoke to a sandblasting company and they will not do the job because the sandblasting will weaken the "grout" . I spoke to a painter who said he will do it but he can not guarantee the work due to the texture of the material. I have filed a lawsuit in small claims court for replacement of this fence. I got a registerd letter back from thier attorney stating I had filed suit on the wrong person. I have filed a Rule 194 (advice from a friend) which requests disclosure. I have the original survey when i first put up this fence and a second survey after she painted the fence. All of these documents have been sent to the property manager (Certified). I even spoke to her attny once and he said "Drop it dude your gonna lose, there is case law that gives her the right to paint her side of the fence" The court has granted a 30 day continuance so they can produce the names of the responsible parties. Shall I still go at this myself or is time to hire an Attorney?


Thanks

Well its been a month since I went to small claims court.
Unfortunatly the Judge did not render his decision right there and then, he advised that he would let us now in writing.
The atty did not mention anything about the case law that he insisited exsisited(bull **** story from him to try and scare me off). The only point he made was that they were willing to "repaint" the wall. Well my point was the wall was ruined by them painting my colored block fence so this would not be an option. Only time will tell now. I will post whenever the judge decides

 

[josepro918@hotm]

Judge has rendered his decision

I got the decision from the Judge and he ruled in my favor. Unfortunatly he only awadred 2500.62 of the 4800.00 i was seeking. Now the bad news the defendants in this case have filed an appeal

Jose

 

[stuckinlamad]

keep us posted they are just using this as a stall tactic to avoid paying you in the hopes that you will drop it.

 

[josepro918@hotm]

Pre trial at County Court at Law

Well its almost a year since this fiasco started. Had to hire an atty to keep up this fight at CC at law court. $2000.00 retainer and away we go to court. AT the pre trial the judge seemed unintrested until my atty said that this fence was inside my property, He asked thier atty "Young man you mean to tell me that this property owner built his fence inside his property and your client painted it? "yes Judge" he said. OHH your in trouble good luck to you and will set this case for November.... Outside the court room my atty told me she had spoken to thier atty and he had said that his client was being "difficult". Well this past friday my atty called and told me that they were withdrawing the appeal and going with the judgement from small claims court. I wonder how much of the $2000.00 i'm getting back from my atty? Shall i sue for this also?


Thanks

Jose

 

[BL]

Judge has rendered his decision

--------------------------------------------------------------------------------

I got the decision from the Judge and he ruled in my favor. Unfortunatly he only awadred 2500.62 of the 4800.00 i was seeking. Now the bad news the defendants in this case have filed an appeal

Pre trial at County Court at Law

--------------------------------------------------------------------------------

Well its almost a year since this fiasco started. Had to hire an atty to keep up this fight at CC at law court. $2000.00 retainer and away we go to court. AT the pre trial the judge seemed unintrested until my atty said that this fence was inside my property, He asked thier atty "Young man you mean to tell me that this property owner built his fence inside his property and your client painted it? "yes Judge" he said. OHH your in trouble good luck to you and will set this case for November.... Outside the court room my atty told me she had spoken to thier atty and he had said that his client was being "difficult". Well this past friday my atty called and told me that they were withdrawing the appeal and going with the judgement from small claims court. I wonder how much of the $2000.00 i'm getting back from my atty? Shall i sue for this also?

Good greif ..... Why not just ask the Lawyer ?

 

[josepro918@hotm]

This case is not over yet. They still have to deliver the check and remove the appeal. This promise to remove the appeal just came across this friday and they will probably wait till the day before the court date to deliver check.


Jose

 

[Merlin2000]

Jose,

So what do you plan to do with the money? Rebuild the fence? Try to fix it? Or paint it with a nice set of rainbow colors on the side that faces your neighbor?

I got the decision from the Judge and he ruled in my favor. Unfortunatly he only awadred 2500.62 of the 4800.00 i was seeking.

- Why would the judge only award 2500? Did the neighbor only damage part of the fence? (the $2500 part of it)

 

[IrishNodak]

Good greif ..... Why not just ask the Lawyer ?

Ummm, it's called sarcasm....I think you missed it. He's been very patient for a year. I think he's entitled to a little.