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Use of my property for neighbors installing a pool

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quincy

Senior Member
Which is why my suggestion was to just say no.
Saying no is always an option, if the boulders are actually on Harbor’s property.

If the boulders are located on the neighbor’s property but were placed around the tree by the neighbors (past or present) to prevent erosion, there could be a legitimate argument raised by Harbor that they remain in place.

If the boulders are on Harbor’s property, he is within his rights to say no to their removal. That answer is not likely to prevent the neighbor’s construction of the pool, however, and could cause a rift between neighbors.

I think Harbor should have a landscaping professional take a look at his property to offer an opinion on the necessity of the boulders.
 


LdiJ

Senior Member
Saying no is always an option, if the boulders are actually on Harbor’s property.

If the boulders are located on the neighbor’s property but were placed around the tree by the neighbors (past or present) to prevent erosion, there could be a legitimate argument raised by Harbor that they remain in place.

If the boulders are on Harbor’s property, he is within his rights to say no to their removal. That answer is not likely to prevent the neighbor’s construction of the pool, however, and could cause a rift between neighbors.

I think Harbor should have a landscaping professional take a look at his property to offer an opinion on the necessity of the boulders.
I had an above ground pool installed in my yard when my daughter was a child. Because my yard had a serious slope, it ended up being half inground and half above ground. However that did not impact any of my neighbors because the slope stopped in my yard and the way that it was done guaranteed no erosion. The bottom of the pool was below the bottom of the slope.

However, that kind of installation would likely be impossible if the pool is to be an inground pool and/or if the slope continues onto the OP's property. I cannot imagine anything more dangerous without a massively serious and massively strong retaining wall.
 

quincy

Senior Member
I had an above ground pool installed in my yard when my daughter was a child. Because my yard had a serious slope, it ended up being half inground and half above ground. However that did not impact any of my neighbors because the slope stopped in my yard and the way that it was done guaranteed no erosion. The bottom of the pool was below the bottom of the slope.

However, that kind of installation would likely be impossible if the pool is to be an inground pool and/or if the slope continues onto the OP's property. I cannot imagine anything more dangerous without a massively serious and massively strong retaining wall.
It is possible that your property is like the property owned by Harbor’s neighbor. It is also possible that it is nothing at all like it. I sort of suspect the latter is true.

Harbor should probably have a professional out to see his land to get a better idea of how the neighbor’s construction and resulting pool could adversely affect his property.
 

LdiJ

Senior Member
It is possible that your property is like the property owned by Harbor’s neighbor. It is also possible that it is nothing at all like it. I sort of suspect the latter is true.

Harbor should probably have a professional out to see his land to get a better idea of how the neighbor’s construction and resulting pool could adversely affect his property.
Certainly getting a professional engineer out to review the situation would not be a bad idea at all. However, that does not change the fact that I would be saying no to an upslope swimming pool if my agreement were required. I would let the other party pay for a professional to prove to me that it would be safe for me to agree.
 

quincy

Senior Member
Certainly getting a professional engineer out to review the situation would not be a bad idea at all. However, that does not change the fact that I would be saying no to an upslope swimming pool if my agreement were required. I would let the other party pay for a professional to prove to me that it would be safe for me to agree.
I think having a professional look at the property is smart.
 

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