Neighbor installed A/C unit on deed defined driveway easement

[mirabai]

Georgia

15 years in my home. 7' between the houses. Deed states there is a 3.5' easement ... so technically, i guess it is the neighbor's property.
Over Easter weekend they installed a 3.5' square HVAC unit 2/3 of the way back from the front of the houses
.I took a pic and sent it to my handyman, who told me it's against code and a fire hazard. (romex stapled to the house)
I called Codes and Enforcement and they came out to investigate. The workmen had to go get a permit and fix the wiring.
However, i live in a historic district and called the review board because those kinds of things need approval.
I also called City Planning, who told me that technically they would have to move it due to the deeded easement. Later, historic board told me 'it's a civil matter'.
I don't want to make waves, because it's already a problematic neighbor (tenant) . (Who tore out the gate which was there when i bought the house. and called the pollice to say i'd torn the electric header off their house, when in fact it was a 20' branch that a storm broke out ot the oak tree in front.)
However, It's right outside my bedroom window, and it's LOUD. Is this worth pursuing, and what kind of fees would a lawyer charge for this?

ps the next door house was *empty* for the first 10 years that i've owned mine.
it was sold in 2014 and needed extensive repairs. only in the last 4 or 5 has there been a tenant.
....and only since easter weekend has there been an ac unit. there's plenty of space on the other side of their house, or their large backyard, which they've never used in the years they've lived there.

 

[Just Blue]

@mirabel324 , The last time the volunteers of FA took the time to respond to your thread you deleted their efforts. Why should they waste their time, once again, when in the end you will just delete thread?

 

[LdiJ]

Georgia

15 years in my home. 7' between the houses. Deed states there is a 3.5' easement ... so technically, i guess it is the neighbor's property.
Over Easter weekend they installed a 3.5' square HVAC unit 2/3 of the way back from the front of the houses
.I took a pic and sent it to my handyman, who told me it's against code and a fire hazard. (romex stapled to the house)
I called Codes and Enforcement and they came out to investigate. The workmen had to go get a permit and fix the wiring.
However, i live in a historic district and called the review board because those kinds of things need approval.
I also called City Planning, who told me that technically they would have to move it due to the deeded easement. Later, historic board told me 'it's a civil matter'.
I don't want to make waves, because it's already a problematic neighbor (tenant) . (Who tore out the gate which was there when i bought the house. and called the pollice to say i'd torn the electric header off their house, when in fact it was a 20' branch that a storm broke out ot the oak tree in front.)
However, It's right outside my bedroom window, and it's LOUD. Is this worth pursuing, and can i do this without a lawyer? (i'm on disability, limited income)

Ear plugs would be a cheaper solution to the problem.

 

[mirabai]

@mirabel324 , The last time the volunteers of FA took the time to respond to your thread you deleted their efforts. Why should they waste their time, once again, when in the end you will just delete thread?

that's not my user name.

'mirabai'
is not 'mirabel324'.

i have used this forum in the past (different category) and was helped greatly. i've never deleted a post or a thread.

 

[mirabai]

Ear plugs would be a cheaper solution to the problem.

i'm more concerned about when the house gets renovated and whether the ac unit will make it difficult to bring materials to the back and under the house. it's right across from the entrance to the crawl space.

... and i wanted to get information now, while the problem is still new.

 

[justalayman]

You keep mentioning tenant. Have you spoken with the owner of the home about the AC unit?

If you can support your statement the ac is on an easement and it encumbers your use of the easement, you can sue the owner of the home seeking a courts order the ac be removed.

 

[NeilTheCop]

I would check if your City or County requires a permit, most do. If they do see if one was issued.
If this A/C was installed without a permit or by an unlicensed person it may give you something to work with.
I don't know where in Georgia you live, but this is the permit for Atlanta to give you an idea.
https://www.atlantaga.gov/home/showdocument?id=33212

 

[mirabai]

You keep mentioning tenant. Have you spoken with the owner of the home about the AC unit?

If you can support your statement the ac is on an easement and it encumbers your use of the easement, you can sue the owner of the home seeking a courts order the ac be removed.

thank you for your reply. i have now spoken with the (new) owner of the house.
i did not know it had even been sold, it never had a 'for sale' sign in front of it.
that owner came over today after his workmen told him i was out there with a measuring tape.
truthfully, calling the owner i KNEW, and assumed was still the owner, didn't even cross my mind, as she did nothing when the tenant tore out the gate and also when the tenant called the police accusing me of tearing down their electricity header (that was pulled off by a 20' branch broken from the big oak tree out front getting hit by lightning. ... the police told her it was an act of nature and i could not have done it. then they told me, keep your distance. )

... anyway, regarding the current owner:
he was rude and belligerent and angry that codes and inspections had been called.
he basically said :
"where's the deed? where's the survey map? how can you prove anything?
i can make your life hell. i can report you to the EPA for flaking paint. and mosquitos.
i'm going to have a surveyor come and anything of yours on my property will be torn out and thrown out" (the gate remnants, specifically. )

luckily, the handyman i sent the pic to is actually someone that has worked on a bunch of his houses. and he called the guy, but i won't find out about that conversation till tomorrow.

in the meantime, i was a grown up and sent an email with a copy of my deed ... explained about the gate being prohibitive to drug dealers and criminals cutting through the backyard, which they did DO, until i put a lock on it. and which they did do again after the neighbor/tenant tore half of it out. i also mentioned that the drug dealer shot on the sidewalk in front of our houses last year had been dealing FROM THAT PORCH, (the house he now owns.)

there's so many issues. perhaps he was having a very bad day. he was supremely angry that codes and enforcement got involved.
The truth is, a permit IS required. and they didn't have one. and it was initially installed with romex wire stapled to the house.
but the bigger reason i first investigated was because of the easement clause in the deed. which i learned about after the b*$#@y neighbor tore out half the gate... back in 2015.

at the end of my email i apologized if my investigation caused him anger.

he replied:

Here is how I see it. I understand you didnt know that I own it. But you didnt call Joyce either so you just turn people in for doing something because that’s what you think you should do.

The surveyor will be there tomorrow to give me a price and let me know when he can mark the pins. We will look at the deed as well and see is there is an easement that needs to be respected.

The health department will be over tomorrow or then next day to look at all the standing water in your yard. I gotten eaten up with misquotes while we were talking and I think we need to have a government agency get involved to make sure that its safe.

I treat everyone the same way they treat me. Hopefully after a few exchanges between us we will get on the same page and email each other instead of calling the city to the rescue.

Like you I like our neighborhood. Have you seen the two houses in your block that were recently painted. They are a little south of you and they are the only ones that have all their paint. I bought those and sold them to the person that owns them.

Not sure if you have noticed the 600 block of third ave. In that block I have purchased 636, 638, 629, 617, 615, 610, 606, 630 3rd Ave. As soon as I get the one on the corner across form little joes ill start fixing all off them.

I have spent almost 200,000 in the 600 block and 150,000 so far in your block. So just like you I care about the neighborhood. I have some grass that needs to be cut and they will get to that next week. I dont have junk collections on any of my porches and all of the houses that I have on 1st and 2nd ave 8th st and front ave are all painted well maintained.

If you have any interest in selling your house in the future please let me know. I am not opposed to buying it and fixing all the rotten wood, putting a new roof on it and painting it. You could rent it back as well.

I will refrain from calling the Environmental Protection Agency and having them send the lead paint inspector from Atlanta after the next hard rain to look at the health hazard that all the flaking lead paint at your house is creating for my tenant. They would be more than happy to make sure that you follow proper lead abatement procedures when you do paint the house. I changed my mind after Mark called. But I have the inspectors cell phone if you want to keep playing not so nice neighbor.

I really like how you tried to hide your email but you left your email address in top of the email but changed the sender so I could not reply.

We will get the survey. No hard feelings and I hope that our next encounter is more pleasant."

i know this is all 'too much information'.... and he will probably move the ac after the surveyor verifies the deed and the easement. but it eases my mind to explain it to someone even if it's in the ethers of the net. ps this is not his neighborhood. this is where he is looking to make money...


"

 

[not2cleverRed]

Those pesky "misquotes" in your yard.

So, he's a slum lord and a bully.

 

[mirabai]

Those pesky "misquotes" in your yard.

So, he's a slum lord and a bully.

i can't believe he has the gall to offer to buy my house fix it up and then, let me rent it from him. wtf!?!
actually it's all been on hold because i got diagnosed with lupus, it's attacking my joints and i have to get numerous joints replaced....
BUT!!! saints be praised! i just found out about a HUD 203k construction loan that can also be a refinance, so i will be able to get out of my current mortgage (6.5% will get cut to 3.5, or less!!!) AND have the money to fix the house... without messing up the SSI that supplements medicare for me. i looked into HARP refinance but every bank said that what i still owe is not enough for them to bother with.

thanks for validating what i felt, but did not put a label on.

 

[mirabai]

I would check if your City or County requires a permit, most do. If they do see if one was issued.
If this A/C was installed without a permit or by an unlicensed person it may give you something to work with.
I don't know where in Georgia you live, but this is the permit for Atlanta to give you an idea.
https://www.atlantaga.gov/home/showdocument?id=33212

thank you. i did. they didn't have one, but they got one. but it was only after 'Codes and Inspections' came out to inspect.
i don't know why the guy is so steamed. eh.