So Sick of A@#holes!

[keithaba]

So, I bought my first home about a year ago. One day I come home, and find an 8 foot wide ditch across my backyard, 13 feet in from the back of my property line.

Hmmmm.... That's not right.

Subsequent investigation reveals that the developer was attempting to fix a drainage issue from my neighbors yard, because they didn't grade the land correctly. It gets better.... There is no easment on my land, and the zoning company MDS informed me that what the builder did was illegal without my consent.

Over 1 month or constant phones calls, 2-3 a day, and I have gotten nowhere!

So now I'm getting a lawyer, and it's probably going to cost me a shit ton of money, just to have something fixed that shouldn't have been done in the first place.

Why is everyone an asshole until a lawyer gets invovled?

 

[twowheelnut]

Oh, you ain't seen assholes until a lawyer gets involved!

Good luck, Keith!

 

[ngarider]

It's hard advise to take, but trust me... getting upset is only going to make you older sooner. Let the lawyers deal with it. Most any atty worth a shit will take a retainer and do the minimal amount of work. The settlement will have you getting that retainer back and then some.

And the ditch becomes an ex-ditch.

 

[keithaba]

Oh, you ain't seen assholes until a lawyer gets involved!
Good luck, Keith!

HAHAH :rofl:

I needed a good laugh....

 

[skuehl]

I think your insane for getting a lawyer involved. There are laws that govern this. And you are better off handling it yourself. It maybe a pain however you can benefit from it.

Technically since they entered the property without using easement they broke the law. You are better off handling it yourself because you can get all the money instead of sharing with a lawyer.

Just get three quotes to fix it. And fix it NICE. Then let them know that you planned on putting in a pool. A very big pool and now their drainage is going to cost you additional money two years from now when you have kids and want to put in a pool. A very big pool. So you need to be reimbursed the cost to fix your landscaping and hard-scaping and the additional cost you will incur when you put in that pool and also account for all your time and you need to be reimbursed for that.

I would also have a police report filled out if you can for unlawful entry onto your property. Anything you can do to document all the rules they broke will show them that you are going to follow through. Once they see this they will understand it maybe easier to just negotiate with you.

 

[Scab]

Isn't "He needed killing" still a valid legal defense in Kentucky?

 

[Barabus]

I agree with Steve and Tim. Do both! It will let them know you are serious. Good luck.

 

[luvtoride]

Isn't "He needed killing" still a valid legal defense in Kentucky?

Oh, you just crack me up, man!

 

[FJRBluesman]

Isn't "He needed killing" still a valid legal defense in Kentucky?

I believe that's only in Texas.

 

[2006Moy]

Get the city inspector involved. If what he did is illegal they can strongly suggest "He" fix the mess he made. I went through a similar ordeal a year ago with drainage problems etc in a new housing track. Its amazing what a contractor will do when the city threatens to pull there license and also there contracts with the city.

 

[FJRBluesman]

Why is everyone an asshole until a lawyer gets invovled?

I've heard those two interchangeable?

Sorry to hear of your situation.

Good luck.

 

[RedRocker]

Isn't "He needed killing" still a valid legal defense in Kentucky?

I believe that's only in Texas.

Yes, we have that here. h34r:

 

[jmdaniel]

Isn't "He needed killing" still a valid legal defense in Kentucky?

I believe that's only especially in Texas.

Fixed it for ya. :clapping:

 

[Fencer]

Getting a Lawyer will solve the matter, and in the end shouldn't cost you anything.

Having an easement (which you don't, would not give the builder any right either. The easements are for utlities, water, power, sewer etc, not the neigbors drainage.

Get the City/county involved, hell file a police report for destruction of private property and treaspassing.

Make sure you notate the $$ amount of the high $ bushes and flowers that destroyed as well. Get new sod, and compensation for the water bill so that it can establish itself.

A Lawyer should do all this for you, since you have hired one already.

 

[madmike2]

While I'm not a contractor, and have never played one on TV, perhaps one of you more knowledgeable types would comment...

Before digging a ditch to modify the land contour, wouldn't he need a permit? If so, how could he get that on a parcel he doesn't own? Wouldn't a ditch of that size would need to be inspected by the county or city?

Go get'em, Keith!

 

[twowheelnut]

While I'm not a contractor, and have never played one on TV, perhaps one of you more knowledgeable types would comment...
Before digging a ditch to modify the land contour, wouldn't he need a permit? If so, how could he get that on a parcel he doesn't own? Wouldn't a ditch of that size would need to be inspected by the county or city?

Go get'em, Keith!

Depends on local zoning and codes as to whether one is needed. And being in Kenchuckles, there could very well be no zoning/code regs in this instance. Doubt it though if he is in a 'development'.

The reality is, according to Keith's info, is that the contractor trespassed and vandalized the property. Well, that's how I would have described it when the cops arrived...

 

[Jagermeister]

I'm dealing with a similar situation in the same town. Louisville's permits and inspections department is a joke.

Even though a bordering homeowner broke the law by digging up my yard, the tax-dollar-wasting-moist-ass-cheese-sucking-Bureaucratic-Assholes won't do anything about it, rather, advising me to get an attorney. And to quote the inspector "a lawyer will get things done faster."

I agree with Scab.

 

[Geezer]

file a police report for destruction of private property and treaspassing.

First thing I'd do is talk to the homeowner. He will be your neighbor so you should give him a chance to be neighborly. He'll probably just claim that he had nothing to do with it and the contractor is responsible, and that allows you to stay neighborly with him for the long haul and he can back up your claim regarding who damaged your property.

The next thing is to file a police report with the appropriate leo. Don't let them talk you out of it. The contractor dsamaged your property and the neighbor can verify that.

Lawyers generally make things worse before making them better, but you will probably need one before you get this resolved.

 

[Bounce]

Additionally a talk with the neighbor, that ends with them pointing the finger at the builder, gives you someone as a witness. Because you didn't see the act, your claim that someone specific did it is only hearsay.