Neighbor Dispute: Advice Welcomed

[funhusker]

I'm looking for any input into a situation my wife and I are currently having with our neighbor.  I've talked to friends and coworkers, but their opinion is obviously biased and most likely just telling me what I want to hear so I stop b!^@hing about it.  

Long story, short version: Last October our new neighbors put in a cement patio in their back yard.  The configuration of our side yards forced the contractor to drive a skid loader onto our property, decimating the grass and ground underneath.  We had 5+ inches of rain in the 10 days leading up to this.  We had no idea the neighbors were doing this, my wife woke up (she works nights) and saw the damage when she went to pick the kids up from school.  When I got home we just sat there in disbelief.  Our neighbor came outside, we just looked at him like "WTF???".  He nonchalantly says, "we tried to knock on your door but no one was home.  Don't worry about it, these guys do great work.  You won't even know they were here in two weeks...."

I've had to contact their contractor several times to come out and fix drainage issues.  I've had to come home at lunch on my time to meet with the contractor.  Not to mention, my wife was home and still up when they said they tried to ring the doorbell.

Fast forward 6 months: drainage issues "appear" to be fixed but the trampled grass and new sod do not look like the  rest of my yard.  The gate on my fence also no longer opens/closes properly (their fence that was removed for construction is tied into my post).  The damaged grass was actually the best looking grass on my property, now looks like a lumpy dog-run.  The neighbors are elderly and apparently are having the daughter communicate with us regarding the damage from now on.  Although there was minimal communication to begin with, they just told me to call the contractor.

I know it's just grass.  And they seem like nice people.  I feel bad for wanting my grass back the way it was, I don't like confrontation or people thinking I'm a jerk.  But I also don't like to feel like a "push over".  It really feels like they just had the attitude of "they'll figure it out.."  Although, since this happened the neighbor wife did mention that she feels like the new patio "wasn't worth it", I'm assuming she means the obvious friction between us.  The contractor is coming out tomorrow to power rake the area and overseed the grass.  I know I'll have to wait and see, but I have a good friend that is an attorney, who I've discussed this with, and dropped the word "attorney" to the daughter.  She looked a little shocked.  I think I accidentally/intentionally escalated the situation with that passive aggressive comment.

Anyone have anything like this happen before?  Where do you draw the line between "good neighbor" and "don't mess up my stuff!"???

 

[Ulty]

I had a similar situation a couple years ago, although it was with new construction next door; the neighbor hadn’t moved in yet. But when they were installing the driveway or sidewalk, they tore the hell out of my front yard that I had spent thousands of dollars to reside only the year before. I contacted the general contractor and the VP of the company that was building the home, as well as the realtor who was trying to sell the new construction. I explained what happened, that it was upsetting to me, and asked who their insurance provider was, since their liability coverage should pay for such negligence.
 

Of course they would not want to file an insurance claim for such a thing, so they told me they would take care of it. I made sure they did, and responded when the patch was resided and told them I would keep watching to make sure it was done right.

If I were you, if you can’t get your fingers on the contractor, I would ask the neighbor about their homeowners insurance so you can file a claim on their liability coverage, and don’t be afraid to follow through if they call your bluff. Because the insurance company would probably not want to put up with that nonsense and demand to get ahold of the contractor or the contractor’s insurance. 
 

if the contractor doesn’t have insurance, you might have a legal issue to deal with. 
 

Also, this may not make things well between you and your neighbor, so it also depends on if that relationship matters to you. 

 

[funhusker]

I have been able to talk with the contractor, but it's always when it's convenient for him.  For example: I called in late January early February about concerns of ice building up in my side yard and making things inaccessible.   He told be he was planning to come back to do more work in the first part of March so he could look at it then.   He came today....

Thanks for your input!

 

[JJ Husker]

Sadly, you really only have two choices. If you want your yard returned to near like new, you'll probably have to be a bit of a d!(k and get more forceful. I assume this is pretty much 100% on the contractor since they are the ones who actually damaged your yard. And since they were never paid to fix your yard, their attitude is going to be the bare minimum to stop you from calling. Unfortunately that will more than likely lead to you needing an attorney. Option B is to just let it go. I wouldn't do that.

I'm not exactly sure how this really involves your neighbor. You do not have to provide access to your neighbor's yard (except in the case of utilities or right of way). IMO the contractor was responsible for performing this work without damaging your lawn. I'd say you need to ratchet up the heat on the contractor, probably with an attorney (or the threat of getting an attorney involved). They're going to blow you off until they know they have no other choice than to make it right.

 

[funhusker]

Thanks @JJ Husker.  That's kind of how we've been handling it.  It's just frustrating that our neighbor, even though he's still having work done by the guy, seems so nonchalant about it.  He openly acknowledges that my concerns should be given to the contractor and not him.

I even told him to hold payment to the contractor for this Spring's project until we were happy.  He just shrugged it off.

When I mentioned "attorney" today, the daughter (the contractor was also standing there) definitely perked her ears up.  The s#!tty thing is, I could fix it all in a weekend for $500 and a weekend of labor.  Most likely less than any insurance deductible...

 

[JJ Husker]

It would be nice if your neighbor put more heat on his contractor but I also understand why your neighbor is not overly concerned about it. Really it's not his responsibility. And that could be a good thing as it could help prevent developing hard feelings since you both will still have to coexist to some extent. IMO it's fully the contractor's responsibility to fix it and unfortunately you, not your neighbor, are going to have to be the heavy.

 

[BigRedBuster]

@JJ Husker is correct, it’s the responsibility of the contractor. He should have known he needed to drive on your property and required notification of you. It should also be in his contract that all damage is repaired back to its original state. 
 

I would suggest having an attorney write a letter to the contractor. You have given them ample amount of time and opportunities to discuss it and fix it. 
 

Sad thing is, the attorney is probably going to cost you close to the $500 you say you could repair it for. 
 

But, sometimes it’s the principle of the thing. And....your time and effort. 
 

PS...this is why I live in the country where my closest neighbor is 1/2 mile away. 

 

[funhusker]

@JJ Husker is correct, it’s the responsibility of the contractor. He should have known he needed to drive on your property and required notification of you. It should also be in his contract that all damage is repaired back to its original state. 
 

I would suggest having an attorney write a letter to the contractor. You have given them ample amount of time and opportunities to discuss it and fix it. 
 

Sad thing is, the attorney is probably going to cost you close to the $500 you say you could repair it for. 
 

But, sometimes it’s the principle of the thing. And....your time and effort. 
 

PS...this is why I live in the country where my closest neighbor is 1/2 mile away. 

I've always wanted to live in the country but my wife had zero desire.

I think I'm starting to win her over...

 

[dvdcrr]

I don't know if anyone really ever wins in a pissing match like this.  You may or may not get your satisfaction but you will be losing a neighbor for sure.  Do you want that?  Just be living next to a cold enemy?  Do you want to try and remain amicable?  If you don't give a damn hire the best attorney and get after it.  If you want to remain amicable grab a rake and some seed and a dripline.

I once saw a dispute over a little dog get so bitter a quick survey of property was done and a solid privacy fence put in so close to the neighbor's house that you could scarcely walk along the house.  I guess moral of the story is better damn well know your property line before you get pissy.