Fence and neighbor drama

Hi Mary,

Just to clarify, the first paragraph is about the neighbors on the side of your house, and then the rest of your post is about the neighbors behind you, right? Just making sure it's not the same group of people.

Anyway, to address the questions you asked, no you are absolutely not being unreasonable. It sounds like you've given your neighbors ample opportunity to do the neighborly thing, especially since it sounds like they knew that that roof was hanging over into your yard all along. (Am I understanding that right?) Asking them to add a gutter to the roof is very charitable of you, since you probably could demand to have it removed if you wanted to. In writing the final letter, I'd probably say something like "Please add the gutter by mm/dd/yyyy date, or contact me before that date at xxx-xxx-xxxx to make other arrangements. This is my final attempt to resolve this issue directly with you before bring the matter to <insert proper authority here>."

It likely will prohibit any warm fuzzy neighbor relationship in the future, but it sounds like you don't really have that now anyway. (If you did, I'd think they'd just put up the gutter and be happy that's all they had to do.)

Good luck! I hope it works out.

Kelly

P.S. There was a rather lengthy topic in COJ about a fence dispute maybe six or nine months ago. You might search for it if you want to find someone here who can relate. 

So their roof hangs over onto your property? You are doing them a favor by only asking for a gutter, you have every right to make them remove the roof section that overhangs the property and the city would likely make them move it back further than that. 

ok - sending tomorrow.  

"

It seems that the turning off of your leaking sprinkler system has worked and the pooled water has drained from my yard, and not into my basement.   Thank you. I hope it is not such a costly repair in the Spring for you.

We have repeatedly tried to communicate with you about your porch roof funneling water onto a portion of the new fence we put in, but to this date you have ignored us.   We have been disappointed in your lack of response regarding the porch gutter, and find it rather disrespectful

We still believe that asking you to install a gutter on your overhanging roofline was a very reasonable request. As your husband said, “it is what it is” with regards to the property line, that we had surveyed by a registered surveyor.   That was the same day that you stated that you didn’t want to be at odds with us as your neighbor over a fence, but here we are.   While sealing the fence, we examined each and every board, and I can tell you that the only split board is under the porch.    All we want is to avoid water damage to our property, to have the fence last a long time, and to not have you forced to remove your nice little deck.   One would think you would agree with us.

We have been advised by an acquaintance, who is a land use attorney at YYY and XXX, to contact the City regarding the situation.   We have called the city already and discussed the situation in general with them, and I still believe that a neighborly solution would be best. Improper set back violation fines are covered in the Reno Municipal code under Land Development Chapter 18.22.201 and .202.

We will request a review from the City of Reno code enforcement on November 21^st, 2013 if we do not hear from you with your plan for water damage mitigation.   As evidenced by the nice work you did on that property, I am certain this is not outside of your skill sets.

I would prefer to solve this situation as neighbors, so I will remain optimistic and look forward to hearing from you.   It is not my intent to start or maintain a feud.

Just the facts, ma'am.   Try this:

Turning off of your leaking sprinkler system has worked and the pooled water has drained from my yard, and not into my basement.   Thank you. I hope it is not such a costly repair in the Spring for you.

We've had our land surveyed by a registered surveyor on DATE.  Their survey indicates that your porch roof is hanging over the property line.    While sealing our fence, we examined it, and discovered water damage on a board under your porch.  We believe a gutter and downspout on your porch roof would prevent this problem.  All we want is to avoid water damage to our property, to have the fence last a long time, and to not have you forced to remove your deck.

We have called the city already and discussed the situation in general with them, and I still believe that a neighborly solution would be best.  However, we will request a review from the City of Reno code enforcement on November 21^st, 2013 if we do not hear from you with your plan for water damage mitigation.  

I would sincerely prefer to solve this situation as neighbors, so I look forward to hearing from you.   It is not my intent to start or maintain a feud.

Your original came across as really, really snippy.  If I had gotten that letter, I would not have been inclined to reply.  

I think the original letter had some good points in it, but in this case I agree with Moondawg & Karen that the re-write sounds better when I read it as someone who might receive such a letter.  

Best of luck, and I hope you can resolve it between you without having to get the City involved.  

Good rewrite moondawg. I agree.

When dealing with matters like this it is best to leave the little jabs and such out of it. Just state the facts, be assertive without emotion. The first letter reads like the first salvo in a neighbor fued, the second letter sounds like a reasoned request for a mutually beneficial compromise. 

The second letter looks better......here's my neighbor story.....I hope yours ends better.

30 years ago I had just moved into my first house.  About a month after I moved in I planted a row of evergreen bushes about a foot onto my property line....they were about a foot tall and would have grown to 6 feet or so.  My neighbor wqatched me plant them and then came over to tell me that when they grew to full heigfht they woul dhang over his property line.  He had about 3 acres and his house was about 200 feet from the property line.  I told hijm that I would keep them cut back and he didn't have anything to worry about.  Two hours later I'm standing at the sink doing dishes and I watch as my neighbor runs over all 12 of the little plants with his riding lawn mower.  I run out there and to make a long story short, he tells me that he didn't want them there and that they would one day be on his property...and then he just drove off.  Like I said, it was 30 years ago and I was just a kid....he was probably 50 years old and obviously didn't care what I thought.

I had a few beers that night and the more I thought about it the more pizzed off I got.  About midnight I got my bow saw and went over to his driveway that was lined with 20-30 foot maple trees.  It took me about 30 minutes because I had to be quiet and cars came by every now and then, but I cut one of those trees down and felled it right over his driveway.

The next morning I'm having coffee and watching some TV when the doorbell rings.....the Police.  I greet the officer and we talk for a minute or two and then he tells me that someone cut one of my neighbors trees down and the neighbor thought it was probably me.  I asked the Officer why the neighbor thought that and he said that he had been told that we had "words" yesterday.  I said, 'No, we really didn't have words over anything and I didn't cut his tree down, but I'm glad you are here....follow me."  I walked him over to where the nubs of the freashly planted bushes were and said, "I'll do whatever I can to help you on this, because as you can see there is someone working this area cutting trees down, they got me too." 

That Officer smiled and told me to have a nice day.    

My neighbor and I didn't say 10 words to each other in the next 15 years before he died.....but we didn't have any more porperty line disputes either.

I wonder how many neighbors have been killed over trees, shrubs, and fences.  I bet it's quite a few.

Oh, and to stay on topic, I agree w/ the others that letter #2 is more "neighborly."  You never know how someone will respond, though.  Good luck!  Out of curiosity, what part of town are you in?  I grew up in Reno, but I've been gone from there for many decades now.  When I go back and visit, I'm always amazed at the growth.

I have contacted them several times in a very friendly way.      My original write was downright vitriolic.  But I agree - make it just business.   I run a client services department of a company that is contracted by mining companies - I deal with conflict all day long and I am pretty darn good at it.    Just don't like to come home to it.

My husband would come up with something similar to Left Brain's solution.   But it is crazy that it is even an issue - they got a fence for free - wouldn't they want it to last long by a simple and rather cheap repair?    I wonder what they are posting about me on their social sites? hehe. But 7Zulu is right - so many people have these kinds of conflicts over boundaries - its so primal, I suppose.

It was nice to come home today to a dozen fresh eggs from my other neighbor (who has chickens) waiting for me on the porch.   I'm going to bring her some home made jam to keep my good neighbor karma going.