Another azzhold neighbor thread, what would you do?

[john70t]

Originally Posted by look 171

Landlord is a piece or work. A year ago, he allow the building of a staircases leading to an outdoor shower on my side of the property, about 5' onto my side. I informed him about it, and his answer is, "How do you know is on your side? Even if it is, you are not using that spot anyway, so why's it that a big deal?" Surveying is being done next Tuesday.

You may be able to recover damages:
https://www.realestatelawyers.com/resources/real-estate/title-boundary/claiming-adverse-possession-property-encroachment
"Remedying an encroachment may require legal action, such as paying the property owner for use of the property or a court-ordered removal of the encroachment structure."


You do have a limited time:
https://www.wagensellerlaw.com/statute-limitations-california-quiet-title-lawsuits/
"The CA Statute of Limitations Depends on the Underlying Claim

California actually does not have a specific statute of limitations for quiet title actions but courts have provided guidance on when such claims must be brought. Instead, the courts have said that they will look at the underlying legal cause of action that the quiet title claim is based on in determining what time limit will apply.

In the 2015 case of Salazar v. Thomas, the California Court of Appeals ruled that the likely statute of limitations that would apply to various underlying causes of actions were:

5 years when the claim was based on adverse possession
4 years when the claim is based on cancellation of an instrument
3 years when the claim is based on fraud or mistake"

[PD41]

Why don't you move the cans back in front of their house then park your cars in front of your house. Put your cans farthest away from their house.

[PD41]

Place a ad on craigslist. FREE Harley Davidson PARTS. Many vintage, garage full.
My husband passed away and was a avid collector for 40 years.
I don't have time to sell all this stuff, moving.

Sunday 7 am Address 123 xxxxxx Ave Los Angeles. No early birds before 7 am

[LEAKYSEALS951]

Call the city/trash company to see if they have any regulations on how the trash cans are handled.

iirc- when I get a new trash can from the city/company/etc, there is usually a list somewhere of rules-website etc.. like no flammables. Roll up to curb on trash day. Do not store on street, etc...

If there is any literature from the company clarifying this, all the better. Perhaps even worth a call to city disposal. I'm sure they've had this happen before. See what they say.

EDIT- bonus points if you can work "oscar the grouch" for example "I spoke with Oscar down at the city dump... he said..."

[KFC911]

I would bet the neighbors are not doing anything "illegal"... just like a person parking in front of your house (instead of theirs). But don't listen to me....listen to Baz.

....no cans, no problem.

[oldE]

I must be missing something here, but I would simply take their trash and leave it in the middle of their driveway. Upright, the first time. After that, I wouldn't be too careful.

Best
Les

[onewhippedpuppy]

I think Curt had a winner on page 1. No cans no problem.

[rwest]

Is it possible they put their drug paraphernalia in there and if the police were to ever search the trash they could claim it was yours? Seems highly unlikely, but people doing drugs don’t think logically all the time.

[Tobra]

Either have the county take them away because you have "extras" or when you take your empty ones in, take theirs to the end of the street.

[KFC911]

No on has mentioned IEDs...until now

[stomachmonkey]

They are crapping on you because it’s easy.

I would move their bins every day. Make it more a pain for them to retrieve than it is to place in front of your house.

The leaves, I’d blow them right back right away every time and I’d probably include several neighbors leaves as well.

The stair thing, the minute the survey says it’s on your property have at it with your crew and all the power tools you can muster.

They don’t respect you, no need to worry about offending them.

[Steve Carlton]

A friend of mine had a truly mentally ill neighbor who came over one day with a pistol in his hand while my friend was on a ladder working on the eaves. Popped him right on top of the head with a hammer, which went into his skull until the handle stopped it from going deeper. The guy recovered and never was trouble again.

So sometimes things work out well. I wouldn't do anything to escalate this that's illegal.

[look 171]

Originally Posted by john70t

You may be able to recover damages:
https://www.realestatelawyers.com/resources/real-estate/title-boundary/claiming-adverse-possession-property-encroachment
"Remedying an encroachment may require legal action, such as paying the property owner for use of the property or a court-ordered removal of the encroachment structure."


You do have a limited time:
https://www.wagensellerlaw.com/statute-limitations-california-quiet-title-lawsuits/
"The CA Statute of Limitations Depends on the Underlying Claim

California actually does not have a specific statute of limitations for quiet title actions but courts have provided guidance on when such claims must be brought. Instead, the courts have said that they will look at the underlying legal cause of action that the quiet title claim is based on in determining what time limit will apply.

In the 2015 case of Salazar v. Thomas, the California Court of Appeals ruled that the likely statute of limitations that would apply to various underlying causes of actions were:

5 years when the claim was based on adverse possession
4 years when the claim is based on cancellation of an instrument
3 years when the claim is based on fraud or mistake"

I know about that, that's why my property lines are getting market next week

[look 171]

Their cans are moved almost weekly back onto their side of the sidewalk by me in the morning before they go off to work. They don't get the message or don't want to.

Cans do not sit on the street, out streets are super narrow only one car can pass through so cans go on the sidewalk.

It looks like there isn't much I can do about it. "Assholds will be assholds"

[look 171]

Originally Posted by stomachmonkey

They are crapping on you because it’s easy.

I would move their bins every day. Make it more a pain for them to retrieve than it is to place in front of your house.

The leaves, I’d blow them right back right away every time and I’d probably include several neighbors leaves as well.

The stair thing, the minute the survey says it’s on your property have at it with your crew and all the power tools you can muster.

They don’t respect you, no need to worry about offending them.

That's exactly what I am going to do but I am going to give them one phone call and a short message.

[speeder]

God, I love the internet...

Lots of dumb advice here, (and a small amount of good). Regardless of whether the trash bins belong to the city, the sanitation company or the home owner, they are expensive and when someone takes cell phone video of you hauling them away in your truck, (which is guaranteed to happen in 2018), you will be the one in handcuffs and the neighbors will be laughing their dicks off when they haul you away.

Then we'd have another Joe Bob type thread asking for lawyer referrals, "how is Venezuela this time of year", etc...

I believe that the neighbors are rude but I think that there is more to the story. Do you live in a cul-de-sac or is there some other physical barrier or reason why it is difficult or impossible for the truck to pick them up in front of their place?

A lot of people commenting possibly do not understand that human beings do not get out of a truck and pick up the trash, it is all automated...IOW, a truck pulls up next to the bins and mechanical claws grab them and lift/empty them. Where the neighbors are leaving their bins is not Jeff's property, it's on a public street. It may be rude but there is nothing illegal about placing your bins in the street in front of neighbor's house for pick-up. Lot's of people do it here if it's easier for the truck to collect it.

A photo of the street in front of both houses would shine quite a bit of light on this drama.

[Norm K]

Originally Posted by look 171

Their cans are moved almost weekly back onto their side of the sidewalk by me in the morning before they go off to work. They don't get the message or don't want to.

Cans do not sit on the street, out streets are super narrow only one car can pass through so cans go on the sidewalk.

It looks like there isn't much I can do about it. "Assholds will be assholds"

You might have just answered your own question. Don't move them onto their side of the sidewalk, move them to the street.

_

[speeder]

Originally Posted by Steve Carlton

I think calling the cops is the right answer. If they're within their legal rights to do this, you're just escalating this, which can backfire on you. If they're within their legal rights, then you can put your cans in front of their house. If the cops agree it's uncool, I have to believe they would willing to have an officer knock on their door and talk to them. That might be the most effective thing.

Calling the cops would definitely backfire, legally. They would explain to both that what the neighbors are doing is not illegal and they would then be pissed at him for calling cops and keep doing it forever.

[Steve Carlton]

I suggested calling the cops (as did URY914) to see if there's anything illegal about the neighbors putting the cans in front of look's house. If it's legal, I seriously doubt they're going to knock on the neighbor's door- it's for look's information. If there's something inappropriate about it, a visit by a cop or two might straighten out the neighbor.

Stealing cans, having them picked up, gluing them shut, dumping trash on the neighbor's property is just going to get look into trouble, as you said.

[look 171]

Glue, hauling away, throwing trash back isn't my style. Now blowing up siht (or their house)... We should talk talking

Cops are just going to laugh at me.