More baby poo yellow... do I have to provide access to neighbor's yard?

[Neilk]

Is this color close to baby poo yellow? I may need to paint our retaining wall that color.



To make a long story short, our new neighbors are pissed because the retaining wall we built ON OUR SIDE of the property line to prevent water from flooding their side yard does not allow them to get around their own wall to mow their lawn, so they called code enforcement on us. As long as the retaining wall is on our side of the property line, he has no legal grounds to complain. Providing him access to his property is not our concern, right? Just seems so ridiculous, way to make friend with your new neighbors!

Should I offer to move the fence in return for to providing an easement at $50/month? Haha.



Looks like it is going to be a fun being neighbors with them!

[rwest]

Hard to tell from your picture, but are those black poles holding your retaining wall?

Some places require the finished side of fences and I would think retaining walls as well to be facing the outside of your property.

[Baz]

Can't really tell what's going on to give proper analysis.

What does that section of lawn look like on their side? Is it just a little isolated section? Could it be trimmed with a string trimmer?

Why couldn't they bring a mower from the other side of that crevice?

[Baz]

Also....has code enforcement visited yet and if so what did they say?

In our area property owners are required to contain storm water runoff on their property - usually done with retention areas which capture flow from downspouts and berms along property lines.

This is only enforced with new construction or remodeling.

I did a job years ago where the neighbor did the same thing you did and it caused a big stink and the city engineer had to come out and ultimately my client wanted me to block the neighbor out with landscaping....lol.

They even wanted some stiff to block their view of the golf course.....amazing how hostile people can be...

[stomachmonkey]

So they are pissed that they can no longer come onto your property to access their yard?

I assume that Cedar fence in the back of the pic is theirs?

I would suggest to them they add a gate.

[Heel n Toe]

You're gonna need to hire a guy to come out there with a quadcopter and video the entire area.

Post the video here, with your voiceover explaining everything... then we'll be happy to litigate this situation for you... right now, not enough information.

Re: Baby Poo Yellow? Yes... no discussion necessary.

[Baz]

I dunno.....

Originally Posted by Heel n Toe

You're gonna need to hire a guy to come out there with a quadcopter and video the entire area.

Maybe Neil already owns a drone complete with Go Pro....so he wouldn't have to hire anyone.

I also think that a simple descriptive paragraph would do the trick, if worded correctly of course.

Post the video here, with your voiceover explaining everything... then we'll be happy to litigate this situation for you... right now, not enough information.

Do you really think a voice over is needed? And if so, why in his own voice? Why not use the best person for the job? Unless you are saying Neil is the best person for the job - but I wonder how you would know that?

Re: Baby Poo Yellow? Yes... no discussion necessary.

Why not just use some paint he has on hand? Wouldn't that be more practical? I think we need more discussion as to color choices and feasibility.

[id10t]

Offer to sell him the however many square feet it would take at a very high price...

I have a slightly weird shaped property, my neighbor has 20 acres and wanted to pay me $500 for a few critical square feet so he could divide his property, build a second house, and sell it. I countered with 1% of sale value of the new house/property plus whatever legal paperwork I'd need to have done to change my title, my mortgage, etc. Never heard from him.

[stomachmonkey]

Originally Posted by Baz

Can't really tell what's going on to give proper analysis.

Looks like the tannish brickish wall on the right is the side of neighbors house.

The grass we see is neighbors side yard.

Towards the back is the neighbors cedar fence sans gate.

At the front of the pic is the shrubbery that I assume runs left to right from the property line to probably the neighbors house or other obstruction.

It seems the only way the neighbor could access the side yard was to walk around the shrubbery / landscaping onto Neils property then back onto his own.

Basically the area is a box that was enclosed on three sides by neighbors fence / house / landscaping and they are pissed because Neil closed off the only open side which happens to be his property.


EDIT: I think I see the issue. What looks like a pile of pavers stacked behind that shrub is actually a wing wall. Very common architectural feature in TX.

So yes, the space is enclosed on 3 sides by neighbors own structures.

[Baz]

Originally Posted by stomachmonkey

The grass we see is neighbors side yard.

Basically the area is a box that was enclosed on three sides

So yes, the space is enclosed on 3 sides by neighbors own structures.

Good analysis, Scott. Based on that one photo - I would agree.

Without knowing more....solutions would include:

1) creating a new access for a mower via the fence or paver wall

2) using a string trimmer to trim grass going forward so the new access is smaller

3) removing grass and replacing with ornamentals...such as bamboo or something that hides the neighbor's new retaining wall and doesn't need mowing

4) removing the grass and replacing with washed shell, mulch, or aggregate.

Those are just off the top of my head....and without knowing more about that area...

[stomachmonkey]

Originally Posted by Baz

Good analysis, Scott. Based on that one photo - I would agree.

Without knowing more....solutions would include:

1) creating a new access for a mower via the fence or paver wall

2) using a string trimmer to trim grass going forward so the new access is smaller

3) removing grass and replacing with ornamentals...such as bamboo or something that hides the neighbor's new retaining wall and doesn't need mowing

4) removing the grass and replacing with washed shell, mulch, or aggregate.

Those are just off the top of my head....and without knowing more about that area...

Decomposed Granite is very popular around here.

Fits the landscape.

I have it lining my backyard perimeter.

Easy to maintain and snakes don't like it.

[rwest]

So there are two fences blocking his access to his side yard, one his and one yours? He should modify his then to get access.

...but, if there is any easy, cheap way to allow him to get to his yard from yours, probably a good move since it really sucks living right next door to an enemy.

[Baz]

Originally Posted by stomachmonkey

Decomposed Granite is very popular around here.

Fits the landscape.

I have it lining my backyard perimeter.

Easy to maintain and snakes don't like it.

Just Googled it....very nice!!

The brown color, especially.

We use crushed coquina shell occasionally which has the same look (fine texture & brown color).

I use Pine Bark mulch for all my plant beds but sometimes an aggregate works well for pathways, drives, and right-of-ways.

[Heel n Toe]

Y'all are litigating this using assumptions and mere speculation... that's why we need the quadcopter video.

[Neilk]

Originally Posted by stomachmonkey

Basically the area is a box that was enclosed on three sides by neighbors fence / house / landscaping and they are pissed because Neil closed off the only open side which happens to be his property.


EDIT: I think I see the issue. What looks like a pile of pavers stacked behind that shrub is actually a wing wall. Very common architectural feature in TX.

So yes, the space is enclosed on 3 sides by neighbors own structures.

Ding, ding, ding... we have a winner! Yes, that is exactly right. When he texted me that we had a "problem" because of the retaining wall, I told him I would have no problem with him going across my lot onto his to mow the lawn, he could use a ramp if needed. I never heard back from him and only got word from our builder that city inspectors came by to talk with the neighbors about the retaining wall. I will be interested to hear what happens.

We were willing to work with them to find a solution to the problem, but calling city inspectors will not endear himself to us. I certainly will not be accommodating without some kind of explanation or apology.

[Baz]

Originally Posted by Neilk

I told him I would have no problem with him going across my lot onto his to mow the lawn, he could use a ramp if needed.

OK this is an important detail left out in the original post.

Respect to you Neil for offering to accommodate.

Bush league move by your neighbor to call code enforcement without responding to you first.

They sound like the could be Democrats!!!

[Norm K]

Not that it matters but are they new neighbors because they just moved in or because you did?

Hopefully, they're actually good, reasonable folks (and you too, of course) and you can work this out amicably. If not they could, since you were kind enough to complete the enclosure, get a couple of large, large dump-taking dogs and make a nice run along that side of their house.

[island911]

Be careful about how you grant access. (I wouldn't) Your neighbor sounds like a Dick. The type of guy that would claim permanent easement.

[Por_sha911]

Originally Posted by island911

Be careful about how you grant access. (I wouldn't) Your neighbor sounds like a Dick. The type of guy that would claim permanent easement.

This! Plus if he hurts himself on your property he will make a claim against your homeowners.

[Baz]

Originally Posted by island911

Be careful about how you grant access. (I wouldn't) Your neighbor sounds like a Dick. The type of guy that would claim permanent easement.

Originally Posted by Por_sha911

This! Plus if he hurts himself on your property he will make a claim against your homeowners.

I would get a notarized letter stating he could do neither.