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Old 07-09-2011, 09:34 AM   #1
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Legal questions - just looking for thoughts


I've been looking around this site for a place to post a legal question about a situation that my aunt has run into. I'm not sure where the best place to post it would be. If anyone has any suggestions, that would be great.

Of course, I don't expect to get legal advice that I can hold anyone to by any means....I'm just trying to get suggestions or discuss this issue with anyone that may have gone through something similar.

The issue is about a water issue my aunt is having with a neighbor. My aunt bought her house about 6 months ago, and her neighbor has contacted a lawyer to seek legal action to have my aunt solve a water issue she's having in her backyard.

My aunt hasn't done a thing to alter the property, other than adding a new deck on the back of the house. I don't see how the neighbor can require her to do anything to solve a problem that is clearly due to the entire neighborhood being on a hill....and each property steps down to the next. There are many properties above my aunts house, this is the way that the village zoned it. This water is a problem due to excessive spring rains and this property being on a hill.

This neighbor has been a nightmare for my aunt, and the other surrounding neighbors. My uncle was in the backyard, starting to dig the post holes for the new deck. He only dug one, due to his age and physical limitations....the next day, the building inspector was at his house....and he told my uncle that it was this neighbor that called him. They were going to get the permits anyway, they had a professional contractor build the deck. This woman clearly has nothing better to do.

This woman did the same to another neighbor to deal with a leaf issue in her backyard. This guy ultimately paid over 5k to have a huge tree cut down that didn't even cross into this woman's property, just to alleviate having to deal with lawyers.

I would appreciate it very much if anyone can offer any suggestions on this matter. As I said before, I'm not looking for advice I can hold anyone to. I would just like to know if anyone has dealt with something similar or if anyone can offer suggestions on how to address this situation.

Personally, I think an blaze orange and lime green fence would be in order, with hot pink posts and maroon crossbars....and bluegrass music beginning promptly at 8am everyday....and lots of poison ivy or 7 minute itch plants to give the woman something to occupy her clearly empty life.....but that's just me...hehe


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Old 07-09-2011, 09:44 AM   #2
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Nobody gets a permit after the fact unless forced to.

If a contractor is building the deck why is your uncle digging the hole?

Call an Attorney to discuss legal issues.


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Old 07-09-2011, 11:26 AM   #3
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My uncle was digging the holes because it would knock something off the total bill. They're both elderly people, and they weren't going to build the deck themselves. They had already applied for the permit, and while waiting for the inspector to approve the deck plans, they started it on their own. I've done that many times as well, it's perfectly legal. Then when you pick up your approved plans, you can ask the inspector to check the pier depth in person.
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