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Old 09-04-2009, 12:47 AM   #16
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Neighbor doesn't allow use of their side ? What to do?


Wow you can get him to remove his gate like that? I assume it is a common wall and belongs to both of you, so he should be able to put a gate on his side attached to the wall no?

In my city the eaves and roofing can't be that close to the wall. Must be 4 feet away. He is a bit mean to say no. Maybe he has delicate flowers there? How about your roofers sign a waiver for liability issues?

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Old 09-04-2009, 08:52 PM   #17
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Neighbor doesn't allow use of their side ? What to do?


Quote:
Originally Posted by Ed the Roofer View Post
You have the right of egress to be able to fulfill your building requirements.



Ed

I know you're not kidding, ed, but I have seen where there were buildings that shared a wall and the guy with the lower roof won his right to prevent the other guy from having an air conditioner hanging out of his window over the other roof.

a person has absolutely no right to trespass on anybody's property unless there are specific laws that allow a situation such as you are speaking of. I know of no area that has laws such as that but I can imagine in a city where it may be possible due to the more common near overlap of buildings.

before telling them they have the rights, maybe they should seek legal counsel or at least contact the area governmental offices to see if they know of such laws. I would hate to have somebody get arrested because they depended on a suggestion that may or may not be legal.

Not sure but I suspect the reason for the roofers claiming they can't do it is because when they tear off the old roof, it is near impossible to not have some of the old roofing fall to the ground. It will most likely cost more but it can be done from above only. It will take more time due to the added care required so they do not drop the tear off onto the neighbors house but it can be done.

Last edited by nap; 09-04-2009 at 08:56 PM.
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Old 09-04-2009, 09:04 PM   #18
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Neighbor doesn't allow use of their side ? What to do?


Supposedly the law exists for the public good. It sounds like the neighbor is being a please don't avoid the profanity sensor
No arrests; it's a civil matter in any case.
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Old 09-04-2009, 09:32 PM   #19
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Neighbor doesn't allow use of their side ? What to do?


Where I live in Ontario, Canada we have a municipal bylaw that allows access onto your neighbors property for maintenance purposes!
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Old 09-04-2009, 10:26 PM   #20
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Neighbor doesn't allow use of their side ? What to do?


i think you should give a quick call to your local building permit office and explain your situation. they've heard it all before and have no doubt dealt with situations like yours a hundred times. they will tell you how to proceed.

also, you need to talk to more experienced roofers. could be if you paid a bit more they would bring in a crane to drop shingles on the roof and can build an access platform/lift from your property. there is ALWAYS a solution.

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Old 09-04-2009, 10:58 PM   #21
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Neighbor doesn't allow use of their side ? What to do?


Quote:
Yoyizit;323873]Supposedly the law exists for the public good.
"the law". We have 50 states and several territories and every one has their own laws and I can assure you the feds have no law concerning this as it is not allowed per our Constution.


Quote:
No arrests; it's a civil matter in any case
.want to bet? Trespassing is a criminal action in every state I can think of. Here is mine:http://law.justia.com/michigan/codes...l-750-552.html

it is a misdemeanor and punishable by up to 30 days in jail and a $50 fine.

Do you want to bet there is a criminal statute in your state as well?

Because it is a criminal action in most, if not all states, that is why I suggest the OP contact either a lawyer or the local gov folks to check on the possibility of a law or ordinance that would allow them access for maintenance purposes. I think simply claiming there is a law that would allow it is a disservice to the OP and could cause them some grief.

Last edited by nap; 09-04-2009 at 11:01 PM.
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Old 09-05-2009, 09:29 AM   #22
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Neighbor doesn't allow use of their side ? What to do?


Re: civil, I meant refusing to allow the neighbor access.
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Old 09-05-2009, 09:50 AM   #23
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Neighbor doesn't allow use of their side ? What to do?


Hi,

We do it all the time. The house's are so close together you can not set up in there anyway.

We did a church 40' to the gutter. 10/12 pitch could not set a ladder on that side the house next to it was 3 feet away. The house was higher then the church.

It is not a big deal.

Where do you live?
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Old 09-05-2009, 02:49 PM   #24
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Neighbor doesn't allow use of their side ? What to do?


Quote:
Originally Posted by Yoyizit View Post
Re: civil, I meant refusing to allow the neighbor access.
gotcha
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Old 09-05-2009, 05:39 PM   #25
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Neighbor doesn't allow use of their side ? What to do?


Quote:
Originally Posted by nap View Post
I know you're not kidding, ed, but I have seen where there were buildings that shared a wall and the guy with the lower roof won his right to prevent the other guy from having an air conditioner hanging out of his window over the other roof.

a person has absolutely no right to trespass on anybody's property unless there are specific laws that allow a situation such as you are speaking of. I know of no area that has laws such as that but I can imagine in a city where it may be possible due to the more common near overlap of buildings.

before telling them they have the rights, maybe they should seek legal counsel or at least contact the area governmental offices to see if they know of such laws. I would hate to have somebody get arrested because they depended on a suggestion that may or may not be legal.

Not sure but I suspect the reason for the roofers claiming they can't do it is because when they tear off the old roof, it is near impossible to not have some of the old roofing fall to the ground. It will most likely cost more but it can be done from above only. It will take more time due to the added care required so they do not drop the tear off onto the neighbors house but it can be done.
Quote:
Originally Posted by Ed the Roofer View Post
You have the right of egress to be able to fulfill your building requirements.

Contact someone in the village hall code department and ask your question and they can force him to allow the work temporarily on his property.

I would detach that fence the very next morning too.

Ed
I advised him accordingly correct for the situation.

Don't just go willy-nilly and do what you want, but seek out the correct information from the local sources first.

Ed
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Old 09-05-2009, 07:35 PM   #26
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Neighbor doesn't allow use of their side ? What to do?


so, how do you explain this then:

Quote:
Originally Posted by Ed the Roofer
You have the right of egress to be able to fulfill your building requirements.
Not sure I would say your advice was correct in that statement.


In fact, the section of your own post that you bolded:
Quote:
Contact someone in the village hall code department and ask your question and they can force him to allow the work temporarily on his property.
You are making a statement that there is in fact such a law. I do not know the laws of the OP and I suspect you do not either.Although not applicable but for justification for proceeding with caution; I can assure you that in my area, not only do I have the right to refuse you, the neighbor, or anybody else from entering my property, if you refuse to leave my property when ordered by me, you are breaking the law and I can even shoot to kill if I am in the least bit threatened.

Do NOT tell people they have a right to go on anybody else's property unless you know for a fact it is true. OP needs to investigate the possibility of such a law before making any demands or entering the neighbors property. In todays society, there are some crazies out there that will react poorly to such a trespass.

I'm not trying to argue with you Ed. There truly is no argument here. I posted what I did because your suggestions could get somebody hurt if they believe they have any such legal support where there is none. Many times a person will act based on assumed knowledge only to discover their beliefs are incorrect.


Last edited by nap; 09-05-2009 at 07:39 PM.
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