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[RC] Problem with a neighbor - Ridecamp Guest

Please Reply to: Sandy sandy.l.holder@xxxxxxxxxx or ridecamp@xxxxxxxxxxxxx
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I really need help/advice so please take a moment to read this e-mail.

My husband and I moved from 'the city' to 'the country' so we could have our 
horses on our own property.  We moved to San Martin, CA (between
Gilroy & Morgan Hill - just south of San Jose, CA).  In our dream home with 
property to build a barn and room for our horses for only 3
months, and we're already dealing with an issue with our neighbor (the previous 
owners mentioned in the walk through that they were 'difficult' but I
try to not pre-judge people).

I'll try to keep this brief but here are the facts:
Our home = 12 acres of rolling hills, sloping down towards the valley, there 
are really only 2 flat spots, 1 with on an easement (PG&E gas
line 16 feet under it) and one down by our neighbor's house.  Their home = 10 
acres sloping down to relatively flat land, with their home built right
next to our mutual property line (the highest point).  CC&R's say it's suppose 
to be 50 feet minimum, it's less than 15 feet as they dug into
the hillside to put it there.
Problem: the horses (mine and 2 of my friends) like to hang out at the lower 
flat spot because there are other horses below them on the north
side. We pick up manure weekly from the lower pasture and fly spray them daily.

I received a letter from his attorney today saying that they want us to put up 
a another fence, 30 feet from the mutual fence.  We checked our
CC&R's and it says that homes should be 50 feet from any mutual fence and pools 
(he has a hot tub 4 feet from the mutual fence) have to be
100 feet away.

I've tried talking to him, even suggested putting a sprinkler down there to 
keep the dust down and discourage the horses from hanging out there.
. all to no avail.  I'm afraid I'll need an attorney and I'm already stretched 
(deposit down on a barn, incident with my trailer on the way
to a ride this past weekend means a whole new axle, 2 kids in college and we 
stretched to get into the house to begin with.  Any
recommendations would be greatly appreciated (for an attorney or otherwise.  
Please send to my office (see cc: section above).

=+(

Thanks for listening.
Sandy & Tally (who's finally adjusting to being a 'real horse' instead of a 
stall horse)
--
Dave Biasotti & Sandy Holder  //  Gilroy, CA
AERC# M30961




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They're athletes! This is a partnership between horse and rider - we don't
have any jockeys out there, just pals and partners. We'd allow a rider with
a broken foot, a sore back and a nasty cold to compete - but we would never
let a horse in a similiar condition hit the trail. 
~  Dr. Barney Flemming DVM

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