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RE: [RC] Problem with a neighbor - Alison Farrin

Actually, I'll come down on the other side - getting an attorney would not be 
my first choice.  There are lots of people out there who use attorneys as scare 
tactics.  It may not have cost the other homeowner a dime, as he may have the 
guy on retainer, or its a friend that did it as a favor.

What you already know is that according to the rules, he's wrong and you are 
right.
You also know that unless the guy filed a lawsuit along with the letter he 
sent, he knows too.  So, don't cave.  You have 4 options, in escalating order.

1. Do nothing.  YOU have not violated the CCR's and you know it.  Ignore him.
2. Send him a very legal sounding letter quoting the CCR's, clearly let him 
know that he is in violation AND that you will not pursue the issue as long as 
he leaves you alone.
3. Retain an attorney to send the same #2 letter, letting him know that your 
attorney is just as good as his attorney.
4. Proactively report the violations to the building department and file a 
formal complaint.  Since this will require that he pay a giant fine and/or move 
structures, its going to piss him off and you will have made an enemy for life. 
This may actually be more volatile and escalatory than you really need, so I 
really would save it for a last resort.

Alison Farrin

-----Original Message-----
From: ridecamp-owner@xxxxxxxxxxxxxxxxx
[mailto:ridecamp-owner@xxxxxxxxxxxxxxxxx]On Behalf Of Charles
Sent: Friday, June 25, 2004 7:53 AM
To: 'Steven Proe'; 'Ridecamp Guest'; sandy.l.holder@xxxxxxxxxx;
ridecamp@xxxxxxxxxxxxx
Subject: RE: [RC] Problem with a neighbor


I'll double on the land use attorney.  They brought one in and much as it
may strain the budget, you are unarmed against them.  You need a gunfighter
of your own to protect your rights and privileges.

Charles 

PS: Lawyers out of law school like to think of themselves as Paladin like
gunfighters fighting for their clients rights.  Older, more experienced
lawyers know that they really are prostitutes who will sell their services
to anyone who asks.  It's just the nature of the business.  

-----Original Message-----
From: ridecamp-owner@xxxxxxxxxxxxxxxxx
[mailto:ridecamp-owner@xxxxxxxxxxxxxxxxx] On Behalf Of Steven Proe
Sent: Friday, June 25, 2004 10:13 AM
To: Ridecamp Guest; sandy.l.holder@xxxxxxxxxx; ridecamp@xxxxxxxxxxxxx
Subject: Re: [RC] Problem with a neighbor

Hi: If it were me I would call the County and report this Violation, I would
not tell the Building Department all that you know keep it to a minimum and
I would not mention the issue with the horses at all.

I would say that you just became aware of the rules on setbacks, the County
Building Department has a responsibility to enforce these setbacks or the
Code Compliance Officer.

When the County I assume approved the home they had to check the building
plans including setbacks, I would not admit that you knew about the
violation and you could "live with it" as long as they didn't complain.

The First think that I would do is get me a Land-Use Attorney, as apparently
you are not skilled in this type of dispute, Remember I said FIRST, there is
also a portion of the law called" a overburdening of a easement" . I don't
think that you can even build on a easement, you must read the Closing
Papers to read "EXACTLY" what the easement allows and the purpose for the
easement.
hth
Steven Proe
----- Original Message -----
From: "Ridecamp Guest" <guest-owner@xxxxxxxxxxxxxxxxx>
To: <ridecamp@xxxxxxxxxxxxx>
Sent: Thursday, June 24, 2004 10:20 PM
Subject: [RC] Problem with a neighbor


Please Reply to: Sandy sandy.l.holder@xxxxxxxxxx or ridecamp@xxxxxxxxxxxxx
==========================================

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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Arabians were bred for years primarily as a war horse and those
requirements are similar to what we do today with endurance riding. 
~  Homer Saferwiffle

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I don't think you have to join a gym or buy frilly outfits to get some
fitness.  A decent set of shoes and a 15 minute dismount here and there
will help. 
~  Jon K. Linderman, Ph.D., FACSM, Assistant Professor of Health and Sport 
Science, University of Dayton

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