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[RC] re: Problem with a neighbor - A. Perez

 I guess my approach would be different than what others have
suggested.  Just because the neighbor has hired a lawyer does
not mean you need to run out and do the same.... yet.

 Are you abiding by all the land use rules and regulations as
far as your keeping horses goes?  If not, get yourself legal
quickly. If you are keeping within the rules and regs, he has no
legal grounds for his complaint, and is just blowing smoke.  If
this is so, I would write to his lawyer exactly asking what
problems he has with the current situation: dust?  Flies?  Ugly
horses defiling his view <G>? Then take whatever actions you
feel are reasonable and can afford, to address those concerns. 
It could mean planting trees along the fenceline, setting up a
sprinkler and/or re-seeding to abate dust, dividing the pasture
and turning out in that area only at night, whatever.  Doesn't
have to be a big effort, but make some gesture.  Send a letter
to his lawyer outlining the steps you have taken/plan to take. 
Be nice and conciliatory.  Not only are you demonstrating your
willingness to be reasonable and to address his concerns, you
are running up HIS legal bills, since his lawyer will charge him
to read your letters and write replies. ONLY deal with his
lawyer: he is the one who brought a lawyer into it, so play the
game... HE will be the one to pay for it!  So call or write the
lawyer early and often!  Be sure to ask for a reply to each and
every letter!  Should your neighbor find some grounds for
dragging you into court, you will look the better for having
made an effort to address his concerns.  Hopefully he'll get
tired of paying lawyers fees to play this game and will go away.

  If he keeps complaining, ignore him.  Only if he actually
threatens to sue should you hire a lawyer.  Chances are he HAS
no grounds, and knows it, and his lawyer won't want to waste
time the case.

 I doubt that bringing up his encrouchment on the property line
would do much good, and would probably only piss him more off. 
If powers-that-be did not see fit to enforce the set-back
requirements at the time his house was built, are they likely to
do so now?  Hold off on using that card until it is clear that
nothing else will work and there is no hope for an amicable
settlement, because once you play that card, there will be no
going back. 

 

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