 |
RE: [RC] Problem with a neighbor - Teri HunterIt sounds as if you have done nothing wrong. Some people are just going to complain no matter what you do. I would do two things. 1. RESEARCH - Research the records. Make sure you are in compliance. 2. I would talk to the county to find out what are the compliance issues. You don't have to report them but this is also part of doing research. 3. I would also look on the internet or call the office of the attorney that the letter came from. I would check it out to see if that attorney even works there. Could be a scare tactic, who knows. I would call from a pay phone because most offices have the caller id system. I agree that this is probably a scare tactic. Teri -----Original Message----- From: ridecamp-owner@xxxxxxxxxxxxxxxxx [mailto:ridecamp-owner@xxxxxxxxxxxxxxxxx]On Behalf Of Alison Farrin Sent: Friday, June 25, 2004 12:26 PM To: ridecamp@xxxxxxxxxxxxx Subject: RE: [RC] Problem with a neighbor 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 ============================================================ 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 ridecamp.net information: http://www.endurance.net/ridecamp/ ============================================================ ============================================================ 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 ridecamp.net information: http://www.endurance.net/ridecamp/ ============================================================ ============================================================ 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 ridecamp.net information: http://www.endurance.net/ridecamp/ ============================================================ CONFIDENTIAL This communication (including any attachments) may contain privileged or confidential information intended for a specific individual and purpose, and is protected by law. If you are not the intended recipient, you should delete this communication and/or shred the materials and any attachments and are hereby notified that any disclosure, copying, or distribution of this communication, or the taking of any action based on it, is strictly prohibited. Thank you. ==================== ...but then, I do ride my horses a lot more than most people ~ Karen Chaton ridecamp.net information: http://www.endurance.net/ridecamp/ ==================== ============================================================ We are talking about all the tools we can use to keep our horses safe and alive at the rides. Training/conditioning is one of the best tools available. It makes us better horseman and women, it benefits our horses and could quite possibly be the key to preventing most crashes. ~ Lisa Salas - The Odd Farm ridecamp.net information: http://www.endurance.net/ridecamp/ ============================================================
|