When a Neighbor Crosses the Threshold from Bad to Dangerous – Part 2 of 2

We went up to introduce ourselves a few months ago to new neighbors on the street behind ours when we heard sounds of a backhoe running in our hillside neighborhood. This property had an additional dwelling unit built on it a while back, which we didn’t think too much about – until we started having signs of destabilization on OUR property. Next thing we know, the ADU is torn down by the new owners, and we know there are issues. When that backhoe fired up, we went straight over to see if they were digging, and to let them know we suspected events taking place on their property were having a negative affect on ours – a large pine fell down, water started flooding our garage, cracks begin to appear, with a clear path of water coming from above. We were calm, no finger pointing, just wanting to make sure they stop any dangerous activity since we had already installed French drain, berms and moisture barrier taking care of the water flow. The response was “S&!t flows down hill, deal with it”. Compound those statements with the collapse of our retaining wall when these neighbors leave their sprinklers on for days, and the battle is on.

We are investigating the history of and closely monitoring the activity on the property on the street behind us we think is destabilizing our lot and discover all kinds of things:

- The person introduced to us as the owner is not the owner, rather these investors’ (and local real estate brokers) young handyman (not the licensed contractor we thought) who is living at the property while remodeling it, and the property is to be put right back on the market as soon as the work is almost complete. (Misrepresentation?)

- The real owners say they want to work together to resolve the issues, but they really don’t and are very likely stalling us until they can flip this property and let the issues be the next owner’s problem. (Unethical?)

- This property located in an area with high expansive soil content had an in-ground pool and drainage trenches that were filled in, on which the ADU was built, the construction did not follow the recommendations of the geotechnical engineering report and its foundation failed. (Dangerous?)

- The City staff who granted an exception to leave this failed foundation in place after the demolition of the ADU so it may be used for additional parking, basketball court, etc. – not additional construction - is unaware the home is being marketed as “pad for shop or cottage”. (False or misleading advertising?)

- It’s only a matter of time before this concrete slab and anything on it come sliding down the hill toward our home. (Worrying!?)

- The owners and their young handyman then flip us the ultimate bird by installing two drainage pipes connected to their water collection and point them straight downhill to our property! Right after this, we get our first rain of the season, and cracks appear throughout our home. (All of the above, and courts here we come)

So, instead of a calm, cool & collected conversation between the parties to come to an acceptable resolution that is win-win for everyone, here we are fighting to protect ourselves and our home. Attorney letters, the courts, negotiations with the City that do not include the current homeowners, and complaints filed with the State Real Estate Agency and Contractors Board. I’d ask myself “how did we get here?”, but when I look at the cracks in my home, I know exactly how we got here. (addition 5/27/2011 - and what landed us in court fighting to save our home! Unfortunately, we lost)

Webster’s Definition of a GOOD-NEIGHBOR

: marked by principles of friendship, cooperation, and noninterference in the internal affairs of another country <a good–neighbor

See you out there!

When a Neighbor Crosses the Threshold from Bad to Dangerous – Part 1 of 2