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garnerfamilycircus

MN - Boundary/Zoning/Harassment issues

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I bought my home in 2013. Before we purchased, in 2006, the neighbor had added an asphalt parking pad to the side of his garage. The pad was poured over the property line as well as landscaping (bushes, which I removed). In 2018, I reported him for a zoning violation as the pad wasn't supposed to be within 5 feet of the property line per code in 2003. 
 
The zoning office decided he did not need to remove the pad in its entirety because he claims the pad was poured in 1977. I have sent them GIS photos from 2005 showing that there was no parking pad yet they ignored this and then eventually stated that the city is "not in a position to enforce something that occurred 12 years ago". 
 
There are 3 property pins on that side of my property. We have found the front and back pins but the middle pin is either missing or still under his parking pad. I wanted to put in a fence, but zoning says I cannot do so until ALL pins are exposed. I got quotes from surveyors, cost to find pins is $450 minimum. Cost for a fence just to keep him off my property will be a couple thousand that if I'm being honest, I don't easily have but will figure it out. But then I have the risk that if his parking pad remains, he will hit the fence with his vehicle. The parking pad is angled so that he would hit a fence if he tried to park there. Zoning says that would be a civil matter and they won't get involved with property damage, obviously, but let's not forget that it's a zoning violation to have a fence in disrepair. Zoning then suggests I have the fence installed a few feet off the property line...where I would have to remove several mature white oak trees that are perfectly healthy. 
 
As for the non-zoning issues, but I feel they are important to mention:
 
Harassment by neighbor goes back to 2013. In the last year, it has gotten so bad that my four kids don't like to be outside. He stares at them while they play, and recently followed my two terrified daughters (ages 11 and 13) on a walk. He told an officer he followed them because they flipped him off which is not true. 
 
He mows several feet onto our property, even though I've asked him not to and the last time he did, he mowed a zig zag. I have contacted the police department on two separate occasions this month and each time, he told the officers he wouldn't do it again. A third officer (he called), he told them he was going to rip out my hostas. So basically the officer said, wait for him to do it THEN call me. 
 
In 2018, he called my husbands employer to try to get him fired. He threatens to call CPS on us. He called our yellow lab over towards him then threw a firecracker into our yard and the dog picked it up - thankfully he dropped it right before it exploded. 
 
There is more, but that is the basics of it all. Everyone tells me to get a harassment order but I am hesitant to do so for fear of things escalating. The neighbor told me years ago that he doesn't go to his home state to visit family because he has a criminal record and open bench warrants. I just can't figure out where to start with this whole issue. 
 
 
 
 

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It has already escalated to the point where you either go all in or bend over and take it.

 

My suggestion: Get the plat diagram from the county. If the property line on that side is a straight line between the corners, buy yourself 5 or 10 300 pound boulders and have them laid out just on your side of the property line along the pad. If he hits a boulder with his car it means he drove on to your property and that's his problem.

 

Yeah, he will yell and scream and might even sue you, but that's the risk you take with a lunatic neighbor.

 

Or, you can sue him and seek an injunction compelling him to remove the pad. Home owners typically have the right to sue neighbors to enforce zoning and deed restrictions.

 

Another alternative is to sell your house and move. I had to do that years back because of a crappy neighbor.

 

 

 

 

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16 hours ago, adjusterjack said:

It has already escalated to the point where you either go all in or bend over and take it.

 

My suggestion: Get the plat diagram from the county. If the property line on that side is a straight line between the corners, buy yourself 5 or 10 300 pound boulders and have them laid out just on your side of the property line along the pad. If he hits a boulder with his car it means he drove on to your property and that's his problem.

 

Yeah, he will yell and scream and might even sue you, but that's the risk you take with a lunatic neighbor.

 

Or, you can sue him and seek an injunction compelling him to remove the pad. Home owners typically have the right to sue neighbors to enforce zoning and deed restrictions.

 

Another alternative is to sell your house and move. I had to do that years back because of a crappy neighbor.

 

 

 

 

 

I'm not one to bend over and take it, lol. 

 

Yes, it is a straight line - there is a 3rd pin because of a change in elevation that leads into a pretty heavily wooded area. I spoke to a lawyer last night who mentioned the injunction also but said to get a survey first...however I LOVE your suggestion of boulders. I can't believe I didn't think of that! It's in an easement so technically not allowed but hey, he's got a parking pad poured in the same easement so...it's a risk I'm willing to take. 

 

We have considered moving, but my husband is a paid on call firefighter and we are restricted on where we can live in order for him to stay in the department - and collect his pension in a few more years. 

 

Thanks so much!! 

 

 

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