IN THE HOPE THAT THIS MAY HELP SOMEONE ELSE, THE STORY OF MY NEIGHBORS LAWSUIT. THINGS I LEARNED, STARTING AT THE END- THE BEST PART.

Thursday, August 18, 2011

GOOD NEIGHBORS MAKE GOOD FENCES

   I COULD HAVE SAID IT DIFFERENTLY, BUT IN HINDSIGHT, THAT WOULDN'T MAKE SENSE. ON DEC. 19, 2005, AFTER NEARLY 2 MONTHS, WITH NO RESPONSE FROM THE NEIGHBORS, ARLENE AND I DECIDE TO GO LOOK AT FENCES. THE FIRST DEFINITION OF FENCE OFFERED BY THE OXFORD ENGLISH DICTIONARY IS AS A MEDIEVAL VERB MEANING "THE ACTION OF DEFENDING". TO FENCE, THEREFORE , WAS TO ENGAGE IN AN ACT OF SELF-DEFENSE.
   I KNEW I COULDN'T JUST PUT UP A FENCE WITHOUT CHECKING THE LAWS ON FENCING, SO I WENT TO THE TWP. AND PURCHASED "TOWNSHIP OF ROSTRAVER - ZONING." AFTER FINDING LANGUAGE THAT INDICATED TO ME THAT I COULD INSTALL A FENCE IN A UNOPENED  ALLEY BETWEEN FRONT AND REAR LOTS, AND CHECKING WITH THE ZONING OFFICER TO BE SURE, AND AFTER HIS APPROVAL, I WAS GOOD TO GO.
    THOUGH WE HAD TALKED ABOUT A FENCE YEARS BEFORE, I FELT I COULD DEAL WITH THE ANNOYANCES PLUS CLEANING UP DOG CRAP AND TIRE CLEANING AFTER CUTTING GRASS. AFTER ALL, IT'S ONLY ONCE A WEEK OR SO, NO NEED TO UPSET NOBODY. BUT AFTER RECEIVING A LETTER FROM AN ATTORNEY, THEN HAVING FOUR SHRUBS PLANTED ON OUR PROPERTY, WE DECIDED IT WAS TIME TO PUT UP A FENCE, SOMEBODY AT WORK MADE A FUNNY JOKE ABOUT THIS, BUT, NO WE DIDN'T WANT THE NEIGHBORS SHRUBS. "PLEASE REMOVE THEM".........BUT THEY DIDN'T UNTIL THE DAY [ 1-4-2006] THE CONTRACTOR WAS THERE TRYING TO SET FENCE POSTS IN THE GROUND. BILL CAME HOME EARLY FROM WORK AND CUT TWO 150 FEET LONG LENGTHS OF ROPE. I WOULD HAVE GLADLY TAKEN DOWN THE ROPE SO THE SHRUBS COULD MORE EASILY HAVE BEEN MOVED.
   BUT, ALAS, THE FIRST OF MANY POLICE EVENTS. THE ROPE WAS TIGHTLY STRUNG FROM PROPERTY POINT  TO PROPERTY POINT TO SHOW THE FENCE CONTRACTOR THE BOUNDARY LINE. I HAD DECIDED THAT I WANTED THE POSTS "SETBACK" FROM THE BOUNDARY LINE 4 TO 6 INCHES SO THE FENCE WOULD BE ON MY PROPERTY. IN HINDSIGHT WHAT A GOOD DECISION THAT WAS. 
   TWO DAYS LATER I NOTICED A SURVEY TRUCK ON THE ROAD WHILE I WAS THERE AT THE FENCE POSTS. WHEN I APPROACH THE SURVEY CREW, MY OBVIOUS LOOK OF CONCERN IS ALLEVIATED WHEN I FOUND OUT THAT IT WAS THE SAME COMPANY THAT DID MY 2003 SURVEY. SO, NOW THIS COMMON BOUNDARY IS GOING TO BE SURVEYED A THIRD TIME [ 1989, 2003 AND 2006 ].  ON 1-11-2006 THE CEDAR FENCE IS FINISHED AND LOOKS GREAT, EVEN THE NEIGHBOR LIKES IT, I'M TOLD.  IN THE MEANTIME, ANOTHER VERY OMINOUS THING IS HAPPENING.
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