Uh, yeah, go ahead and replace the 10ft of my fence that you took down without any permission.

And I'm sure we can come to an agreement ($$$) on use of my property for your business.

I purposely had my wrought iron fence installed 1 1foot INSIDE my property 30 years ago just to avoid any possible future problems. I discussed this with him. He said he still needed the fence to come down!

he needs YOUR fence to come down??? if someone told me that, I'd either be an ass and say no way at all, or tell him he could buy the fence at $1000 per foot

I'd tell him if he touches my fence again he could discuss it with my friend Mr. Shotgun. They are trespassing.

YellAg2004 said:

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You're definitely taking the right approach. Deal with the developer, not his contractor or sub contractor. Their money and issues are between them, not your problem. I'd also make the developer aware that as of now, he owes you 10' worth of wrought iron fence.

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This, this, this.

Tell the guy to stay cease all activity on your property until a representative with the owner comes to talk to you. Call the cops if the guy won't stop taking down your fence. You don't care what that guy says. He is a contractor's, sub's, sub's, sub. He has no idea what he is talking about. You want to talk to the developer's architect or engineer, or the developer himself.

Here are my two cents and they all basically amount to it sounds like you need a signed agreement with the developer. here are my thoughts on what it should include

Southlake said:

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So, they are developing the land behind my house and are putting up an 8 foot privacy fence. I have a 5 foot wrought iron fence in place now. They actually tore down the first 10 feet of my fence and started putting up the privacy fence.

Guy knocks on my door and tells me he'd like to tear down my wrought iron fence so he can erect the privacy fence. ( He's already started without my permission while I was overseas).

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here he owes you damages in some amount for trespassing and destruction of property. in return for his paying you damages in an agreed amount, you agree to waive your right to press charges for this incident

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Said he'd tear down the wrought iron fence and haul it away - except for the fence posts because they are too labor intensive, although he would cut them off at the base.

I told him I'd just assume keep the wrought iron fence up and he could build the privacy fence behind it, unless he also took away the fence posts. He said he couldn't do that, but he couldn't put the fence up while my fence was up.

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he needs to agree to either remove fence fully and properly (this should be spelled out in detail in writing) or he needs to take it down to put up the fence and then restore your fence to its original condition. This option will be whichever you prefer and needs to be in the agreement. there should be additional financial consideration paid to you for which ever option you allow if any.

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And, he wants to use my yard to keep his work supplies, use my water hoses and my electricity!

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if you are willing to agree to this, it needs to be in the agreement and you are basically signing a surface use agreement. for this there should be a consideration paid to you on a daily,weekly,monthly basis for the duration he uses your property, as well as reimbursement for your water and electricity charges over and above what you have paid on average over the last 3 months. and he needs to restore any damage to your property back to original condition (you need pictures of original condition if you plan to agree to this). and there needs to be financial remedies for you should he breach any provision in the agreement.

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But he won't dig up the fence posts because it's too much labor. He gets paid by the job and doesn't want to pay his Mexican workers extra to pull up the posts.

What say you? I told him I'd speak to the developer who hired him and we'd try to work something out, but my fence is on my property. Technically, he's already broken the law by tearing down 10 feet of my fence without permission.

Any inputs? Not too happy about this.

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i agree with others that this should be an agreement with the developer as ultimately the project is his responsibility. if you want to work with him at all you are essentially looking at a surface use agreement. if you don't want to work with him, at bare minimum you need an agreement in writing that he owes you damages plus he has to repair your 10 ft of fence all in exchange for not pressing charges. this piece could technically go against the contractor, but i personally would start with the developer. also, if at least this first piece is not agreed to immediately i would call the building code enforcement office (or perhaps non-emergency police line) and get them shut down until the issue can be resolved. and i can't reiterate enough, take pictures of everything, and get every communication in writing starting ASAP.

if you need help with a draft surface use agreement and don't want to involve (pay) a lawyer just yet, let me know and i am happy to help. i have a few templates i use for SUAs for work.

Sounds like the sub's attitude really sucks.

You need to go scorched earth in your response to this. Anything less than that they will continue to take advantage of you.

Picard said:

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You need to go scorched earth in your response to this. Anything less than that they will continue to take advantage of you.

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agreed, if you don't feel somewhat like a jerk in your own head with how you are acting towards him, you are probably leaving too much on the table. they already started the relationship with trespassing and criminal destruction of property, so keep that in the forefront of your mind in these conversations.

And. A wooden privacy fence in Southlake? They don't require masonry walls there?

where are they putting up the privacy fence they already installed if you put your fence up 1 foot inside your property line?

All these responses seem very reasonable and smart but I offer for your consideration that you should tear their fence down back.


(Don't do that)

I'm a lawyer. Let me know if you need any help. These are the fun ones.

I'm a not a lawyer, but I have special skills in these situations. Let me know if you need any help. These are the fun ones.

2wealfth Man said:

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I'd tell him if he touches my fence again he could discuss it with my friend Mr. Shotgun. They are trespassing.

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Settle down, Rambo.

If you don't already have one, get a survey with your fence shown!

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Settle down, Rambo.

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We get it....guns offend you. Take it to the politics board, Francis.

Filed a police report today. Cops came out and took pictures. I did not file charges. Will use this as leverage when I meet with the developer in the morning.

Good job.

Southlake said:

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I purposely had my wrought iron fence installed 1 1foot INSIDE my property 30 years ago just to avoid any possible future problems. I discussed this with him. He said he still needed the fence to come down!

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Replace a wrought iron fence with a wood one, and do it on my property without permission? Yeah, they can go and **** themselves with that one.

I'm following this one. This sounds juicy. Texags has the best fence threads.

hodgesco said:

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Settle down, Rambo.

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We get it....guns offend you. Take it to the politics board, Francis.

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I think it's more along the lines of "settle down and don't do anything dip **** stupid that will land you in way more debt and trouble than handling things like an educated person not living in a 1975 double wide in Oklahoma".

HTH

You may also want to let the developer know that you will be involving the City if this doesn't get resolved properly. The City takes the concerns of its citizens, in issues like this, very seriously.

2wealfth Man said:

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BrazosDog02 said:

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hodgesco said:

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Quote:

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Settle down, Rambo.

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We get it....guns offend you. Take it to the politics board, Francis.

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I think it's more along the lines of "settle down and don't do anything dip **** stupid that will land you in way more debt and trouble than handling things like an educated person not living in a 1975 double wide in Oklahoma".

HTH

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you mean like the educated way the fence guy or his sub has handled things. We aren't dealing with the top of the evolutionary ladder based on the facts that have been presented.

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Maybe or maybe they screwed up because **** at home distracted them. Either way, keep the gun in the gun case and be civil, which it sounds like the OP has done.

WTF?