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04 January 2007 @ 09:07 pm
Well, ain't this some shit?  
/Rant

Remember my fence that was damaged when the town's tree removal crew wrecked it?  Get this.  My husband gets a call today from an attorney that handles claims of this nature for the town telling him that he has to submit a special form (which costs $3) and with this, we have to go on record as disputing our property line.  WTF?  We're not disputing anything, we just want our fence and shed fixed.  Let me back up a bit and explain.  Directly behind our house is a large open field that runs the length of the entire block.  This is owned by the town.  Most people on the block don't have fences and usually have some type of shrubbery separating their yard from this field.  Our fence was put in by the previous owners and is set aprox. 6-8 feet behind our actual property line.  When we were buying the house and had all the usual inspectors, surveyors, and what have you, look at the house and make sure everything was up to code and on record with the town, nothing was ever said about the fence. 

So, Mr. Fancy-pants lawyer is basically saying, in his round-about sneaky lawyer way, that because our fence is technically on town property, they ain't gonna pay fer shit.  Now, he didn't say that specifically, but told hubbie that he has to do all these things to process the claim and hinted that it's not going to go anywhere because we have no leg to stand on.  I am so fucking pissed off, you have no idea.  So, because the town didn't bother to do their job when we bought the house, we are not left holding the bag on their fuck up.  Their tree crew was negligent and caused damage and we have to pay for it?  And why, for 6 measly feet?  We could try and fight it, but they could come back at us and hit us with fines for the fence or some BS like that.  Wait, let me bend over a little more so you can shove that fist further up my ass.

/end Rant
 
 
Current Mood: pissed offpissed off
 
 
 
Fran: Grrr! Kyo (Fruits Basket)franwi on January 5th, 2007 04:20 am (UTC)
Man, what a-holes! I wonder if you can bypass that and go after the driver directly for damages?

But yeah, sounds like they have you over a barrel with this one. If you press it, they'll probably insist you move the fence back onto your property - at your own expense.
evilkat_meowevilkat_meow on January 5th, 2007 12:25 pm (UTC)
Doubtful. I'm sure they'd just say that we have to "speak with the supervisor" and you saw what that got us.
Jukeboxjukebox_csi on January 5th, 2007 04:26 am (UTC)
I wonder if your state has any kind of "common rights" law that says if the fence has been disputed after x many years, the property automatically reverts to the owner of the fence? I'm not saying that right, but something like if a neighbor encloses part of your property within their fence, and you don't dispute it for like 7 years, then that property automatically becomes yours. Seems like I've heard of some states having laws like that. Might be worth a check.

But otherwise, I have to agree with the other comment that if you try to push it, they may say "fine, you must move the whole fence off the city's property and back onto your own property" at your expense.
Jukeboxjukebox_csi on January 5th, 2007 04:28 am (UTC)
Oh, and have you paying property taxes to the city, county, or state on that piece (assuming property tax is collected where you live)? If so, that might be another point in your favor.
evilkat_meowevilkat_meow on January 5th, 2007 12:27 pm (UTC)
I'm not sure, but we have a friend who is a real estate lawyer, so we'll pick his brain. I'm pretty sure there is nothing we can do. -_-