Neighbor wants to use our land temporarily - let them or not?

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fsrph
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Neighbor wants to use our land temporarily - let them or not?

Post by fsrph » Tue May 15, 2018 4:02 pm

We own a residential lot in a resort area of Florida affected by Hurricane Irma.. We do not live in Florida. Received a call from a neighbor for permission to use our land to store materials and forklifts for their new tile roof. Hurricane destroyed it. Would you give permission? Liability concerns?

Francis
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livesoft
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Re: Neighbor wants to use our land temporarily - let them or not?

Post by livesoft » Tue May 15, 2018 4:06 pm

Yes, I would not hesitate to do so and I wouldn't care at all about liability issues.
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munemaker
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Re: Neighbor wants to use our land temporarily - let them or not?

Post by munemaker » Tue May 15, 2018 4:06 pm

fsrph wrote:
Tue May 15, 2018 4:02 pm
We own a residential lot in a resort area of Florida affected by Hurricane Irma.. We do not live in Florida. Received a call from a neighbor for permission to use our land to store materials and forklifts for their new tile roof. Hurricane destroyed it. Would you give permission? Liability concerns?

Francis
Personally I would let them as long as they sign a liability waiver and promise to correct any damage done by their activities (vehicle tire marks, lawn damage, discolored driveway, whatever).

dbr
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Re: Neighbor wants to use our land temporarily - let them or not?

Post by dbr » Tue May 15, 2018 4:07 pm

My inclination as well, but if you are concerned call your insurance company.

ResearchMed
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Re: Neighbor wants to use our land temporarily - let them or not?

Post by ResearchMed » Tue May 15, 2018 4:08 pm

fsrph wrote:
Tue May 15, 2018 4:02 pm
We own a residential lot in a resort area of Florida affected by Hurricane Irma.. We do not live in Florida. Received a call from a neighbor for permission to use our land to store materials and forklifts for their new tile roof. Hurricane destroyed it. Would you give permission? Liability concerns?

Francis
Is it going to do damage, such as to grassy areas?
Who will make sure the land is restored to the same condition. It sounds like there could be some serious "disturbance".

As for liability, I would absolutely call my insurance company to make sure.
The last thing you need is some problem occurring and *then* finding out that it wasn't covered for <whatever> reason.

RM
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livesoft
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Re: Neighbor wants to use our land temporarily - let them or not?

Post by livesoft » Tue May 15, 2018 4:10 pm

And I wouldn't care about tire marks, restoration, or any of that either.
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Loik098
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Re: Neighbor wants to use our land temporarily - let them or not?

Post by Loik098 » Tue May 15, 2018 4:12 pm

Re: liability concerns. A liability claim could occur regardless of your answer.

It would be hard for neighbor to prove that you either gave verbal permission for them to use your land, or denied it, if said neighbor were to file a claim. Or, the answer you gave might not even matter (who knows, I'm not a lawyer, but I do know that nefarious plans can occur regardless of your own actions or words).

Better/easier to be a good neighbor. Extending goodwill can prevent future issues that you may not be aware of as an absentee landowner.

barnaclebob
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Re: Neighbor wants to use our land temporarily - let them or not?

Post by barnaclebob » Tue May 15, 2018 4:16 pm

Assuming you trust them to fix any damage done I wouldn't give it a second thought.
Last edited by barnaclebob on Tue May 15, 2018 4:21 pm, edited 1 time in total.

BAM!
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Re: Neighbor wants to use our land temporarily - let them or not?

Post by BAM! » Tue May 15, 2018 4:20 pm

Depends, do you want to be a good neighbor?

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Re: Neighbor wants to use our land temporarily - let them or not?

Post by Blueskies123 » Tue May 15, 2018 4:30 pm

First, your neighbor could have just used the land without asking so you are dealing with someone who seems to have character.
I would keep it real simple and ask them to send you a signed letter absolving you of any liability from any activity or accidents. Do not come across and a lawyer.
I would ask them how long they intend to use you land. It should not be open ended.

fsrph
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Re: Neighbor wants to use our land temporarily - let them or not?

Post by fsrph » Tue May 15, 2018 4:38 pm

barnaclebob wrote:
Tue May 15, 2018 4:16 pm
Assuming you trust them to fix any damage done I wouldn't give it a second thought.
I've never met the neighbor. They are only there six years. This is getting more complicated. It seems the neighbor has been using the land without asking. The grass cutting service couldn't cut a portion of the lot due to construction materials. Grass cutter asked the neighbor if they have permission to use the lot. Hence the call to me.

Be that as it may, in speaking to the neighbor via phone she sound sincere. Said roof will be done in a week and everything will be as if they never used it. As a gentle suggestion she said during Hurricane Irma the top of one of our pine trees broke off and landed on their pool cage and part of their roof. This was not the main cause of needing a new roof, the high winds peeled it off.

I'm leaning to letting them use the land if they accept liability responsibility and, of course, restore the land to its original condition.

Francis
"Success is getting what you want. Happiness is wanting what you get." | Dale Carnegie

barnaclebob
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Re: Neighbor wants to use our land temporarily - let them or not?

Post by barnaclebob » Tue May 15, 2018 4:44 pm

fsrph wrote:
Tue May 15, 2018 4:38 pm
barnaclebob wrote:
Tue May 15, 2018 4:16 pm
Assuming you trust them to fix any damage done I wouldn't give it a second thought.
I've never met the neighbor. They are only there six years. This is getting more complicated. It seems the neighbor has been using the land without asking. The grass cutting service couldn't cut a portion of the lot due to construction materials. Grass cutter asked the neighbor if they have permission to use the lot. Hence the call to me.

Be that as it may, in speaking to the neighbor via phone she sound sincere. Said roof will be done in a week and everything will be as if they never used it. As a gentle suggestion she said during Hurricane Irma the top of one of our pine trees broke off and landed on their pool cage and part of their roof. This was not the main cause of needing a new roof, the high winds peeled it off.

I'm leaning to letting them use the land if they accept liability responsibility and, of course, restore the land to its original condition.

Francis
In that case, this sounds like a good opportunity to see if they are trustworthy without much consequence. I wouldn't even bring up liability issues just tell them as long as its like it was before your fine to use it.

Whakamole
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Re: Neighbor wants to use our land temporarily - let them or not?

Post by Whakamole » Tue May 15, 2018 4:49 pm

fsrph wrote:
Tue May 15, 2018 4:38 pm
I've never met the neighbor. They are only there six years. This is getting more complicated. It seems the neighbor has been using the land without asking. The grass cutting service couldn't cut a portion of the lot due to construction materials. Grass cutter asked the neighbor if they have permission to use the lot. Hence the call to me.
So... they didn't ask permission, they only called you because they wanted to make sure the first phone call you received wasn't from your grass cutting service?
Be that as it may, in speaking to the neighbor via phone she sound sincere. Said roof will be done in a week and everything will be as if they never used it. As a gentle suggestion she said during Hurricane Irma the top of one of our pine trees broke off and landed on their pool cage and part of their roof. This was not the main cause of needing a new roof, the high winds peeled it off.
This doesn't sound like a suggestion, it sounds like a threat that they are going to sue/turn something over to your insurance unless you say yes.

I don't get a good sense from this neighbor.

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Watty
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Re: Neighbor wants to use our land temporarily - let them or not?

Post by Watty » Tue May 15, 2018 4:53 pm

If there are already underground utility lines like sewer, water, electric,etc in the lot it would be good to have those marked and have them agree to not drive over those. In my area there is a phone number you can call and have those marked for free.

My parents once had a dump truck of topsoil delivered to the front yard and when they backed into the yard they broke the water main.

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Taylor Larimore
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Re: Neighbor wants to use our land temporarily - let them or not?

Post by Taylor Larimore » Tue May 15, 2018 5:13 pm

fsrph:

I agree with your first reply by livesoft:
Yes, I would not hesitate to do so and I wouldn't care at all about liability issues.
If there is one thing I have learned about neighbors, it is the great importance of keeping neighbors as friends.

Best wishes.
Taylor
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DanMahowny
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Re: Neighbor wants to use our land temporarily - let them or not?

Post by DanMahowny » Tue May 15, 2018 5:19 pm

fsrph wrote:
Tue May 15, 2018 4:38 pm
I've never met the neighbor.
Treat a stranger as you would a friend. Trust them as you would a stranger.
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goodyear35
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Re: Neighbor wants to use our land temporarily - let them or not?

Post by goodyear35 » Tue May 15, 2018 8:52 pm

fsrph wrote:
Tue May 15, 2018 4:02 pm
We own a residential lot in a resort area of Florida affected by Hurricane Irma.. We do not live in Florida. Received a call from a neighbor for permission to use our land to store materials and forklifts for their new tile roof. Hurricane destroyed it. Would you give permission? Liability concerns?

Francis
Liability concern? Yes. Probability of liability coming to fruition? Low.

I’m of the mindset that no good deed goes unpunished, but it sounds like they are going to use it anyway.

Carter3
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Re: Neighbor wants to use our land temporarily - let them or not?

Post by Carter3 » Tue May 15, 2018 9:12 pm

Let them use it. who cares about liability. sounds like they have had a hard times, so doesn't hurt to help them out

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Re: Neighbor wants to use our land temporarily - let them or not?

Post by Pigeye Brewster » Tue May 15, 2018 9:15 pm

fsrph wrote:
Tue May 15, 2018 4:38 pm
As a gentle suggestion she said during Hurricane Irma the top of one of our pine trees broke off and landed on their pool cage and part of their roof.
My understanding is that this would be considered an "act of God" and you don't have any liability. If you did, you probably would have heard from the neighbor (or their insurance company) much sooner.

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Re: Neighbor wants to use our land temporarily - let them or not?

Post by rjbraun » Tue May 15, 2018 9:21 pm

livesoft wrote:
Tue May 15, 2018 4:06 pm
Yes, I would not hesitate to do so and I wouldn't care at all about liability issues.
livesoft -- I take it this is your stance regardless of the hurricane aspect, is that right? Or is part of the good neighbor policy a function of the hardship the neighbor has endured as a result of Irma? Just curious, I don't think I have a particular point of view. TIA!

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Re: Neighbor wants to use our land temporarily - let them or not?

Post by jabberwockOG » Tue May 15, 2018 10:14 pm

Pigeye Brewster wrote:
Tue May 15, 2018 9:15 pm
fsrph wrote:
Tue May 15, 2018 4:38 pm
As a gentle suggestion she said during Hurricane Irma the top of one of our pine trees broke off and landed on their pool cage and part of their roof.
My understanding is that this would be considered an "act of God" and you don't have any liability. If you did, you probably would have heard from the neighbor (or their insurance company) much sooner.
Agree. Tree top supposedly from your lot doing damage elsewhere in a storm is not your responsibility (unless it can be proved you knew the tree was diseased or dangerous beforehand and neglected to correct the situation).

I'd agree to land use for a limited time (start date x to end date x) by first requesting they send you a signed waiver of liability and stating they accept responsibility for any accident or any other type of negative event or consequence resulting from their temporary use of your land lot.

VaR
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Re: Neighbor wants to use our land temporarily - let them or not?

Post by VaR » Tue May 15, 2018 11:03 pm

If it were me I would say, "Don't worry about it. Get your house fixed. Hope you get everything back to tip top shape and behind you ASAP. Let me know if there's anything I can do to help. Take Care!"

I don't know if this constitutes constructive agreement, which I'm trying to avoid.

I do agree with those saying that maintaining a good relationship with your neighbors is important. But I recognize the validity of the liability concerns. OTOH, given that I have insurance for my liability concerns, being a good neighbor and having them is more important to me.

joeblow
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Re: Neighbor wants to use our land temporarily - let them or not?

Post by joeblow » Tue May 15, 2018 11:12 pm

Sounds like a good excuse to head to Florida and take your neighbors a bottle of wine to share at their BBQ celebrating their rebuilt home?

livesoft
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Re: Neighbor wants to use our land temporarily - let them or not?

Post by livesoft » Wed May 16, 2018 4:57 am

rjbraun wrote:
Tue May 15, 2018 9:21 pm
livesoft wrote:
Tue May 15, 2018 4:06 pm
Yes, I would not hesitate to do so and I wouldn't care at all about liability issues.
livesoft -- I take it this is your stance regardless of the hurricane aspect, is that right? Or is part of the good neighbor policy a function of the hardship the neighbor has endured as a result of Irma? Just curious, I don't think I have a particular point of view. TIA!
My stance is just being helpful to other people ... especially when it is easy to do so. People have helped me all my life and it is always good to pay it forward (or back).
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Re: Neighbor wants to use our land temporarily - let them or not?

Post by CurlyDave » Wed May 16, 2018 6:29 am

fsrph wrote:
Tue May 15, 2018 4:38 pm

...I'm leaning to letting them use the land if they accept liability responsibility and, of course, restore the land to its original condition...

Francis
You have to understand the reality of this. Your neighbor is not the one using your land. The one using your land is a contractor your neighbor hired to re-roof their house.

The contractor knew when he bid the job that the land did not belong to the person who he was working for, but is using your property as a storage yard in order to save money. Essentially he is forcing you to lower his costs in order to increase his profits. By the time you inspect the property the contractor will be long gone and impossible to even contact to get any remedial work done.

What could possibly go wrong? Well, think deep ruts in the land -- very hard to fix without heavy equipment, or how about thousands of nails spread out on the land.

I would demand the the contractor (not the neighbor) post a bond which will not be released until you have personally inspected the property and signed off that no further remediation is necessary. The inspection to be done at contractor's cost. This may include airfare, lodging and compensation for your loss of income while you are inspecting.

Think of it this way: the contractor knows that he is trespassing on your land, but went ahead a did it anyway to save a few dollars. Can you count on him to be responsible about restoring the land? Personally, I would follow up with a complaint to the state contractor licensing board.

This is not a good neighbor issue. It is an unscrupulous contractor who is violating your rights.

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Re: Neighbor wants to use our land temporarily - let them or not?

Post by gd » Wed May 16, 2018 6:36 am

Don't believe this has been said- I would also politely stress that in addition to your willingness to assist, it's very important to you to be contacted beforehand about such things, perhaps give various contact methods to stress the point.

If it's a manicured lawn, my very limited experience is that construction companies don't have great landscaping skills. You might inquire as to how the restoration will be done.

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Re: Neighbor wants to use our land temporarily - let them or not?

Post by smackboy1 » Wed May 16, 2018 8:47 am

fsrph wrote:
Tue May 15, 2018 4:02 pm
Would you give permission? Liability concerns?
If it were me I would give permission - in writing with terms and conditions shifting liability to them. Liability is a real concern and should not be dismissed just because it's unlikely. If there is an injury or there is an environmental problem and yours is the deepest pocket, that could be bad. Imagine a situation involving a a person badly hurt and/or a truck spills all its oil and fuel into the soil - that could be costly.
Disclaimer: nothing written here should be taken as legal advice, but I did stay at a Holiday Inn Express last night.

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Re: Neighbor wants to use our land temporarily - let them or not?

Post by Ged » Wed May 16, 2018 9:03 am

Taylor Larimore wrote:
Tue May 15, 2018 5:13 pm
fsrph:

I agree with your first reply by livesoft:
Yes, I would not hesitate to do so and I wouldn't care at all about liability issues.
If there is one thing I have learned about neighbors, it is the great importance of keeping neighbors as friends.

Best wishes.
Taylor
I am with livesoft and Taylor on this. Having a neighbor as a friend is worth a lot.

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Re: Neighbor wants to use our land temporarily - let them or not?

Post by deanbrew » Wed May 16, 2018 9:08 am

I wouldn't worry about liability. I don't see that you have any more or less liability for a vacant lot than you do all of the other months you own the land as an absentee owner.

I'm not familiar with vacant lots being manicured and needing mowed. Is this common in FL? In my experience, vacant lots in a subdivision haven't been final graded and planted with grass, and don't need mowed regularly (maybe a couple times a year to knock down the high weeds).

I would certainly grant permission, but also ask that the contractor who decided to trespass clean up and restore the property, including picking up any lumber, nails, etc.
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Re: Neighbor wants to use our land temporarily - let them or not?

Post by fsrph » Wed May 16, 2018 9:21 am

deanbrew wrote:
Wed May 16, 2018 9:08 am
I wouldn't worry about liability. I don't see that you have any more or less liability for a vacant lot than you do all of the other months you own the land as an absentee owner.

I'm not familiar with vacant lots being manicured and needing mowed. Is this common in FL? In my experience, vacant lots in a subdivision haven't been final graded and planted with grass, and don't need mowed regularly (maybe a couple times a year to knock down the high weeds).

I would certainly grant permission, but also ask that the contractor who decided to trespass clean up and restore the property, including picking up any lumber, nails, etc.
This land is in a resort area of SW Florida. Lots definitely need to be cut/trimmed about once a month. City also required sidewalks be installed on the land.

I agree that the contractor should clean up the property but what if they don't? The more I think about this, the contractor had to know he needed permission to use a vacant lot as a staging area. So why should I believe he'll follow thru restoring the land.? The neighbors seem like nice people and said they'd assure me the land will be restored.

Francis
"Success is getting what you want. Happiness is wanting what you get." | Dale Carnegie

rjbraun
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Re: Neighbor wants to use our land temporarily - let them or not?

Post by rjbraun » Wed May 16, 2018 9:30 am

Ged wrote:
Wed May 16, 2018 9:03 am
Taylor Larimore wrote:
Tue May 15, 2018 5:13 pm
fsrph:

I agree with your first reply by livesoft:
Yes, I would not hesitate to do so and I wouldn't care at all about liability issues.
If there is one thing I have learned about neighbors, it is the great importance of keeping neighbors as friends.

Best wishes.
Taylor
I am with livesoft and Taylor on this. Having a neighbor as a friend is worth a lot.
Perhaps I missed it, but I don't recall anything indicating that the neighbor is a "friend". To be fair, I'm not sure I've read anything to show that they aren't, either. I'm all for giving people the benefit of the doubt and whatnot, but, hypothetically, if the neighbor hasn't been accommodating to OP in the past, when the roles were reversed, would you suggest that it's still better to "take the high road" and try to be helpful to the neighbor even if it could be inconvenient or worse (damaged lawn, etc. as others have referenced)?

Not trying to be argumentative, just trying to evaluate if maybe I should work on trying to be "a better person". :?

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Re: Neighbor wants to use our land temporarily - let them or not?

Post by ResearchMed » Wed May 16, 2018 9:32 am

fsrph wrote:
Wed May 16, 2018 9:21 am
deanbrew wrote:
Wed May 16, 2018 9:08 am
I wouldn't worry about liability. I don't see that you have any more or less liability for a vacant lot than you do all of the other months you own the land as an absentee owner.

I'm not familiar with vacant lots being manicured and needing mowed. Is this common in FL? In my experience, vacant lots in a subdivision haven't been final graded and planted with grass, and don't need mowed regularly (maybe a couple times a year to knock down the high weeds).

I would certainly grant permission, but also ask that the contractor who decided to trespass clean up and restore the property, including picking up any lumber, nails, etc.
This land is in a resort area of SW Florida. Lots definitely need to be cut/trimmed about once a month. City also required sidewalks be installed on the land.

I agree that the contractor should clean up the property but what if they don't? The more I think about this, the contractor had to know he needed permission to use a vacant lot as a staging area. So why should I believe he'll follow thru restoring the land.? The neighbors seem like nice people and said they'd assure me the land will be restored.

Francis
"Yes but..."

... They did NOT tell you in advance or "ask permission".
I'd be wary due to this.

Do you have that assurance in writing from the neighbors?
(Thinking worst case/just in case... what if the land isn't restored, and they later deny any involvement?)

RM
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Scrapr
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Re: Neighbor wants to use our land temporarily - let them or not?

Post by Scrapr » Wed May 16, 2018 9:49 am

CurlyDave wrote:
Wed May 16, 2018 6:29 am
fsrph wrote:
Tue May 15, 2018 4:38 pm

...I'm leaning to letting them use the land if they accept liability responsibility and, of course, restore the land to its original condition...

Francis
You have to understand the reality of this. Your neighbor is not the one using your land. The one using your land is a contractor your neighbor hired to re-roof their house.

The contractor knew when he bid the job that the land did not belong to the person who he was working for, but is using your property as a storage yard in order to save money. Essentially he is forcing you to lower his costs in order to increase his profits. By the time you inspect the property the contractor will be long gone and impossible to even contact to get any remedial work done.

What could possibly go wrong? Well, think deep ruts in the land -- very hard to fix without heavy equipment, or how about thousands of nails spread out on the land.

I would demand the the contractor (not the neighbor) post a bond which will not be released until you have personally inspected the property and signed off that no further remediation is necessary. The inspection to be done at contractor's cost. This may include airfare, lodging and compensation for your loss of income while you are inspecting.

Think of it this way: the contractor knows that he is trespassing on your land, but went ahead a did it anyway to save a few dollars. Can you count on him to be responsible about restoring the land? Personally, I would follow up with a complaint to the state contractor licensing board.

This is not a good neighbor issue. It is an unscrupulous contractor who is violating your rights.
Did you use to live next to me? Because your post reminds me of him. He made me sign a liability waiver for lending me a ladder. It went downhill from there.

Perhaps the HO told the contractor that it was OK to stage the material on the lot. Intending to call OP. But missed it in the stress and hub bub with redoing the roof. It's a vacant lot. Perhaps in the future will be disturbed to build a home.

Let's look at it from the flip side. Neighbor sign a waiver, posts a bond and a hold harmless, evidence of insurance & workers comp. Everything goes well. No issues. 6 months down the road an unmarked truck dumps yard debris & chemicals on your vacant lot. Do you really think the neighbor is going to get on the phone and let you know? Karma comes around. And revenge is a dish best served cold

I default to being a good neighbor. Esp as an out of state owner. Feuds have started for less. And that is miserable
Last edited by Scrapr on Wed May 16, 2018 11:23 am, edited 1 time in total.

Jack FFR1846
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Re: Neighbor wants to use our land temporarily - let them or not?

Post by Jack FFR1846 » Wed May 16, 2018 10:08 am

Sell the lot to the neighbor
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goingup
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Re: Neighbor wants to use our land temporarily - let them or not?

Post by goingup » Wed May 16, 2018 10:43 am

At this point be the nice neighbor and let them continue to use your lot. Ask them to clean up well when they finish.

I suspect the neighbor has a nice lawn and thought it wouldn't hurt anything to stage on OP's vacant lot. I wouldn't do that. I'd drop the pallets of tile in my own driveway. But this neighbor and roofing contractor took some liberties. They probably thought no one would be the wiser or it didn't matter much.

I'd let it go. It's really not a big breach and apparently makes life easier for a neighbor who is dealing with some troubles. Ask your yard guy to verify the cleanup.

(PS, I'm in my 50's but I learned everything I know about being a good neighbor from Taylor.)

NextMil
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Re: Neighbor wants to use our land temporarily - let them or not?

Post by NextMil » Wed May 16, 2018 11:06 am

Let them do it, but tell them that their contractor must use your lawn service to repair the yard. That will ensure that you have an honest broker on your side that will look out for your yard.

Big Dog
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Re: Neighbor wants to use our land temporarily - let them or not?

Post by Big Dog » Wed May 16, 2018 11:12 am

'absolutely', but I'd also add, 'your contractor will responsible to repair any damage, correct?' (Just in case his equipment cracks the sidewalk, for example.)

brandy
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Re: Neighbor wants to use our land temporarily - let them or not?

Post by brandy » Fri May 18, 2018 9:01 am

Do you have any idea of what really is happening? If you can't get there, considering hiring a company called https://wegolook.com/ if you don't have someone there to look the situation over and report to you before you decide. I am not associated with them. Or, consider having the mowing service take photos, or hiring a real estate agent to do the same. A few years ago, I was in a similar situation, and hired a local agent for a few bucks, and later, used him to sell the lot.
What is actually there might make a difference to your decision making.

Another instance, the local garbage company started using my landlord's driveway as a transfer station! after the third time I saw that, I asked him if he was aware of it, and never saw the trucks again.

bulkdataman
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Re: Neighbor wants to use our land temporarily - let them or not?

Post by bulkdataman » Fri May 18, 2018 1:05 pm

smackboy1 wrote:
Wed May 16, 2018 8:47 am
fsrph wrote:
Tue May 15, 2018 4:02 pm
Would you give permission? Liability concerns?
If it were me I would give permission - in writing with terms and conditions shifting liability to them. Liability is a real concern and should not be dismissed just because it's unlikely. If there is an injury or there is an environmental problem and yours is the deepest pocket, that could be bad. Imagine a situation involving a a person badly hurt and/or a truck spills all its oil and fuel into the soil - that could be costly.
It is the environmental that should be of high concern. Once the contractor packs up and leaves, what proof is there the contractor was the source of the spill? Your property is in a residential resort area where ground contamination will bring high attention. I have had minor problems with just construction debris dumped on a property 500 miles away. The state complain about it in two separate unconnected certified letters. So I had to straighten it out 2 times. Although it was just debris, not liquid contamination, what a waste of time and $ I had to invest.

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Taylor Larimore
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"Do unto others . . . "

Post by Taylor Larimore » Fri May 18, 2018 1:52 pm

I'm all for giving people the benefit of the doubt and whatnot, but, hypothetically, if the neighbor hasn't been accommodating to OP in the past, when the roles were reversed, would you suggest that it's still better to "take the high road" and try to be helpful to the neighbor even if it could be inconvenient or worse (damaged lawn, etc. as others have referenced)?
Bogleheads:

My answer is an easy "Yes." It is up to each of us to decide what type person we want to be: Friendly and helpful or greedy, fearful and suspicious.

"Do unto others as you would have them do unto you."

Best wishes.
Taylor
"Simplicity is the master key to financial success." -- Jack Bogle

Good Listener
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Re: Neighbor wants to use our land temporarily - let them or not?

Post by Good Listener » Fri May 18, 2018 6:50 pm

I would want to be as friendly as possible as many of you are proposing. I have a question though. Let us say a worker trips or falls or has an accident on your property while moving or lifting the equipment and is killed or severely injured or disabled (he has 5 kids and is a single parent to top it off) ...... who is liable? If you are, then that could be disastrous without a legal waiver of liability and maybe So even with one. If not and your neighbor is liable, then it's different.

So I would find out what my insurance company says. It would be a shame to be bankrupted when you had good intentions. Can you let us at the forum know what they say?

heyyou
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Re: Neighbor wants to use our land temporarily - let them or not?

Post by heyyou » Fri May 18, 2018 6:52 pm

Accountability helps everyone involved to stay honest. Would the HOA want to help you make sure the contractor cleans up?

Yes, let the contractor use your land after you have his full personal ID and his state roofing license info, and a complete set of (hopefully dated) photos showing the current condition of your land, including one photo of the neighbor's damaged house in the background for a time reference. Mention that you are wanting the contractor's info for when you will build there. If the neighbor feels that is too much to ask, inquire in a friendly way about the value of the materials already stored on your land and that your yard guy could haul them away.

Maybe phone photos from the yard guy (for an extra fee) showing both your place and the neighbor's house in case the contractor forgets to clean up before leaving, intending to store materials there for his next job in the neighborhood. Ask your neighbor to abide by and to tell the contractor now, that the last payment will not be made until the cleanup is complete, even if the bank is closing in an hour, on a Friday, before a holiday weekend. The last phone photos to you could be sent showing your clean property with the neighbor's newly roofed house in the background (again sets the time).

donall
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Re: Neighbor wants to use our land temporarily - let them or not?

Post by donall » Fri May 18, 2018 7:59 pm

I would not allow someone to use my empty lot for construction staging. This is not a good neighbor, as they did not ask permission before using your land. If I had this situation, I would let them know that because of insurance reasons they are cannot use your lot.
I once came home and found four people putting up a fence for my neighbor. My bushes and wildflowers were trampled. I could excuse that, but the neighbors never asked me permission to have the fence company come on to my property. I did not make a big deal, but this neighbor continued to do things like this with drainage, etc.

pennylane
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Re: Neighbor wants to use our land temporarily - let them or not?

Post by pennylane » Fri May 18, 2018 8:12 pm

Like a good neighbor.... stay over there!


That’s a no from me.

J295
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Re: Neighbor wants to use our land temporarily - let them or not?

Post by J295 » Fri May 18, 2018 8:32 pm

Simple ... tell them yes. No need to add waivers, warnings, etc.
Last edited by J295 on Fri May 18, 2018 8:35 pm, edited 1 time in total.

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randomizer
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Re: Neighbor wants to use our land temporarily - let them or not?

Post by randomizer » Fri May 18, 2018 8:32 pm

My gut reaction would be to say no, but that's only in the hypothetical sense. I bet if somebody really asked me I would cave in immediately.
87.5:12.5, EM tilt — HODL the course!

sixty40
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Re: Neighbor wants to use our land temporarily - let them or not?

Post by sixty40 » Sat May 19, 2018 2:14 am

Been through this same scenario. The contractor will not restore it to the original condition. It took me weeks and finally got the owner of the company involved to get it done, and it was still not done right. Your neighbor will not care since it is the contractor that is using your property.

I recommend being a good neighbor and allowing them to use you land but make the contractor give you a deposit for what you think it would take to repair it, then multiply that by 2. There is no better motivation than money to get people to perform.

Make sure you get enough to make it worth their while to repair your property to your satisfaction.

blmarsha123
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Re: Neighbor wants to use our land temporarily - let them or not?

Post by blmarsha123 » Sat May 19, 2018 1:34 pm

As someone else posted, sell the lot. As others have posted, be a good neighbor ... this time.

I think that you need to sell or build, or if those are not practical, reclaim your lot as soon as this latest episode is over. Nothing you can or really should do about it now. Odds are this is not the first (or 10th) time that your neighbor has used your lot. Not sure about the local regulations, but maybe you need to be on site several times a year? Maybe you need to fence your lot? You know, show ownership.

There was a celebrated case locally a few years ago where the good neighbors were able to legally seize a portion of an absentee owner's lot because for years the good neighbors had accessed the land (to walk dogs, to hike, etc.) and the owner had done nothing to prevent use, improve the land, and so forth.

likegarden
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Re: Neighbor wants to use our land temporarily - let them or not?

Post by likegarden » Sat May 19, 2018 2:27 pm

I would not give neighbor a permission in writing, only verbal with comments provided here by posters.

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