OFF TOPIC - What to do about conflict with a neighbor...

6/4/2019 3:57:46 PM

So I have a large 2000sqft shop in my back yard which is in the back corner of my property 10 feet from the property line. I have no HOA, no deed restrictions whatsoever. My neighbor has a larger amount of land next to me with some horses. A month ago I came out and my neighbor had a small fire going burning some brush. The fire was right up next to the property line so probably less than 20 feet from my shop. Due to the wind and the difference in elevation the smoke from the fire was collecting in my shop. I drove around to find my neighbor on another part of his property and asked him to put out the fire as I was totally incapable of working in the shop due to the smoke. He said he would stop adding brush to the fire but did not put the fire out and it smoked for hours. My shop is filled with race cars so I moved the nicer ones out and had to air out the building for a day to get rid of the smell.

Fast forward to today and he has another brush fire going in the same spot. I couldn't see him anywhere so I just took a garden hose and put out the fire. A few hours later I hear him yelling so I walk out of the shop and he is pissed and saying that I am the rudest neighbor he has ever seen. I tried to explain twice that the smoke was building up in the building and could potentially cause smoke damage to the cars inside. He could not understand how anything in my shop could be damaged. The discussion wasn't accomplishing anything so I just walked off. No point in letting it escalate.

So what to do now...?

Send him a registered letter asking him to move his bonfire location further from my shop? Threaten him with the possibility of a property damage small claims suit?

39 comments

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twentyfive

•

6 years ago

File a complaint with code enforcement open burns are prohibited in most locales

san_jose_guy

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6 years ago

Verbal warning, then fire dept. They could fine him. Maybe just go direclty to fire department.

SJG

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doctorevil

•

6 years ago

Yes, definitely write a letter and put him formally on notice that his actions are causing you damage. Will make a court case much easier if it comes to that.

jackslash

•

6 years ago

Wait for him at 2AM.

Call.Me.Ishmael

•

6 years ago

Have a letter delivered by a lawyer warning of the legal consequences and next steps by you should he continue to burn in that location. Depending on your lawyers opinion, that letter may need to be CCed to the local fire department and zoning board.

Any direct interaction between you and the neighbor at this point will potentially create more harm than good (legally or otherwise).

san_jose_guy

•

6 years ago

If a fire is burning the fire dept will come right out and respond decisively. If preparations are made for an unapproved fire, they will come out. Don't need to deal with lawyers or civil courts.

SJG

Papi_Chulo

•

6 years ago

Put him on Ignore

Papi_Chulo

•

6 years ago

Have you asked him why he can't set the fire in another part of the property so it won't affect yours.

Also, take some vids - a vid says a million words.

Kajohnston

•

6 years ago

Maybe try a carrot first and get him drunk. Otherwise, use the formal complaint/legal action others recommended.

flagooner

•

6 years ago

pop a cap in his ass

RandomMember

•

6 years ago

Maybe this will help:

https://firerestrictions.us/

MackTruck

•

6 years ago

I like Jackslash's idea...

If you need me to I will dump a load in his basement Pauldrake

twentyfive

•

6 years ago

^ why not drop a load on his neighbors fire, that would be hot shit 😁

MackTruck

•

6 years ago

That is a good one. I may start selling hot surprises!

ime

•

6 years ago

Send him a bill for having the cars cleaned and detailed.

crazyjoe

•

6 years ago

I had a serious issue with a neighbor a couple years ago and it was ongoing for a while. That is no fun. I ended up taking a big step forward and involved law enforcement. If the same thing had happened 5 years earlier they would have been seriously fucked. They were lucky to deal with the cops instead of me...

RandomMember

•

6 years ago

What if there's no local/state/federal laws against the open burn? Maybe the law is on his side?

crazyjoe

•

6 years ago

Calling the cops was a first for me

san_jose_guy

•

6 years ago

^^^^^ that does solve it, 911.

If the fire is posing a danger, or illegal, that guy will regret it.

SJG

pistola

•

6 years ago

I’d have another convo with the guy and reason with him for a solution. Let him know no hard feelings but you’ll be forced to look into it legally. At least give him the heads up. That said, don’t know about the laws, you may need to look into a ventilation system if he isn’t breaking any. You usually need burn permits depending on how big the fire is so I’d google ‘burn permit’ and your jurisdiction.

likes2look

•

6 years ago

It depends on where you are. ,
My state allows burning brush with a permit in rural areas. However, leaving a fire unattended is a violation. So you may have some leverage there.

Liwet

•

6 years ago

If you see a fire, you call the fire department.

doctorevil

•

6 years ago

It doesn't matter if he has a burn permit or isn't breaking any statutes/ordinances. He isn't allowed to do something on his property that's otherwise legal that causes you damage. It's basic common law negligence and/or nuisance. Plus the second time he was letting it burn unattended (probably not allowed even if you have a permit). Next time, the fire could actually spread to your shed, not just smoke. You already talked to him nicely and he blew you off. I would write him a letter.

WillMunny

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6 years ago

Unless there's some restriction on the burning, your neighbor may not have done anything wrong, legally or ethically.

He doesn't control the wind, and he didn't store these cars in a shed that somehow captures smoke from outside (yet mysteriously fails to exhaust same?). If the shed doesn't have adequate weatherproofing and ventilation for this not to be a problem, anything you're storing in there isn't going to hold up well with just routine changes in seasonal temperature & humidity.

jester214

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6 years ago

I'd take a small peace offering, maybe a six pack, and try to reason with the guy. This could save a lot of time and petty bullshit.

If they won't reason then I'd start exercising legal options.

Skin4Win

•

6 years ago

Flaming bag of dog poop on the front porch daily til it ends.

PaulDrake

•

6 years ago

So I technically live within city limits but my neighbor does not. His property is considered unincorporated so there are no city laws.

I need to look into what Texas state law is about brush fires.

Hopefully he calms down about the situation. His property is larger than mine 5-10 acres at least so there is a ton of other area to make a fire.

Lone_Wolf

•

6 years ago

Try talking to him again one more time. Be cordial. Neighbors can make lives a living hell. Going to war should be a last result.

Clubber

•

6 years ago

I don't live in any restricted area other than being close to the Everglades. We can burn out here, but we do have to get an OK from the local fire station. I don't always do that and I have had police drive by, but never any issues with anyone, always a small fire and am care of where the wind is blowing the smoke. I would never leave a fire unattended.

If someone else is burning, I would only say something if they didn't stay outside and monitor the fire. As Wolf said, Don't make an enemy of the fellow.

Also, I find it a bit strange to not have AC or some sort of climate control in the shop if the cars are as nice as you make them out to be.

Nidan111

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6 years ago

I do believe know how close his fire is to your land, but personally, I would play the opposite asshole. I purchase a very strong stream water sprinkler and set it up to spray one direction. Every time he lights a fire, I water his fire. His fire is on his land, your sprinkler is on your land. His smoke invaded your property, your water invaded his property. Maybe, there can be a resolution to move each other’s shit to different locations on each’s property so that he can have his smoke fly into the air while you can have your water fly into the air. Just a thought ....

Nidan111

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6 years ago

I do believe know = I do not know how close ..... damn fat fingers!!!

4got2wipe

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6 years ago

I’m surprised nobody has suggested a flaming bag of shit on his porch.

If you really want to get the message through, collect a bunch of bags of shit, spell out “NOT BRILLIANT” on his lawn, and light them afire.

See how many bags he stomps before realizing they are all filled with shit. Make sure to film and post on YouTube! ;)

MackTruck

•

6 years ago

^^^ Brilliant idea!

flagooner

•

6 years ago

@Skin4Win +1
Or I guess that's +2

mark94

•

6 years ago

I would have immediately called 911 to report the fire. If nothing else, that would have documented what he was doing. Likely, the fire department would issue him a warning about an unattended fire. That gives you leverage no matter what your next step is.

gammanu95

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6 years ago

Take a video of the unattended fire, and how it is collecting in your garage and damaging the cars.

Then invite him up to your garage to show how it was collecting and damaging your property.

If he refuses to change his unattended burn habits, have your lawyer send a cease and desist letter.

Escalate as needed, but dont become a 2AMer.