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##_Adverse conditions_##

##_Adverse conditions_## (post #128956)

MikeSmith on Fri, 01/06/2006 - 04:32

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nice couple last summer called and said they'd like to talk about building a house.. we met... budget seemed right.... plans needed a redesign..

about the third design we agreed... a 32 x 44 Cape, with a 12x14 breezeway.... and a 28x28 garage...

one twist.... their neighbors claimed to own the land.. seems my customers bought their land at the bottom of a hill on a large pond, about 1990..

three years later, someone bought the abutting house up the hill ... on the other side of a 40' paper road owned by the town.

they proceeded to mow about a 20' strip of my customer's land ... and plant a small garden on it ( in other words... 60' beyond their property line)

about 2000, my customers began to actively start construction..... they needed Coastal Assents ( because of the pond.... a coastal "feature" ).. they needed Zoning... they needed a sewer hookup ( 700' pump-up to the sewer at the top of the hill)......hired an Engineer... and a Designer....... and committed to a Contractor for a 34 x 55 Cape....

then the abutter took them to court claiming adverse possesion of the 20' strip.. which of course would cloud the title, and reverse the Zoning assent... well , the judge threw it out..... denied all of their claims...

anyways... they are both lawyers, so they continuously harrass my customers with motions and verbal abuse...

here's what the site looks like

Mike Smith Rhode Island : Design / Build / Repair / Restore

www.mfsmithbuilder.com

(post #128956, reply #1 of 1875)

by MikeSmith in reply to MikeSmith [original] on Fri, 01/06/2006 - 04:41

we finally got all of the contract documents and plans, and got a start date from my digger...

met with the building inspector.. he wants silt fence and stoned construction driveway before we start excavation

we show up and the abutter has the driveway blocked with his minivan

here's his van... right next to green line he claims to be the land he got thru adverse possession

here's the real property line...right thru that pile of loam, about 20' up the hill

so we call the cops ( who are very familiar with this case )..

they call the Town Engineer, and the Building Inspector... they come out and stake out the paper road, and show the cops where the propert lines are

then they tell us to call a tow truck.. just as the tow truck is about to hook up , they guy comes out of his house and moves the van back to his driveway..

cops leave...

Mike Smith Rhode Island : Design / Build / Repair / Restore

Edited 1/5/2006 10:43 pm ET by MikeSmith

Edited 1/5/2006 10:44 pm ET by MikeSmith

Mike Smith Rhode Island : Design / Build / Repair / Restore

www.mfsmithbuilder.com

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(post #128956, reply #2 of 1875)

by jimblodgett in reply to Anonymous [original] on Fri, 01/06/2006 - 04:44

Those neighbors home during the day, Mike? You got a loud radio? Maybe a couple old Richard Prior tapes lying around?

TIPI,TIPI,TIPI!

(post #128956, reply #5 of 1875)

by MikeSmith in reply to Anonymous [original] on Fri, 01/06/2006 - 04:57

hey, this was December 15th... lot's of activity since then...

dug the const. drive....

even had a supervisor... this seagull hung around everytime we turned over some loam... after the worms... he also got my doughnuts !

stripped the loam,

laid out the grades and offsets with my trusty K&E

and got the stone in the hole so joe could set and pour his footings

then we boogied for NC and christmas with the kids and the grandson

Mike Smith Rhode Island : Design / Build / Repair / Restore

Edited 1/5/2006 11:00 pm ET by MikeSmith

Edited 1/5/2006 11:01 pm ET by MikeSmith

Mike Smith Rhode Island : Design / Build / Repair / Restore

www.mfsmithbuilder.com

(post #128956, reply #9 of 1875)

by DavidxDoud in reply to Anonymous [original] on Fri, 01/06/2006 - 05:13

looks like you are doing it already - log/record every provocation - hard to imagine this one not being contested again, repeatedly -

othewise it looks like a plum job - please keep us updated on progress -

regards -

Edit to add: I see that your project is changing the abutters view -

"there's enough for everyone"

Edited 1/5/2006 11:19 pm ET by DavidxDoud

"there's enough for everyone"

(post #128956, reply #14 of 1875)

by MikeSmith in reply to Anonymous [original] on Fri, 01/06/2006 - 05:25

dude got a Temporary Restraining Order served on my customer... we were not to "contact, harrass, or provoke him "

Tuesday, the judge dismissed that and set a date for a jury trial , consolidating the claims and counterclaims....

me... i'll peacefully build the house... of course, the guy still parks just as close as he can to incoinvenience the access to the job...

but , one thing's for sure... we have been real lucky with this weather.. it was 40 deg. today...

Mike Smith Rhode Island : Design / Build / Repair / Restore

www.mfsmithbuilder.com

(post #128956, reply #3 of 1875)

by calvin in reply to Anonymous [original] on Fri, 01/06/2006 - 04:46

Best of luck Mike.

A great place for Information, Comraderie, and a sucker punch.

Remodeling Contractor just outside the Glass City.

Quittin' Time

A Great Place for Information, Comraderie, and a Sucker Punch.

Remodeling Contractor just outside the Glass City.

http://www.quittintime.com/

(post #128956, reply #4 of 1875)

by MikeSmith in reply to Anonymous [original] on Fri, 01/06/2006 - 04:50

anyways... cops leave... guy comes back out and starts taking pictures of everything..., including me... walks over and tells me he'll own everything i have... and everything my excavator has..

here he is taking my picture of me taking a picture of him

then he goes back in the house, and comes out .. drives across his lawn and parks right next to the backhoe.. hoping he can provoke my digger into damaging his car..

we call the cops , they come out and tell him to move again ( he made the mistake of parking 3' over the property line )

Mike Smith Rhode Island : Design / Build / Repair / Restore

Edited 1/5/2006 10:51 pm ET by MikeSmith

Mike Smith Rhode Island : Design / Build / Repair / Restore

www.mfsmithbuilder.com

(post #128956, reply #6 of 1875)

by dieselpig in reply to Anonymous [original] on Fri, 01/06/2006 - 04:58

ROAR!!!! You still got it buddy!

(post #128956, reply #7 of 1875)

by andybuildz in reply to Anonymous [original] on Fri, 01/06/2006 - 04:59

Should be a real joy of a job. I can only imagine! What a duche bag.
And I thought fences were a problem. I've seen fights like you wouldn't believe because of fences...this has to be killer!
Good luck, and good night, and watch yer back...
Bewarned
a...

The secret of Zen in two words is, "Not always so"!

When we meet, we say, Namaste'..it means..I honor the place in you where the entire universe resides, I honor the place in you of love, of light, of truth, of peace. I honor the place within you where if you are in that place in you and I am in that place in me, there is only one of us.

http://www.cliffordrenovations.com

(post #128956, reply #8 of 1875)

by MikeSmith in reply to Anonymous [original] on Fri, 01/06/2006 - 05:08

anyways... NC was great... 14 hours down and 14 hours back....

Roy was glad to see me , said he didn't like dealing with the abutters

the weather screwed around with us and last week we finally set the forms for the house & breezeway....

then poured... all of the mixers in our area are front-discharge now

the back wall was inaccessible.. so we helped the form guys pull the mix around to the drop and across the low area.... saved a pump charge..

Mike Smith Rhode Island : Design / Build / Repair / Restore

Edited 1/5/2006 11:09 pm ET by MikeSmith

Mike Smith Rhode Island : Design / Build / Repair / Restore

www.mfsmithbuilder.com

(post #128956, reply #10 of 1875)

by MikeSmith in reply to Anonymous [original] on Fri, 01/06/2006 - 05:15

Joe stripped the forms on Monday.... and Tuesday we snapped the ties and coated the foundation

rain yesterday.. and today started out with rain.. so we had a Safety Meeting at Tommy's Diner ( "scaffolding " was today's topic .. conducted by our safety officer , Chuck ).. then started putting the sill on , while Randy was hauling gravel

Mike Smith Rhode Island : Design / Build / Repair / Restore

Edited 1/5/2006 11:16 pm ET by MikeSmith

Mike Smith Rhode Island : Design / Build / Repair / Restore

www.mfsmithbuilder.com

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(post #128956, reply #11 of 1875)

by MikeSmith in reply to Anonymous [original] on Fri, 01/06/2006 - 05:18

set the sills

and stoned the garage area so Joe can set and pour his footings tomorrow

Mike Smith Rhode Island : Design / Build / Repair / Restore

Edited 1/5/2006 11:19 pm ET by MikeSmith

Mike Smith Rhode Island : Design / Build / Repair / Restore

www.mfsmithbuilder.com

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(post #128956, reply #13 of 1875)

by G80104 in reply to Anonymous [original] on Fri, 01/06/2006 - 05:22

Mike in picture 13, whats the Green Drum on the left, You guys play Bingo or something @ lunch time?

Here to hoping the Pats make it to Denver on the 15th!

(post #128956, reply #16 of 1875)

by MikeSmith in reply to Anonymous [original] on Fri, 01/06/2006 - 05:29

glen...

that's his compost maker... and his loam pile... part of his Adverse Possession attempt

first thing we did was pick up his loam pile and dump it on his lawn....

those "weeds" in the foreground are her "flower garden ...

this is her on her deck , taking my picture ... then she came down and asked my name.. told her i wasn't allowed to talk to her because of her restraining order ( heh, heh, heh )

Mike Smith Rhode Island : Design / Build / Repair / Restore

Edited 1/5/2006 11:32 pm ET by MikeSmith

Mike Smith Rhode Island : Design / Build / Repair / Restore

www.mfsmithbuilder.com

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(post #128956, reply #18 of 1875)

by JonBlakemore in reply to Anonymous [original] on Fri, 01/06/2006 - 05:32

You say they're both lawyers?

Judging by the appearance of their lot and house, the law must not have been very good to them?

Jon Blakemore

RappahannockINC.com

Fredericksburg, VA

Jon Blakemore

RappahannockINC.com

Fredericksburg, VA

(post #128956, reply #20 of 1875)

by MikeSmith in reply to Anonymous [original] on Fri, 01/06/2006 - 05:38

we went 287 and then 77 thru the mountains..... best time we've made so far..

Safety Meetings: i hate sending the guys home, so if we don't have inside work, we go to a diner, and have the Safety Officer give us a tail-gate talk on the topic of the day.. by that time , it's either work or go home..today was scaffolding and a chourice ommelet

we have two guys qualified as OSHA 10 certified now..

i'm going to schedule one more for a lead hazard awareness class... since we're supposed to comply witht he lead laws on any home built before 1978

Mike Smith Rhode Island : Design / Build / Repair / Restore

www.mfsmithbuilder.com

(post #128956, reply #23 of 1875)

by FastEddie in reply to Anonymous [original] on Fri, 01/06/2006 - 05:44

Sorry to keep askin' Southern Questions ...

a chourice ommelet

What's a chourice?

"When asked if you can do something, tell'em "Why certainly I can", then get busy and find a way to do it." T. Roosevelt

"Put your creed in your deed." Emerson

"When asked if you can do something, tell'em "Why certainly I can", then get busy and find a way to do it." T. Roosevelt

(post #128956, reply #25 of 1875)

by MikeSmith in reply to Anonymous [original] on Fri, 01/06/2006 - 05:46

chourico... ( chourice ) ....portuguese sausage

Mike Smith Rhode Island : Design / Build / Repair / Restore

www.mfsmithbuilder.com

(post #128956, reply #29 of 1875)

by FastEddie in reply to Anonymous [original] on Fri, 01/06/2006 - 06:12

Traditional Mexican sausage is chorizo, and it's good and greasy

"When asked if you can do something, tell'em "Why certainly I can", then get busy and find a way to do it." T. Roosevelt

"Put your creed in your deed." Emerson

"When asked if you can do something, tell'em "Why certainly I can", then get busy and find a way to do it." T. Roosevelt

(post #128956, reply #35 of 1875)

by intrepidcat in reply to Anonymous [original] on Fri, 01/06/2006 - 22:53

in San Antonio it's chorizo

"All men's miseries derive from not being able to sit in a quiet room alone." Pascal

"If you have enough energy you can solve a lot of other problems." - Charlie Munger, Berkshire Hathaway.

We have an abundant supply of domestic natural gas. Let's get busy solving problems.

(post #128956, reply #41 of 1875)

by Piffin in reply to Anonymous [original] on Sat, 01/07/2006 - 02:42

choritzzo is the spanish version - hottest darn sausage I've ever eaten! I thought it was a choice omelet at first read.

Good idea on the safety meetings when day runs short or weather rains you out. Like that one.

Welcome to the
Taunton University of Knowledge FHB Campus at Breaktime.
where ...
Excellence is its own reward!

or try this site for the whole gang

http://forums.delphiforums.com/breaktimeclass/start

(post #128956, reply #311 of 1875)

by dedubya in reply to Anonymous [original] on Fri, 01/27/2006 - 16:23

As Rodney King said a few years ago "cant we all just get along"hehe

(post #128956, reply #21 of 1875)

by G80104 in reply to Anonymous [original] on Fri, 01/06/2006 - 05:40

Built a house for self & family in 94. Lost 2000 sq.ft. of land, along with a 2 year court battle. Then had to live next to the Jag for many years. I was an angry man for many years.

Each state is different, so I hope it all works out.

Long story, but I sleep well nights, One passed on few years after they stuck it to me. The other is in a nursing home, people like that get whats comming sooner then later.

(post #128956, reply #22 of 1875)

by FastEddie in reply to Anonymous [original] on Fri, 01/06/2006 - 05:41

What's a paper road? You guyz don't know how to lay asphalt or sumpin' ?

"When asked if you can do something, tell'em "Why certainly I can", then get busy and find a way to do it." T. Roosevelt

"Put your creed in your deed." Emerson

"When asked if you can do something, tell'em "Why certainly I can", then get busy and find a way to do it." T. Roosevelt

(post #128956, reply #100 of 1875)

by strokeoluck in reply to Anonymous [original] on Thu, 01/12/2006 - 05:01

Hmmm, I hate to judge a book by it's cover...but how successful is that attorney causing all the problems? By the looks of it he hasn't won many cases.