Neighbor not cooperative on allowing access for property that isn't his

Neighbor not cooperative on allowing access for property that isn't his

Member since 2023 · 3 posts · 1 vote

So weird situation here. There is a county access way that backs right up to my property. It's a future roadway that is owned by the county. It runs adjacent to a neighbor so I thought I would run it by him that I will be needing it to add fill to my property. 

His response was surprising and he said "not interested. I don't want a lot of traffic here". Meanwhile, he has been using this access for his own lot improvements.

I decided to call the county and ask for their permission since it's not really my neighbors land. To my surprise, the county said I could use this access way to bring fill to my property. I already have a permit open for a pool being built, so that was enough for the county to grant me permission.

My question is this: what if my neighbor is difficult again about not allowing me to use that access or block access? He currently has 5 yards of mulch blocking the county pathway. I hope this doesn't escalate if he doesn't work with me here, but if it does, do I get the county involved if he doesn't back down? 

Curious your thoughts and thank you in advance 

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Theresa HarrisPro Member
Member since 2019 · 15k+ posts · 11k+ votes
3y

You talked to the county, go ahead. If the neighbour has a problem tell him it is not his property and you have permission from the county to access it.  My guess is he's used it for himself and doesn't want others to do the same.

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  • Theresa HarrisPro Member
    Member since 2019 · 15k+ posts · 11k+ votes
    3y

    You talked to the county, go ahead. If the neighbour has a problem tell him it is not his property and you have permission from the county to access it.  My guess is he's used it for himself and doesn't want others to do the same.

  • Investor · Clairemont, CA · Member since 2011 · 3k+ posts · 2k+ votes
    3y

    To answer what happens if he chooses not to cooperate? Then you let the County know and file a code violation complaint. Ultimately that is the municipalities recourse to enforcing the public accessibility of the area. 

  • Member since 2021 · 88 posts · 80 votes
    3y

    Polite approach until no other recourse would be my advice. It’s all downhill once neighbor hostilities become entrenched.

    I’d follow up with a simple forwarding, exact correspondence and approval from the county. Offer some sympathizing and (faux) understanding of their desire to keep access back their private. However you really need to utilize the access for this specific project and don’t foresee becoming a frequent nuisance doing so. If they could please move aside their mulch on the county property, even if it’s temporary while we finish our project, it would be greatly appreciated.

    If no response, or blatant FOff then they’ve shown their hand what all future relations will be like while you attempt to complete the project.  Involve the county, but you should plan for delays I imagine, potentially future call for anything they want to complain about. 

    I’m semi-retired GC and nothing good comes from a hostile neighbor situation, going nuclear is the last resort to any success.


  • Bruce WoodruffPro Member
    Contractor/Investor/Consultant · San Diego / Phoenix · Member since 2021 · 12k+ posts · 15k+ votes
    3y

    Just assert your rights to the road (while being polite). If he turns ugly, then you stay firm and call the County in....

  • Member since 2023 · 3 posts · 1 vote
    3y

    thank you all for the replies.

    I agree with the sentiment here. going to still be polite with him regardless of his reaction and kindly ask him to move his mulch as soon as possible. If he refuses, then I can offer to move it for him or ask the county to get involved.Hoping he isn't difficult again, but some people are just that way.

  • Member since 2023 · 3 posts · 1 vote
    3y

    Update:

    I have not yet spoken to the neighbors since I created the thread, but I did message them asking if we could get together soon to chat - No response. Pretty clear they won't fully cooperate, but still going to approach them when I do see them out. They may be out of town too

    But I did speak to my contractor who said that's great the county is onboard, but he wants them to put it in writing in case things get ugly with neighbors. So I reached back out to my contact with the county who gave me verbal permission last week to bring fill using the access way. Now all of a sudden, he is being more difficult and wants to complete a site visit to see if I can use this trail for hauling fill.

    If somehow I get through this latest hoop, my contractor also wants me to get a survey of the county access way to ensure we don't encroach on anyone else's property (which I can understand).

    Long ways to go, but the cards seem stacked against me. I can't believe how difficult it is just to bring some dirt to my property. Meanwhile, the county is plowing down thousands of untouched acres nearby for housing. I guess it is all about who know like anything else.

    If this doesn't work out, I'll just bring all the dirt through the front of my yard. Will takes 2 weeks compared to 2 days...



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