Good Neighbor Fence?

A few weeks ago, somebody moved into the new house behind ours that had previously sat empty. The very first thing they did was to cut down three large trees that were in their backyard. You see, when we were looking at the house to buy, I had not really noticed the trees, but after we moved in and had spent many nights sitting on the deck, I really grew to appreciate the many tall trees behind our house. So, when they were gone when I got home one night, I was in shock. My life, or at least my backyard view, now had a big hole in it. I'm still getting over the loss. All three trees were probably 100 years old or older. One was at least three feet in diameter. But I just resigned myself to it because they were his trees, after all.

One evening as he surveyed his recently leveled kingdom, Dennis introduced himself to me. He immediately struck up a conversation about replacing the fence that ran between our properties. It was dilapidated and was only waist high. I told him that I would be glad to split the cost of a new fence with him, but that I couldn't do it until fall because of financial reasons. He understood and then asked if we minded if he did some "experimenting"? I asked what he meant and he said he wanted to remove the old fence. We said that he absolutely could not do that because we relied on that fence to keep Thomas corraled at Rancho de Ring. We talked briefly about fence design (good neighbor fences are those that have boards alternating sides) and then parted ways.

Future neighbor relations would be amicable until Sunday, July 5th. On the 4th, we visited friends for dinner and then went to the Hillsboro fireworks display. It took us a long time to get home for a variety of reasons (distance and traffic mostly), so we hit the sack as soon as we could. The next morning we awoke to find that our new neighbors had removed our old fence. No warning much less permission. I was slightly agitated when I went outside upon spotting Dennis futzing in his future yard.

Dennis: "Hey Neighbor!"
Mick: "Hey. What's up with the fence?"
D: "We took it out yesterday."
M: "I see that. Why?"
D: "We got a little anxious. It was going to be $400 for the contractor to take it out so we did it ourselves and saved you some money."
M: "How long before they put the new fence in?"
D: "Not more than a couple of weeks."
M (now more agitated): "That's not going to work. We've got a little boy, you know. We specifically told you not to remove it."
D: "I didn't know it was going to be that big of a problem. We thought we were doing you a favor."
M (now fully agitated): "A favor?" (uncomfortable pause, face probably reddening) "Let me know before you do me any more favors in the future, OK?"
D (puzzled but meekly): "OK"

At that, I turned around and walked away. There were a number of other things that I had intended to discuss, but he had made me so angry that all I could think of was how he was doing me a favor. I decided it would be best for all parties if I thought on it more and discussed it with him later.

The next night (Monday) I waited for him to appear, but it didn't happen. Reluctantly and with a sick feeling in my stomache, I walked across our backyards and knocked on the front door. It went surprisingly well. I tried to emphasize these two points:

They apologized for the inconvenience they had caused and I explained that it was more than inconvenience. They had not realized that Thomas ran around outside by himself. They were positive that it would be replaced by the next weekend, but I wasn't sure how we stood on the property line issue when I left. I had emphasized the point several times, gently but firmly saying, "It must be on our side." At one point Dennis asked if I would still split costs with him, but his wife sidetracked the conversation to some other area and I avoided a commitment. I had already decided I would only pay half the cost of materials and only if he met my demands.

By Tuesday or Wednesday night the contractor had dug post holes on Dennis' side of the line. I caught Dennis and his wife in the backyard and asked them for an explanation. They felt it wasn't fair for them to pay for the fence and have to put it on my side. I replied that it was incumbent upon them to replace the fence that they had removed it without my permission exactly as it had been. After much discussion that got more heated as it progressed, I realized that they had no intention of doing it my way so I sprung Plan B on them: "Fine, then I'll just call the cops and have them charge you with theft and vandalism." "Fine, call the cops!" said Dennis while his wife attempted to get the discussion back on friendlier terms. It didn't work and I went inside and called the local precinct.

I explained the situation to the police and they said someone would be out that night. Sure enough, Officer Randy Vanderhoof arrived before dark. I explained the situation and he said they could be charged with theft or criminal mischief, but could we go talk to them first? I said sure. After talking with them further and them giving him the same song and dance, Vanderhoof concluded, "You all seem like reasonable people, why don't you try to work it out yourselves? I'll give you both my card and you can call me if it doesn't work out." We all agreed and he left. I talked with them for awhile longer before one of them suggested that we both think about it and talk again the next night. I said that would be fine but that I would not be changing my mind about the property line issue. They said fine and wished me a good night.

The next morning the contractor is mixing cement and preparing to anchor the fence posts. I tell him the situation and he goes to fetch Dennis' home number. I call Dennis and ask if he had decided to go ahead with putting the fence on his side. He said, "Yes." I hung up and called Officer Vanderhoof. The dispatcher told me he worked 8 pm till 4 am but I could leave a message. I left my name and number and a message: "File the report." The next night I waited until 8:30 to call Vanderhoof only to find that he didn't work again until Saturday.

It's Saturday now and the fence is done except for a gap behind our shed where a tree will make it difficult to put the boards up. The contractor showed me one night that although the post on the northwest corner is on Dennis' side, the opposing post on the southwest corner is on my side. The night that Vanderhoof was here, he explained that the process was for him to file a report with the district attorney and the district attorney would decide if the charges should be pursued. Vanderhoof said it seemed like a civil matter, though. After further thought, I'm pretty sure it will end here. Charges won't be filed and I am definitely not going to take civil action. The only thing I could get out of that would be money and that is not what I want (at least in this case).

I have been compiling a list of things to make Dennis' life miserable but I doubt I'll pursue any. If you have any suggestions, email them to me!