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  #11  
Old 2013-08-29, 08:11 AM
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mc_ottawa mc_ottawa is offline
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Quote:
Originally Posted by suezieq4u View Post
If you only knew my neighbour..lol..

He had accused me of that..because I had some landscaping done..and for that very reason I had hired the same company the builders had used in the neighbourhood as they were familiar with our neighbour , the gradings , lot lines , etc.
Our grading has been verified now +11 times by surveyors..at the builders expense..because of accusations from our neighbour...and nothing has ever been altered on my side.
I have been flat out told by neighbour if I alter grading in any way..I will be sued.
Good luck with this, and hopefully it gets dealt with ASAP.
We once had a crazy neighbour (two houses ago) that wasn't as abrasive as your current neighbour, but just as nuts.

He altered the grading, cemented around the drain, and blame everyone elses backyard planting for the grading issues. Unfortunately, by the time all the other neighbours realized what was going on, the 'final grading' was approved by the city. They city was unwilling to do anything, and the builder washed their hands clean of the development.
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  #12  
Old 2013-08-29, 12:55 PM
jpwong009 jpwong009 is offline
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Quote:
Originally Posted by suezieq4u View Post
Camera is a great idea..will definitely get one .

...so my builder tells me that the damage my property has occured..is not thier fault..but the other builders.

Builders have yet to hand over neighbourhood to City..so builder states they require homeowners permission to access the property. Maybe once City takes over.. the grading will get done..and bill handed to homeowner??? City says grading plan must comply with what was submitted in plan..so must be corrected...guess it`s a waiting game....
So sorry to hear about the problems with your neighbour, hope karma comes back to haunt him from being so stubborn and uncooperative.

I think the city should take this matter into their hands and start issuing fines until the grading is fixed, but they should deal with the builder not the owner. It's not your neighbour's fault that their builder didn't properly do the grading. I can't see how the city can approve a grading that is not done right and take over the responsibility from the builder. The builder should take legal action to get access to the property and fix the issue.
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  #13  
Old 2013-08-30, 11:08 AM
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suezieq4u suezieq4u is offline
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Originally Posted by jpwong009 View Post
So sorry to hear about the problems with your neighbour, hope karma comes back to haunt him from being so stubborn and uncooperative.

I think the city should take this matter into their hands and start issuing fines until the grading is fixed, but they should deal with the builder not the owner. It's not your neighbour's fault that their builder didn't properly do the grading. I can't see how the city can approve a grading that is not done right and take over the responsibility from the builder. The builder should take legal action to get access to the property and fix the issue.
Couldn't agree with you more..here's to hoping.
So ridiculous as it's a simple fix but homeowner is being stubborn , raising it to a personal level.
It's a catch 22 sitation right now..as builder wants to fix but without homeowner allowing access the builder is looking to the City for assistance/direction/advice. City wants builder to get it done..then be notified to verify..but City seems relucant to step in at this point . City said they have NEVER EVER seen a homeowner take it to a personal level like this and ignoring all experts involved. Unfortunately seems like neighbour is being fed how to play the system by nxt door neighbour who has a grudge w/both builders City & the neighbourhood...and an eveil genius at playing the system.
City says not really a bylaw issue so unable to fine homeowner for delay in work..
But with work needing to be done..am I not correct in thinking that yes..it is also a bylaw issue? Neighbour has known since May that there is a 'water tresspass' issue from incorrect grading on his property(everything is well documented)..and with him denying access and preventing the needed work to get done..is he not responsible? Therefore should be fined?
If I were to violate a City Bylaw..ignoring and not doing what was required/ordered..I betcha I would be fined
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  #14  
Old 2013-08-30, 11:25 AM
London2Ottawa London2Ottawa is offline
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What an a hole the guy sounds. Can you claim damages off him via your home insurer or force him to give up access?
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  #15  
Old 2013-08-30, 11:39 AM
Halton Home Inspector Halton Home Inspector is offline
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The Ontario Building Code specifically requires that the grading of one property can not adversly effect a neighbour.

Rule 9.14.6.1 Surface Drainage - Lot Grading.

(1) The building shall be located on the building site graded so that water will not accumulate at or near the building and will not adversely affect adjacent properties.
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  #16  
Old 2013-08-30, 11:51 AM
jpwong009 jpwong009 is offline
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If it's against code and it's affecting your property, couldn't you can take legal action against the builder for damages to your property?


If they ever decide to sell the house in 3-5 years and it's not fixed yet, I would put a message on your common fence warning potential buyers: Unapproved grading, beware! ;-)

Best of luck, hoping it will get resolved asap.
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  #17  
Old 2013-08-30, 12:09 PM
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Jer in Ottawa Jer in Ottawa is offline
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Originally Posted by jpwong009 View Post
If it's against code and it's affecting your property, couldn't you can take legal action against the builder for damages to your property?


If they ever decide to sell the house in 3-5 years and it's not fixed yet, I would put a message on your common fence warning potential buyers: Unapproved grading, beware! ;-)

Best of luck, hoping it will get resolved asap.
That would go over well with Mr. Happy!
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  #18  
Old 2013-08-30, 02:50 PM
R.F.D. R.F.D. is offline
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this will undoubtedly be a lengthy process, I would really recommend keeping a detailed diary of ongoings, they are like gold in court if need be.

Note EVERYTHING...

the dog antics
the comments
the spying
the threats

and write them verbatim, not to sound better or more incriminating by the sounds you have a large d!ck on your hands here...
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  #19  
Old 2013-09-29, 12:53 PM
Nice2Know Nice2Know is offline
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Default The neighbour here!

To all that have read the above.. here is the other side.

First and foremost I do not have a "grudge" with either builder, while I have had issues with both with regards to issues directly pertaining to my property, they have been resolved positively with both and I am on good speaking terms with both, for that matter while working on the current issue I have spoken to all parties, including a previous poster to this thread above in an attempt to bring this to a positive conclusion. My relationship with the developers is just that.. a personal one. The above public false declaration by a previous poster that I have an ongoing negative relationship with the developers does nothing to help with the current situation and undermines any attempts at progress and moving forward.

While I feel being in the good company of Wile E. Coyote Evil Genius, I must resent the inference and ensuing defamatory results on me personally.

Additionally, I do not have a "grudge" with the "neighborhood" and quite frankly I had just want to be left alone. How would you feel actively having your every action taken in an effort to resolve your matters privately being twisted, taken out of context and used against you publicly, because you chose to remain silent and not engage?

Unless, the previous poster was made privy by city staff to the private and confidential conversations (highly doubt it) that I have had with city staff pertaining to resolving past issues as well as the current one, any public inference that I have a "grudge" with city staff is entirely hearsay and speculative, quite frankly wrong and defamatory. Additionally, the public speculation with regards to the nature of the private conversations that I am having with a neighbour being construed as "feeding on how to beat the system" is wrong both in subject (far from the truth) as well as ethically wrong.

I am not silent now and will take a more active role in matters as it would appear taking the moral high road is more difficult than I thought. I fully intend to be more active in the community in an effort to bring these negative matters to a positive conclusion, heal the rifts and move on. Enough is enough.

No one is above the law, there is no "grey area" in it's application. I follow the law and fully expect it from others and fully cooperate with city staff at every turn and expect that from others. As well, I know my contractual rights and obligations and fully follow them and expect to have them respected and from what I have read here that is all that you all want: follow the law and respect your rights... does that make you all Evil Geniuses?

Regards

Last edited by Nice2Know; 2013-09-29 at 04:20 PM.
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  #20  
Old 2013-09-29, 12:54 PM
Nice2Know Nice2Know is offline
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Duplicate post... oppsy

Last edited by Nice2Know; 2013-09-29 at 12:57 PM. Reason: Duplicate post... oppsy
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