[Don5154]

Originally Posted by dblwyr

Our neighbor is installing a pool, and will be asking for access to their rear yard alongside our house. Looking for any advice or words of wisdom for anyone who has been through this? We are told we will be asked to ‘sign’ something. Of course we will read it carefully, but the experience of others might be instructive. Thanks in advance.

Plan on the project to be going on for months and months and months. Pools installs around TV take for ever to complete. Why....I have no idea

[[email protected]]

Originally Posted by dblwyr

Our neighbor is installing a pool, and will be asking for access to their rear yard alongside our house. Looking for any advice or words of wisdom for anyone who has been through this? We are told we will be asked to ‘sign’ something. Of course we will read it carefully, but the experience of others might be instructive. Thanks in advance.

This just actually happened with our neighbor across the street. Our street dead-ends to a privacy fence. All of a sudden one day, 3 panels of the fence came down and a big truck backed up into their yard with a digger to start digging a pool in the yard behind them and the privacy fence. No notice from anyone that this was happening. Our neighbor first called Neighborhood Watch who told them to contact Sumter Co Sheriff, who told them to go talk to the neighbors (via the front door, not through the yard). When they confronted the neighbors, said neighbors were apologetic and appalled that the contractor hadn't spoken to them. They "assumed" it had all been taken care of. Since TV owns the privacy fence, apparently permission to take down the fence should have been gotten as well. At the very least, some sort of permission and agreement to pay for yard damages and damages to sprinkler lines should have been arranged. They were also told that the cement trucks would now go in from the front of the house instead of through the neighbor's yard. Next thing we know, the cement truck is going through their yard after all. The privacy fence is now back in place, but they didn't put in the proper cement footings for the fence. There's a big gouge in the fence. Our poor neighbors have called repeatedly and have been lied to repeatedly by the contractors. NOT a good way to foster good relationships between neighbors!!!

[Nick B]

Sounds like a joyous in place to live. America's Friendliest home town? Maybe 20 years ago.

[Sunflower33]

I agree as T and D did exactly that and we had no problems.

[Bogie Shooter]

This whole thread reads like this is the first pool installation in TV.

[diva1]

Wow. I have had a pool installed and then 20 years later filled in and a new patio installed. They had to have access along the side of the house to do it...no other way to get there. My neighbors were wonderful and we filled in the trampled sod afterwards. Case closed. Some of these commenters don't sound very kind to me.

[Dot Rheinhardt]

Get them to sign a "hold harmless" agreement. What if someone had an accident on your property? They may sue you.

[danglanzsr]

Originally Posted by retiredguy123

I agree. Your neighbor and the contractor should sign papers, but, why should you sign them? Technically, it's not a contract unless you receive some type of legal consideration.

It is true that a contract requires conssideration to be valid. In the instant case, the landowner is granting access in return for a promise to indemnify him or her in the event of any damage. A promise can be consideration even if it is conditional.

[cafw1]

All the advice you received was good. Protect yourself. I had a close 12 year friendship with the neighbors behind me. They were in violation of the curbing rule causing their lawn service to constantly drive over my sprinklers. After repairing them for 12 years I asked them nicely to take care of the situation and was told that the situation had been this way for 12 yrs so they weren't going to change it. I didn't realize how this must have angered the lady because I let her in my brand new car ---silly me---and she tried to damage the seats. Be careful.

[DAVES]

Originally Posted by [email protected]

This just actually happened with our neighbor across the street. Our street dead-ends to a privacy fence. All of a sudden one day, 3 panels of the fence came down and a big truck backed up into their yard with a digger to start digging a pool in the yard behind them and the privacy fence. No notice from anyone that this was happening. Our neighbor first called Neighborhood Watch who told them to contact Sumter Co Sheriff, who told them to go talk to the neighbors (via the front door, not through the yard). When they confronted the neighbors, said neighbors were apologetic and appalled that the contractor hadn't spoken to them. They "assumed" it had all been taken care of. Since TV owns the privacy fence, apparently permission to take down the fence should have been gotten as well. At the very least, some sort of permission and agreement to pay for yard damages and damages to sprinkler lines should have been arranged. They were also told that the cement trucks would now go in from the front of the house instead of through the neighbor's yard. Next thing we know, the cement truck is going through their yard after all. The privacy fence is now back in place, but they didn't put in the proper cement footings for the fence. There's a big gouge in the fence. Our poor neighbors have called repeatedly and have been lied to repeatedly by the contractors. NOT a good way to foster good relationships between neighbors!!!

They didn't know? A common reply. There is no way to prove, or it is almost impossible to prove what someone knows. The reason why ignorance of a law is not a valid defense

I am not an attorney truth mostly every time I dealt with one it was a negative experience.
However, in this case it might be wise to hire an attorney. Disputes, you can play good cop, bad cop. I want to be a good neighbor but my attorney said...............

There is the old valid expression, good fences make good neighbors. In most cases in the Villages you cannot put up fences. Space between neighbors also makes for good neighbors or at least neighbors not up each others ............. Also, not an option in the Villages.

[retiredguy123]

Originally Posted by danglanzsr

It is true that a contract requires conssideration to be valid. In the instant case, the landowner is granting access in return for a promise to indemnify him or her in the event of any damage. A promise can be consideration even if it is conditional.

Thanks. I understand your point. But, I was thinking that, if someone damaged my property, I already have the right to be indemnified by the existing statutes. So, signing a contract wouldn't be of much value to me.

[Bill32]

We had the same situation. The pool pump/ filter was installed opposite from our living room. We could hear the hum from the motor in our house, if we put our ear to the one of the inside walls you could hear and feel vibration from the motor. We did as much mitigation as possible with no change to the constant huuuummmmmmm. If you can have them NOT place the pump next to your house that would be my most important consideration......we moved....

[Astron]

Originally Posted by dblwyr

Our neighbor is installing a pool, and will be asking for access to their rear yard alongside our house. Looking for any advice or words of wisdom for anyone who has been through this? We are told we will be asked to ‘sign’ something. Of course we will read it carefully, but the experience of others might be instructive. Thanks in advance.

Make sure that anything you sign states clearly that your yard and irrigation system will be restored to its original condition. It must also state if the company or your neighbor is backing the agreement and a clear deadline for the restoration to be completed. Take lots of photos. I learned these lessons the hard way.

[Petersweeney]

I wouldn’t buy a house with a pool - people think it increases value - so wrong just a headache.....

[Villages Kahuna]

A lot depends on who theirs your contractor is. Before T&D added a pour over spa and summer kitchen to our pool area, they carefully taped the lot line between our lot and our neighbor’s. They then religiously stayed on our lot when moving all the equipment, materials and workers during the five week project. Needless to say, the grass was destroyed. The week after the project was complete a landscaper crew with a load of sod showed up and completely re-sodded our side and backyard. Frankly, I wasn’t expecting that. But that’s what you get with a first-class contractor.

In this case, you’ll need to thoroughly negotiate and document your approval with your neighbor in writing and probably sign a hold harmless agreement with the contractor. Obviously, your contract should include a well-defined requirement that the contractor repair or replace any damaged landscaping or damage to your house or property.

The suggestion that the pool pump NOT be placed between your neighbor’s house and yours is important. Pool pumps are noisy!

Also, I’d negotiate an agreement with your neighbor that they require their contractor pump the concrete from the street back to the new pool. Definitely don’t permit a truck or any other equipment to use your property.

The subsequent drainage issue is something else to look out for. Your neighbor should be responsible for fixing any post-project drainage issues. Again, an agreement in writing!