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Walls - the legalities of the wall being yours or theirs, and rights??

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Walls - the legalities of the wall being yours or theirs, and rights??

Post by Sherman on Mon Jun 29, 2015 4:56 am

Challenging neighbors have required that I learn more about 'walls' here than I ever wanted to know ....

Ownership of our wall was clearly established a few years ago.
More problems have arisen and I need to gain clarity on additional 'wall' issues.  
This is being checked out elsewhere, but I also wanted to run the issues by here to get input from others who may have had 'wall' experiences ....  

When our wall was established as 'ours' it turned out that the wall sat 100% on our own property (there was a screw up on the where the wall was built and the wall was actually built well inside our property line).

All decisions about the use of any side of the wall is at the discretion of the owners; yes?

With that in mind, then we can restrict .....

anything attached to the wall on the other side, on the top or above ---  landscaping, any attachment, construction, any alteration of the wall, ladders being left in place on the wall, etc.

If encroachment, can the landscaping, etc. just be removed or eliminated without discussion?

As a 'courtesy', have any of you delivered an initial notification of 'wall' restrictions to the residents in violation.  Did you get an attorney to do the letter or someone else? Does the 'initial notification' actually accomplish anything or protect (us) the homeowners and 'wall' owners in any way??


thanks for comments and input .....

Sherman
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Re: Walls - the legalities of the wall being yours or theirs, and rights??

Post by hockables on Mon Jun 29, 2015 7:31 am

If you already know the answer, the question seems unnecessary... my new favorite saying
" better to ask forgiveness, than permission "

Just an observation... walls seem to be public domain here... political, commercial advertising painted everywhere..
My neighbors power meter is on our wall... no problem... cept they keep trying to give me his bill...lol

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Re: Walls - the legalities of the wall being yours or theirs, and rights??

Post by helohfe on Mon Jun 29, 2015 7:45 am

A couple of questions..Do you need to enter your neighbors property to access their side of the wall and what have they placed on/against it? ie..how much room is there from their property line to the wall? What is it that they do to the wall that has you upset??? Just curious

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Re: Walls - the legalities of the wall being yours or theirs, and rights??

Post by Sherman on Mon Jun 29, 2015 8:20 am

Even though I have a specific situation, I'm asking about walls in general. There are laws here (whether or not they are enforced).

Yes, I know the wall is mine. What I don't know for sure is what restrictions I can actually make and what action I can take in dealing with encroachments.

In my specific situation, yes, I do have access to both sides of the wall and can enforce an encroachment issue. However, before doing that, I want to make sure I'm sticking to what is legal (or as 'legal' as it is going to get around here).

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Re: Walls - the legalities of the wall being yours or theirs, and rights??

Post by gpbasap on Mon Jun 29, 2015 8:47 am

Consult an attorney.
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Re: Walls - the legalities of the wall being yours or theirs, and rights??

Post by gringal on Mon Jun 29, 2015 9:28 am

gpbasap wrote:Consult an attorney.

Exactly. Someone would feel a bit foolish telling a judge that they acted on the advice obtained from members of a web board. Shocked


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Re: Walls - the legalities of the wall being yours or theirs, and rights??

Post by brigitte on Mon Jun 29, 2015 9:47 am

There are the rules and the enforcement of the rules...good luck if your neighbor decides to ignore you.

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Re: Walls - the legalities of the wall being yours or theirs, and rights??

Post by Sherman on Mon Jun 29, 2015 9:58 am

brigitte wrote:There are the rules and the enforcement of the rules...good luck if your neighbor decides to ignore you.

Yes, enforcement is an issue. A big one. I'm still in a position, however, to influence that.
So, with my post I'm partially seeking others input from their own experiences. Attorneys can give you the law or their opinion, but that is often enriched with others sharing their experiences.

Thanks ....
S.

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Re: Walls - the legalities of the wall being yours or theirs, and rights??

Post by gringal on Mon Jun 29, 2015 10:33 am

Sherman wrote:
brigitte wrote:There are the rules and the enforcement of the rules...good luck if your neighbor decides to ignore you.

Yes, enforcement is an issue.    A big one.   I'm still in a position, however, to influence that.
So, with my post I'm partially seeking others input from their own experiences.  Attorneys can give you the law or their opinion, but that is often enriched with others sharing their experiences.

Thanks ....
S.

Okay, here's an experience: When we bought our property, there was a small, one story eatery next door.
About a year later, the owner tore it down and built two stories and a roofed deck there, complete with block glass windows on the wall next to our carport. He would have built three stories, but we made a formal objection and the height limit was enforced. That was before the roof, but there's a point when one gets tired and gives up. We planted a fast growing vine on our side of the wall and it covered the windows. The owner sold the property and the next owner whined about the vine covering the illegal windows. They took it to the authorities, who got a good laugh. The vine stayed. For what that's worth. Rolling Eyes

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Re: Walls - the legalities of the wall being yours or theirs, and rights??

Post by Sherman on Mon Jun 29, 2015 10:37 am

gringal wrote:
Sherman wrote:
brigitte wrote:There are the rules and the enforcement of the rules...good luck if your neighbor decides to ignore you.

Yes, enforcement is an issue.    A big one.   I'm still in a position, however, to influence that.
So, with my post I'm partially seeking others input from their own experiences.  Attorneys can give you the law or their opinion, but that is often enriched with others sharing their experiences.

Thanks ....
S.

Okay, here's an experience: When we bought our property, there was a small, one story eatery next door.
About a year later, the owner tore it down and built two stories and a roofed deck there, complete with block glass windows on the wall next to our carport.  He would have built three stories, but we made a formal objection and the height limit was enforced.  That was before the roof, but there's a point when one gets tired and gives up.  We planted a fast growing vine on our side of the wall and it covered the windows.  The owner sold the property and the next owner whined about the vine covering the illegal windows.  They took it to the authorities, who got a good laugh.  The vine stayed.  For what that's worth. Rolling Eyes


Do you remember the name of the vine?

Thanks .....

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Re: Walls - the legalities of the wall being yours or theirs, and rights??

Post by viajero on Mon Jun 29, 2015 11:05 am

Sherman wrote:


Do you remember the name of the vine?

Thanks .....
We have a vine like that,it's called a (chinche) around here.

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Re: Walls - the legalities of the wall being yours or theirs, and rights??

Post by sparks on Mon Jun 29, 2015 11:41 am

Cissus vine or Tropical Grape is just like ivy and grows fast. Covered my 3 meter walls and a shorter cyclone fence. Very attractive until it takes over. I decided to rip mine out

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Re: Walls - the legalities of the wall being yours or theirs, and rights??

Post by gringal on Mon Jun 29, 2015 12:18 pm

viajero wrote:
Sherman wrote:


Do you remember the name of the vine?

Thanks .....
We have a vine like that,it's called a (chinche) around here.

It has big blue/purple flowers on it; very common here and grows FAST. It's pretty. Downside: It's messy when it sheds, which is often, and jillions of little black bugs love it. It needs support. We got rid of it when we built the casita out front where it was.

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Re: Walls - the legalities of the wall being yours or theirs, and rights??

Post by CanuckBob on Mon Jun 29, 2015 12:23 pm

That sounds like bouganvilla (sp). No?

BTW.....Having vines on the wall of your casa is a bug superhighway.....just sayin.

Black spray paint takes care of those glass blocks facing your yard......jaja.
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Re: Walls - the legalities of the wall being yours or theirs, and rights??

Post by hockables on Mon Jun 29, 2015 1:16 pm

CanuckBob wrote:That sounds like bouganvilla (sp). No?

BTW.....Having vines on the wall of your casa is a bug superhighway.....just sayin.

Black spray paint takes care of those glass blocks facing your yard......jaja.

thatz more or less what I was saying... don't ask... just do it... leave the other guy working out the details...
what could anyone say if you painted your wall?

just for shits and giggles... first paint a big Kilroy in bold black lines on the glass.. then cover coat your wall....
It'll leave them with Kilroy vigilantly watching them...

Beer

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Re: Walls - the legalities of the wall being yours or theirs, and rights??

Post by gringal on Mon Jun 29, 2015 2:09 pm

No, it's not bougie. Big flowers. Blue.

There are some little birds that swoop in and clean the bugs out of our bougies planted elsewhere. Noisy, but effective. Spiders love bougies.

Yeah, we considered spray paint........but we just let it be. Now that the ashole owners are gone, we just let the tenants get a dim light from our garage through those glass blocks. Eh.

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Re: Walls - the legalities of the wall being yours or theirs, and rights??

Post by Sherman on Mon Jun 29, 2015 7:05 pm

Well, lucky for me. The vines I need would go on a brickwall, not on my house!! The bug highway would be headed for someone else's house that would better deserve them.

I did get names of a couple of possible vines out the conversation ..... I still need some practical discussion on what I can and cannot do about 'my' wall. Perhaps something will be added ... and in any event, the discussion is always entertaining!!

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Re: Walls - the legalities of the wall being yours or theirs, and rights??

Post by Pedro on Mon Jun 29, 2015 7:26 pm

is yer neighbour a mexican or a ferner?
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Re: Walls - the legalities of the wall being yours or theirs, and rights??

Post by Sherman on Mon Jun 29, 2015 7:31 pm

ferner, but seems to think the 'rules' are for everyone else. I have confirmed this with two former 'neighbors' who had stories to tell. There has been a suggestion to move, but that's not always a practical alternative.

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Re: Walls - the legalities of the wall being yours or theirs, and rights??

Post by Pedro on Mon Jun 29, 2015 7:48 pm

wanna have a biker partay and combo wall painting extravaganza?
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Re: Walls - the legalities of the wall being yours or theirs, and rights??

Post by Sherman on Mon Jun 29, 2015 9:13 pm

Sounds good .....

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Re: Walls - the legalities of the wall being yours or theirs, and rights??

Post by brigitte on Tue Jun 30, 2015 10:50 am

Chinche is probably the best to cover up a wall without having to do a whole lot of clipping , it is good because it does not take a whole lot of space and totally covers a wll.
I have one on my neighbor´s wall and she strongly objected as it is her wll. She remodelled a casita and put ugly tubing on your side of the property  because she could save money. I should have clipped the tubing but I got lazy so I covered her wall to hide it , she came threatening me, I told her I would remove he vine after she removed the tubing which was on my property. She told me that I could not have my way in Mexico and she would go to the President...I told her where to go and she disappeared for another couple of year until her next pproblem..SHe is a spoiled rich old lady who only comes to pck up fights wih neighbors, she has never won one fight so good luck on the wall.

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Re: Walls - the legalities of the wall being yours or theirs, and rights??

Post by Sherman on Tue Jun 30, 2015 11:53 am

Chinche - I've plugged the name into google translate, Sunset Magazine, etc. and I'm not getting anything to turn up. Is Chinche a Spanish word or maybe misspelled??

Thanks.

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Re: Walls - the legalities of the wall being yours or theirs, and rights??

Post by gringal on Tue Jun 30, 2015 11:58 am

Sherman wrote:Chinche - I've plugged the name into google translate, Sunset Magazine, etc. and I'm not getting anything to turn up.  Is Chinche a Spanish word or maybe misspelled??  

Thanks.

Suggestion: go to one of the larger nurseries with a clipping from a local wall of the kind of vine you like the looks of (plenty of them hanging over the streets in Ajiic and elsewhere. They'll know what it is and probably have some.

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