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El Desarrollo Urbano

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Post by Giovanna Tue Jun 25, 2019 3:39 pm

Our neighbour has built a pool which is right up against our bedroom wall.  Also he has embedded the electrics for the pump into the wall of our house exactly where our bedroom is.  The pool pump was originally up against our bedroom wall but after pleading with him, he finally moved it.  It still has not made a big difference in the level of noise.  When the electricity goes off, it creates problems with his timer and we end up getting noise reverberating into our house at odd hours.  It is usually on in the afternoon and we have managed to work around the noise at that time.   He comes here only the weekends.  I was advised that he cannot touch our wall without our permission.....well it is too late for that.  We have a three story house and you can hear that pump on in the entire west side of our house and it is impossible to sleep or have a nap in our own bedroom when that pump is on.
I was hoping that someone could recommend a lawyer or similar entity who has connections at El Desarrollo Urbano or knows the law concerning property rights.  Our neighbour thinks that our house wall belongs to him.
Any recommendation would be appreciated.  We need someone who is an expert in this matter.  We need to know if there is a law as to how close a neighbour can have his pool to the next house.  We are concerned that if there is a leak, that it may do damage to our foundation.  But mostly it is a noise issue.
And before any one tells me to go back to where I came from, this is a legitimate problem. I have lived and worked in 8 countries on 3 continents and have been very respectful regarding the culture and laws of the country.  We have owned this house for 11 years and the pool was installed 10 months ago.

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Post by oncesubtle Tue Jun 25, 2019 4:42 pm

I'd be tempted to drill a small hole into the wall and sabotage the electrical connections, one at a time, if the law failed.
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Post by CanuckBob Tue Jun 25, 2019 5:02 pm

Its too bad you couldn't have addressed the issue while it was being built. Much easier to have moved and/or rerouted things. Did you speak with the builders at the time?

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Post by Giovanna Tue Jun 25, 2019 5:40 pm

He told us he was putting in a jacuzzi, so we didn't think anything about it thinking it was a jacuzzi unit that you buy and install. We could not see what he was doing. We didn't want to be nosy Parkers and had no idea that he would actually install electrics on our wall, never mind butt his pool (not jacuzzi) up against our house. Also we were away for a few weeks.
You are correct. It would have been better if we had intervened earlier but I feel that he would have continued. Also, it took me a long time to find out which department was relevant, which by that time would have been too late anyways.

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Post by SunshineyDay Tue Jun 25, 2019 6:32 pm

I like oncesubtle's idea. Maybe drill into the pool and insert very small hose to drain very slowly. :)

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Post by Giovanna Tue Jun 25, 2019 6:38 pm

Ha, ha, ha! I like both ideas. You guys are the best.

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Post by SunshineyDay Tue Jun 25, 2019 6:41 pm

When there is no law you have to improvise. jaja!

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Post by CanuckBob Tue Jun 25, 2019 6:49 pm

SunshineyDay wrote:I like oncesubtle's idea. Maybe drill into the pool and insert very small hose to drain very slowly. :)

Nice but I assume the pool is underground so they would have to dig a deep hole on their side and tap in from there.....lol.

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Post by ferret Tue Jun 25, 2019 6:55 pm

It might be interesting to see if a permit was issued for the pool construction.
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Post by SunshineyDay Tue Jun 25, 2019 6:55 pm

Just go at it from an angle and put a small pond pump to help it along.
:)

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Post by SunshineyDay Tue Jun 25, 2019 6:57 pm

Permit? What is that?

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Post by Giovanna Tue Jun 25, 2019 7:06 pm

All very valid points. Yes it is underground. I am sure there was no permit. And I wasn't sure of the "law" at the time and didn't want to go marching in, demanding this and that and being an unreasonal PIA. Although in hindsight that is exactly what I should have done. And would have had an enemy for a neighbour forever.

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Post by SunshineyDay Tue Jun 25, 2019 7:15 pm

Do you have room to do something on your side that may have a similar affect? It may make them aware of the problem and all pay attention and cooperate to live in harmony?

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Post by SunshineyDay Tue Jun 25, 2019 7:21 pm

For example!
I have very nice neighbors that only come on the weekends to party and sometimes get alittle loud. SO! I crank up my music and go to bed. :)
The next day they are very quiet. Over time they have got the message and they are more quiet as I am too.

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Post by Giovanna Tue Jun 25, 2019 7:33 pm

I know what you saying. In my case it would have to be something that requires a motor going constantly in our driveway under their bedroom window.
But thank you for the suggestion.

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Post by SunshineyDay Tue Jun 25, 2019 7:35 pm

Earplugs

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Post by Giovanna Tue Jun 25, 2019 7:36 pm

Yep.

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Post by brigitte Tue Jun 25, 2019 9:46 pm

Ask them to remove the equipment from your wall and see what he says..

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Post by Giovanna Tue Jun 25, 2019 10:43 pm

He says that our house wall is his wall as well. I need to know if El Desarrollo Urbano would allow him to build his pool butted up against our house. I was hoping that someone could recommend a lawyer whom is familiar with the "law" regarding house construction. I have asked our contractor and he prefers to stay out of it. Our architect doesn't have the answer either. I had asked a mediator who took a month to tell me which department is responsible and that he couldn't put a nail in my wall without my permission but the mediator could not tell me about the legality of a pool built up against our house. I need to know this to use as ammunition when the time comes.
So if anyone can recommend a knowledgeable individual, I would be grateful.

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Post by ferret Tue Jun 25, 2019 11:51 pm

I don't know if he can do anything but I suspect that Spencer McMullen would most certainly know the person to contact.
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Post by brigitte Wed Jun 26, 2019 9:31 am

Usually walls are not common here it is either yours or his. I have 2 walls and my beighbors has the 2 others so if it is your wall he has bo right to put a pump n it . Talk to a lawyer. I do not know about the pool against your house but if the pump is in the wall and it is your wall I would think you could do something... maybe .. if none of these people would do or say anything , there may be a reason. If it is your wall he has no right to put a nail in it.. but then you have to establish whose wall it is to start with. Sometimes it is obvious and sometimes not...

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Post by CanuckBob Wed Jun 26, 2019 10:13 am

You may need to call in a surveyor to see what side of the property line the wall is on. If its dead center than it would likely be determined to be a common wall.

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Post by Giovanna Wed Jun 26, 2019 10:38 am

I think CB may be correct. The two houses were built by the same builder. Our house was for the builder and his wife and my neighbour’s house was for his mistress. I will make an appointment with Spencer to see whether he can recommend our next move.
Thank you all for your suggestions.

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Post by Carry Bean Wed Jun 26, 2019 11:04 am

The house next door was for his mistress? Who killed the builder, his wife or his girlfriend?

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Post by kiko Wed Jun 26, 2019 11:33 am

Offer to split the cost of a two speed pump. Tell him if he runs it on low speed it will save him 80% on his CFE bill. On low speed you will not hear the pump. You share may cost you about $150 or so and save a relationship. Before the install of the new pump, it would be cheap to add insulation like a foam material panel between the wall and pump as an extra measure. Mount the pump to the concrete with vibration rubber isolation feet.
You can get a good pump thru Amazon for a fraction of the cost here. I got a Hayward Super Pump II IIRC. Quiet.
If that does not fly, hire a concrete pumper truck to drop 10 yds of cement in the pool.
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