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Re: [RC] Problem with a neighbor - Steven ProeHi: If it were me I would call the County and report this Violation, I would not tell the Building Department all that you know keep it to a minimum and I would not mention the issue with the horses at all. I would say that you just became aware of the rules on setbacks, the County Building Department has a responsibility to enforce these setbacks or the Code Compliance Officer. When the County I assume approved the home they had to check the building plans including setbacks, I would not admit that you knew about the violation and you could "live with it" as long as they didn't complain. The First think that I would do is get me a Land-Use Attorney, as apparently you are not skilled in this type of dispute, Remember I said FIRST, there is also a portion of the law called" a overburdening of a easement" . I don't think that you can even build on a easement, you must read the Closing Papers to read "EXACTLY" what the easement allows and the purpose for the easement. hth Steven Proe ----- Original Message ----- From: "Ridecamp Guest" <guest-owner@xxxxxxxxxxxxxxxxx> To: <ridecamp@xxxxxxxxxxxxx> Sent: Thursday, June 24, 2004 10:20 PM Subject: [RC] Problem with a neighbor Please Reply to: Sandy sandy.l.holder@xxxxxxxxxx or ridecamp@xxxxxxxxxxxxx ========================================== I really need help/advice so please take a moment to read this e-mail. My husband and I moved from 'the city' to 'the country' so we could have our horses on our own property. We moved to San Martin, CA (between Gilroy & Morgan Hill - just south of San Jose, CA). In our dream home with property to build a barn and room for our horses for only 3 months, and we're already dealing with an issue with our neighbor (the previous owners mentioned in the walk through that they were 'difficult' but I try to not pre-judge people). I'll try to keep this brief but here are the facts: Our home = 12 acres of rolling hills, sloping down towards the valley, there are really only 2 flat spots, 1 with on an easement (PG&E gas line 16 feet under it) and one down by our neighbor's house. Their home = 10 acres sloping down to relatively flat land, with their home built right next to our mutual property line (the highest point). CC&R's say it's suppose to be 50 feet minimum, it's less than 15 feet as they dug into the hillside to put it there. Problem: the horses (mine and 2 of my friends) like to hang out at the lower flat spot because there are other horses below them on the north side. We pick up manure weekly from the lower pasture and fly spray them daily. I received a letter from his attorney today saying that they want us to put up a another fence, 30 feet from the mutual fence. We checked our CC&R's and it says that homes should be 50 feet from any mutual fence and pools (he has a hot tub 4 feet from the mutual fence) have to be 100 feet away. I've tried talking to him, even suggested putting a sprinkler down there to keep the dust down and discourage the horses from hanging out there. . all to no avail. I'm afraid I'll need an attorney and I'm already stretched (deposit down on a barn, incident with my trailer on the way to a ride this past weekend means a whole new axle, 2 kids in college and we stretched to get into the house to begin with. Any recommendations would be greatly appreciated (for an attorney or otherwise. Please send to my office (see cc: section above). =+( Thanks for listening. Sandy & Tally (who's finally adjusting to being a 'real horse' instead of a stall horse) -- Dave Biasotti & Sandy Holder // Gilroy, CA AERC# M30961 ============================================================ They're athletes! This is a partnership between horse and rider - we don't have any jockeys out there, just pals and partners. We'd allow a rider with a broken foot, a sore back and a nasty cold to compete - but we would never let a horse in a similiar condition hit the trail. ~ Dr. Barney Flemming DVM ridecamp.net information: http://www.endurance.net/ridecamp/ ============================================================ ============================================================ Arabians were bred for years primarily as a war horse and those requirements are similar to what we do today with endurance riding. ~ Homer Saferwiffle ridecamp.net information: http://www.endurance.net/ridecamp/ ============================================================
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