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post #1 of 68 (permalink) Old 04-19-2011, 01:27 PM Thread Starter
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Any advice on this situation?

So my mom comes home last night and finds that her fence is gone. Her yard backs to a gas station and they decided that they did not like her wooden six foot fence so without giving her any notice they just tore it out and plan on replacing it. The fence was maybe fifteen years old and was still in good shape. Esthetics on the yard side were appealing; however, on the gas station side it may have been painted, by the revolving owners of the gas station, one too many times.

Anyways, I think it is ridiculous what they did and their carefree attitude is driving my mother and myself up the wall. However, I do not think it is worth the energy getting too upset until we see what kind of a fence they put up. If it turns out to be similar quality and esthetically pleasing, then I donít think it will be worth bothering with the situation. However, if it is not, what would be the steps to take? Lawyer, police?

Thanks.

Greg

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post #2 of 68 (permalink) Old 04-19-2011, 01:29 PM
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Let them tell you what kind of fence they are installing . If you get a problem , call the city to check on a permit for the fence.
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post #3 of 68 (permalink) Old 04-19-2011, 01:30 PM
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Depends if the fence was clearly on her property or the gas stations

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post #4 of 68 (permalink) Old 04-19-2011, 01:31 PM
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How can the gas station take down "her" fence? Is it the gas stations fence or is it on their property?

That's like me taking down my neighbor's fence.

If it was your moms fence on her property I'd be calling the cops!

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post #5 of 68 (permalink) Old 04-19-2011, 01:33 PM
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if it was on her property call the popo, if it was on their property deal with it or put up your own fence

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post #6 of 68 (permalink) Old 04-19-2011, 01:34 PM
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A wooden fence that is 15 years old is well past it's prime. A wooden fence has an average life of 12 years. If they replace with a 6 foot wooden fence, then I would write them a thank you note.

As far as them tearing it down, and painting it prior to that, they have absolutely no right to do that.

Go into the gas station and see what their intentions are and how quickly they plan on replacing it.
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post #7 of 68 (permalink) Old 04-19-2011, 01:35 PM
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Yeah, I'd verify who's property the fence was on before anything. There's a good chance that the gas station owner thought it was theirs.

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post #8 of 68 (permalink) Old 04-19-2011, 01:37 PM
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If things don't work out in your favor, go to your local zoning/elected official and make sure they understand exactly how furious you are.
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post #9 of 68 (permalink) Old 04-19-2011, 01:37 PM
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burn the gas station down

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post #10 of 68 (permalink) Old 04-19-2011, 01:38 PM
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+1 to what everyone is saying about the property line.

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post #11 of 68 (permalink) Old 04-19-2011, 01:40 PM
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Before going to anyone, go to the village hall and get a survey of the property and be exactly sure the fence was on her property. Also, get any proof you have of the fence that previously existed (pictures, reciepts if possible) and proof that the owners of the other property are in fact the ones who removed the fence.

Even if you go the police route, likely nothing criminally would be successful in court or even make it to court due to the fact they are supposedly going to make restitution by installing a new fence. Keep your fingers crossed the fence they replace it with is better than the one that was previously there.

Of course, there are always attorneys who are more than willing to take people's money and will gladly represent her in civil court/small claims court possible.

Good luck.
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post #12 of 68 (permalink) Old 04-19-2011, 01:40 PM
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Run their garden hose into their gas tank fill holes. That usually fixes little shit like this in no time.

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post #13 of 68 (permalink) Old 04-19-2011, 01:47 PM Thread Starter
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My mom just told me about this, this morning and she said she went to the gas station last night and they told her that they did not like the fence and they will be replacing it. They are being quite arrogant about it.

I put the fence in with my father and I believe it was on our side of the border. So they should have no reason to think it was theirs.

I wish she would have called me last night when she found the fence missing. If they do not put up a new acceptable fence by tonight, I will have to consult with CPD, although, I got a feeling that will not get me far. The permit and zoning method might be the way to go.

Greg

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post #14 of 68 (permalink) Old 04-19-2011, 01:50 PM

 
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post #15 of 68 (permalink) Old 04-19-2011, 01:51 PM
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If it was in fact on her property how could they not get in some type of trouble, especially with the cops?

Wouldn't that be considered property damage or something?

Hope it's resolved.

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post #16 of 68 (permalink) Old 04-19-2011, 01:53 PM
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If she lives in Chicago, pay a visit to her alderman.

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post #17 of 68 (permalink) Old 04-19-2011, 01:55 PM
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I happen to be an expert in commercial/residential fence issues. The nutbag that lives behind me has forced several issues in the last decade about the fence on HER property that the previous owner of MY building put up a long time ago. To make a long story short, you need to determine who's fence it is, i.e. who's property it is on. Once you determine that is how you proceed. Being the friendly type person I am, after you find out it is your fence that was torn down if that is the case, I would immediately talk to the gas station owner and negotiate a fence that is appealing to both of you. Legal issues are a huge waste of time and money, and nobody likes a dickhead neighbor either. Then figure out if you want the fence back on your property or on theirs. Most likely it is code to make sure there is a suitable buffer between res and commercial property to be installed and maintained by the business.

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post #18 of 68 (permalink) Old 04-19-2011, 01:56 PM
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Quote:
Originally Posted by Evil Twin View Post
If it was in fact on her property how could they not get in some type of trouble, especially with the cops?

Wouldn't that be considered property damage or something?

Hope it's resolved.
Distruction of private property?

It is not their decision about the type of fence that is there. If they want a different style, they should have constructed one of their choice on their property.

Get the zoning, and file a police report.

I'd be fuming.

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post #19 of 68 (permalink) Old 04-19-2011, 01:58 PM
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Quote:
Originally Posted by gsd656 View Post
My mom just told me about this, this morning and she said she went to the gas station last night and they told her that they did not like the fence and they will be replacing it. They are being quite arrogant about it.

I put the fence in with my father and I believe it was on our side of the border. So they should have no reason to think it was theirs.

I wish she would have called me last night when she found the fence missing. If they do not put up a new acceptable fence by tonight, I will have to consult with CPD, although, I got a feeling that will not get me far. The permit and zoning method might be the way to go.
Immediately take pics, then go shopping for a new fence and tell them which one you have decided on. Slam dunk in small claims court by the way. If they didn't like your fence they had an option of putting another one up on THEIR property instead of yours.

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post #20 of 68 (permalink) Old 04-19-2011, 02:16 PM
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i kinda want to see pics of what they did

very interesting

i want to drink, but only to kill a certain few brain cells and i don't care how many i have to take out to get to them.
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post #21 of 68 (permalink) Old 04-19-2011, 02:20 PM
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burn the gas station down

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post #22 of 68 (permalink) Old 04-19-2011, 02:21 PM
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If its on your property, they don't even have a right to paint the side facing them, without your permission.

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post #23 of 68 (permalink) Old 04-19-2011, 02:22 PM
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Report it to your homeowners insurance as vandalism, pay your deductible, subrogate for damages.
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post #24 of 68 (permalink) Old 04-19-2011, 02:22 PM
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If it is indeed on your property, wait until they put up the new fence, then...

1. Buy a keg (or 4)
2. Invite CLSB over
3. ???
4. New fence gets ripped down

I'm not sure how this benefits you, but it will be a lot of fun and piss off the gas station owners

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post #25 of 68 (permalink) Old 04-19-2011, 02:23 PM Thread Starter
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Thanks for all the advice.

Becasause I work and live 40 miles away, she is in Chicago on 83rd and Pulaski in Chicago, I will not be able to make it out there until the weekend to check things out. My mom does not get home from work until around 8pm so we will not know until then what happened if anything today.

Greg

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post #26 of 68 (permalink) Old 04-19-2011, 02:24 PM
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post #27 of 68 (permalink) Old 04-19-2011, 02:26 PM
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I'd call zoning anyway. Explain the situation, and ask them for advice.

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post #28 of 68 (permalink) Old 04-19-2011, 02:29 PM
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File a police report asap. And have the cops come with to discuss with the owner.

Talk to them first see if they will write you a check so your mom can choose the fence she wants. If they give her flack - explain that she had the fence she wanted and they destroyed it/stole it however you want to look at it. Explain to them that you don't like their car and will probably be replacing it with something nicer (according to your tastes). If this doesn't work onto step 2



Get a survey, find where the fence was, get pictures of the fence receipts/whatever, and an estimate to install a new fence. Hire a lawyer to write a letter requesting the funds.

Jordan
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post #29 of 68 (permalink) Old 04-19-2011, 02:30 PM
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Quote:
Originally Posted by Pocket Rockets View Post
Report it to your homeowners insurance as vandalism, pay your deductible, subrogate for damages.
Although I like this idea the most

Jordan
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post #30 of 68 (permalink) Old 04-19-2011, 02:32 PM
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i would call cops too asap, and get a police report. then call the building inspector.


then call tony soprano and fawk up the gas station
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