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Old 03-17-2014, 04:31 PM   #1
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Construction company trespassing?

Looking for advice on this matter of a construction company working on my parents property without their permission.

They have worked into about a metre and half of our property and even fenced it off.

The company in question asked for permission months ago but we refused them, fast forward to now they started construction finally but never touched our land. Last week someone from the company dropped off a $500 cheque to my parents and said this is for "being good neighbours and apologies for the noise". After that they started working on our property.

There are no signed documents, no verbal agreements, just that $500 transaction. Unfortunately my parents did deposit the cheque.

I have emailed city hall already but no response yet.

Is there anything we can do here? Do they have a right to do this after the $500 cheque?

Thanks,
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Old 03-17-2014, 04:34 PM   #2
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I would call city hall instead of emailing them.
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Old 03-17-2014, 04:37 PM   #3
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There is no mention in your post... did you even try calling/talking to the construction company?
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Old 03-17-2014, 04:38 PM   #4
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Tell them to get off your property or call the RCMP. Seems pretty easy to deal with. They are not invited onto your property and have been told they are not allowed. At this point its time to call the cops.
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Old 03-17-2014, 04:42 PM   #5
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seriously though, i agree with calling the city and/or the police non-emergency line to find out what your options are first.
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Old 03-17-2014, 04:42 PM   #6
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Write a letter thanking them for the noise compensation and ask for additional $1000 for them being on your property. Put it in an envelope and tape that to a stick, driven into the ground where they cross the line.
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Old 03-17-2014, 04:56 PM   #7
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What did they fence off? Is it a tree protection barrier?

I'm surprised they gave you $500 even though you didn't give them permission.

My neighbour's tree affected the construction of my house. During the permit stage, I remember asking them:

1) Can I cut down your tree? They said no.
2) Can I cut down your tree and pay you $$$. They still said no.

So I had to alter my plans. Didn't pay them a cent.

They benefited from my new fence though.
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Old 03-17-2014, 05:04 PM   #8
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They removed our existing fence and put up their OWN fence a metre and half into our property.

I called RCMP, said to contact bylaws. Unfortunately they're closed right now so I guess I'll try tomorrow.
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Old 03-17-2014, 05:11 PM   #9
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I recall reasonable 'intrusions' onto a neighbor's property being permitted when necessary but it could vary depending on the municipality.

Bylaw will likely confirm that to be the case.

The first thing you should do is call the construction company.

I would suggest that you should also return the check if you're not going to be "good neighbors" regarding the general demands of construction; I say this strictly from an ethical perspective.
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Old 03-17-2014, 05:47 PM   #10
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If this is Vancouver your email would end up at my office. It's a civil issue, no Bylaws in Vancouver to help you out on that one.
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Old 03-17-2014, 05:50 PM   #11
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what kind of fence? and what kind of fence did they take down?

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Old 03-17-2014, 06:07 PM   #12
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His parents accepted and deposited the money. Isn't that a sign of acknowledgement to go into a binding agreement with whatever the construction company is doing?
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Old 03-17-2014, 06:08 PM   #13
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Old 03-17-2014, 06:25 PM   #14
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This thread lacks so many details

What kind of construction? Are they working on your neighbours house or are they working on the street?

Have you tried contacting the company?
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Old 03-17-2014, 08:25 PM   #15
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This thread lacks so many details

What kind of construction? Are they working on your neighbours house or are they working on the street?

Have you tried contacting the company?
They're building townhouses behind our property.

Tried contacting them, guy said one their guys already said we agreed and to talk to him. Called him and no answer. I'm waiting on bylaws tomorrow.
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Old 03-17-2014, 08:33 PM   #16
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The company in question asked for permission months ago but we refused them, fast forward to now they started construction finally but never touched our land. Last week someone from the company dropped off a $500 cheque to my parents and said this is for "being good neighbours and apologies for the noise". After that they started working on our property.
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His parents accepted and deposited the money. Isn't that a sign of acknowledgement to go into a binding agreement with whatever the construction company is doing?

What binding agreement? His parents refused their request, and they came back a while after and said hey, thanks for being good neighbours, here's $500....Where does it say, 'hey, let us work on ur property and you can accept these $500?'....oh yeah, nowhere.
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Old 03-17-2014, 08:45 PM   #17
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^ Yes this may be the case in facts but the reality is that his parent deposited the cheque which made this into a his word against mine kind of case. It's easy now for the construction company to say that there was a verbal agreement between the parents and them and the $500 was consideration for allowing them to "trespass" onto the property. Greed will come back and bite you in the ass.
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Old 03-17-2014, 08:48 PM   #18
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^ Yes this may be the case in facts but the reality is that his parent deposited the cheque which made this into a his word against mine kind of case. It's easy now for the construction company to say that there was a verbal agreement between the parents and them and the $500 was consideration for allowing them to "trespass" onto the property. Greed will come back and bite you in the ass.
I was just answering the question.
That said, as someone else mentioned earlier, if the construction company was in fact giving the money to be allowed to proceed with construction on their property, then, for ethical reasons, I would give the money back and tell them to get off my property.
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Old 03-17-2014, 09:05 PM   #19
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I really don't see how there is going to be much of a case going for the guy's parents. Even if they give the money back, the construction company can just claim that they tried to unilaterally going back on their verbal agreement
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Old 03-17-2014, 09:22 PM   #20
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No way the construction company should encroach on your property without WRITTEN permission.

You should be allowed to keep the $500 since it was offered as an inconvenience settlement for the noise.. but had nothing to do with property encroachment.
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Old 03-17-2014, 09:24 PM   #21
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Speak with the developer, not the company building the townhouses. Unless they are one and the same
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Old 03-17-2014, 09:32 PM   #22
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No way the construction company should encroach on your property without WRITTEN permission.

You should be allowed to keep the $500 since it was offered as an inconvenience settlement for the noise.. but had nothing to do with property encroachment.
I honestly think the construction crew just pulled a fast one here hoping they would deposit the cheque. $500 for inconvenience settlement for the noise? How often do construction crew gives a shit about noise as long as they operate within the proper hours and they have their permits and development plans in place. A settlement implies that there is an underlying dispute and it was agreed to be settled which there wasn't any except for the property encroachment. Don't get me wrong, I don't think what the construction company did was right, but just think for a second why anyone would offer you free money without any motives behind it?
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Old 03-17-2014, 09:34 PM   #23
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go out with your phone record the construction and you telling them the owners did not agree or want them on your property by doing nothing its a sign of acknowledgement (and may be on the hook for any shared benefit like the fence)

call 911 stating people are trespassing and vandalizing your property

call the city on Monday

Lawyer up


your parents deposited the $500 though ultimately you're screwed but you can still be a pita

as for trying to say the $500 was simply for being good neighbours good luck with that unless it's written on the cheque otherwise its acknowledgement (and even then it would be tough)

you could still argue you didnt agree with your property being used but its going to be a long fight now after money has exchanged hands
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Old 03-17-2014, 09:37 PM   #24
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Back to OP, I would try to talk to the construction developer first but if that doesn't work, I would move the fences out of your property and make it known that they're trespassing? Hang a sign saying there has not been permission for them to work on your private property.

I'm not so sure if calling 911 would do much good, maybe file a civil claim in small claims court and serve the paper to them? At the very least they know you'll put up a fight and the worst you can do is waste your filing fees with the court
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Old 03-17-2014, 10:49 PM   #25
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Please do not call 911 about this. 911 is for EMERGENCIES, call the non-emergency line.

I would I just remove/destroy what was done on my property then send an invoice for removal and disposal to the contractor, but I'm a malicious prick.
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