Would you be okay with this?

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Would you be okay with your neighbor doing this?

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Novcruisin

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Jun 3, 2015
59
Dallas. TX
We are looking to put in a pool. Our home has a zero lot, shared fence, with our neighbor. Unfortunately the size of our tiny strip of land isn't big enough to drive the backhoe through, we need to spill over onto our neighbors yard.

The backhoe will likely tear up all the grass in between our two properties and we will need to remove the fence and put up a temporary fence while that is being done.

What I want to ask everyone is: Would you be okay with this if:

(1) We paid to replace all your damaged sod

(2) We paid for the temporary fence

(3) We paid to put up a new fence once the project is complete

Contract said it could take about 8 weeks from start to finish.

How would you suggest we approach neighbor to ask about this and if it is okay?
 
I think you just walk over and ask them just like you did above.

Let them know you are thinking of putting in a pool, but due to limited access you want to know if they would allow you to remove the fence and make the repairs after the fact that you describe.

And bribe them with a pool BBQ when it is done ;)
 
I would be OK with that as well.
If you think it's going to take 8 weeks, quote 12-14.
Do not offer monetary compensation, not at first. You might need to throw that in if the neighbor is difficult and that's the only way to get it done.
Do not offer your pool for them to use anytime. You might invite them now and again, but if you make it an anytime policy, you will most likely 'have to have a chat' about it afterwards.

Yeah, the dog situation is the only thing that would give me pause and even that's manageable.
 
For me it would depend on which neighbor asked me. Some neighbors I know to be reliable, and others not so much. If you were the reliable/good neighbor, I say sure. Otherwise I'd be very hesitant.
 
Those three thing time you listed are just the start. If I was your neighbor I would be asking how you would protect me from other unanticipated problems and cost. What about liabilities on damages to his property any potential injuries to contractors.
 
Im sure this same situation happens quite regular.

the 3 questions are the ones to ask the neighbor

laprjns brings up a good point about financial protection, and that can be handled easilty enough. To protect your neighbor and yourself from damages, all your contractors and subs need to have liability insurance.

The PB and subs also all need to provide a Certificate of Insurance (COI) which will state their insurance types and limits per occurance, and name your neighbor as the Certificate Holder. With your neighbor as the Certificate Holder, then if something happens, the insurance company is obliged to settle (usually), that liability claim on his property or persons are covered by the PB and subcontractor liability insurance.

You should also ask the PB and subs to provide you with a COI with you named as the certificate holder.
This will protect you and your assets should an accident happen resulting in an insurance claim on the PB and subs insurance.

COI's are standard business practice, especially for construction projects, and are provided by the Insurance Company's Risk Assessment officer or underwriter. There should also be no additional cost to you for them to provide a COI. The cost of that is included in the insureds premiums.

If no one wants to provide a COI or says they dont provide that, or dont know what it is, then they most likely do not have any insurance, or very little.

If the PB says "oh yeah I have insurance" and perhaps shows you his insurance policy, that does not mean they have to pay anything to you for an accident that happens on your property.
If something happens and you dont have a COI, you will end up in court dueling the insurance companies hired guns.
 
I think your going to get all yes answers because your on a pool forum. We're here because we enjoy pools. People who hate pools are likely not trolling the construction section.

Are you and your neighbor on good terms? He friendly or a no noise wanted type of person?
 
I would first ask to see if you PB could source a small excavator/ track hoe along with a track skidsteer. Using both in the place of a back hoe would cut down considerably on the amount of room a back hoe requires to operate and subsequent risk to your neighbor. It might cost a little more for the rental but you don't have to get cozy with the people next door.
 

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We aren't the type of neighbors who invite each other over for dinner by any means but we know each others names, say hi when we see each other and are friendly enough that once my cat got out and lost its collar and she found it in her backyard and brought it back to me :p

Also, I don't know that she cares all that much about her yard. We pay a service to keep weeds under control, we mow weekly and have sprinklers, so we actually have pretty grass. Her yard is 80% weeds and she barely trims her front area bushes, etc. My husband who is tall can stand on our back patio and if he looks over he can see her dead Christmas tree is still in her backyard...

She does have a small dog who goes back there to do its business, but again we are offering to put up a temporary fence.
 
I asked my neighbor if he would be willing to cut down two trees so I would not have the limbs/leaves over the pool. He said he had been wanting to take them down anyway, so we split the cost! Never hurts to ask, all they can say is no.
 
I would love to say yes but my pool construction process wasn't smooth sailing and I ended up having to spend an additional $5K on repairs to my landscaping and driveway. My fear would be the "unexpected". If I were protected, in writing, I would be more open to the idea. I do hope it turns out good for you!
 
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