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They shot a bb gun at my dog. Luckily for him, they missed. Unfortunately, they hit the glass sliding patio door, shattering it. Luckily, we had a window tinting film, which is holding all of those itty bitty pieces together. They ran before we could figure out where the shot came from, so we called the cops. I was surprised at how quickly they replied to a no injury, somewhat minor call- less then 10 minutes. And the cop said it had been a busy, crazy, crazy day. He came, took our statement, told us not to expect anything and then went and started talking to our neighbors. About 2 hours later, he returned with names and confessions. The cop says the families have offered to pay for the patio doors, but we are a bit cynical. The kid who fired is being charged with criminal mischief. He's 15, so old enough to know better then to shoot at people's house (the kids claim they weren't shooting at the dog, but a can of bug spray directly in front of the patio door). For anyone keeping track, this week, the hot water heater broke, pipes under our sidewalk (so our responsibility, not the cities) burst and now a shattered patio door. So, this week has not been my week.
Posts: 1001 | Registered: Mar 2006
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Wow, that's quite a week. Kudos to the cops for finding the little ruffian so quickly.
Scholar, are you sure the water pipes broke on your side of the property line? Often people think they know where the line is but they are off by some distance.
If you have a survey of the house pull it out and see if the sidewalks are shown. Or they aren't shown, there should be at least one length on the drawing from your house to the property line that you can use to judge where the lioe is.
Posts: 6316 | Registered: Jun 2003
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Based on the teenage boys in my neighborhood that I have talked to, everyone has a bb gun. I'm in Texas, in a neighborhood were normally I feel very safe. Now, whenever I look at the shattered glass in the door, I think, what if it that film hadn't held those pieces together? How injured would my dog be (he is a mini-dachshund)? What if it had shattered while my daughter was playing over there? What if the bb gun had hit my little dog? I know bb guns do very little damage, but my dog is pretty tiny so he would be easier to hurt. We had the city come check where the leak was and the property already. They are very adamant that it is on our property.
Posts: 1001 | Registered: Mar 2006
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quote:pipes under our sidewalk (so our responsibility, not the cities) burst
If it's under sidewalk, that should be the cities responsibility, shouldn't it? Don't they have to buy that land with eminent domain to even build the sidewalk on it?
Posts: 3295 | Registered: Jun 2004
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I wonder how the kids can possibly think it's okay to shoot at a can of (I assume aerosol) bug spray on your property. I'm glad the police arrested him regardless of his claims. And doubly glad that puppy is okay and that you *only* have a property damage claim against him.
As for the water lines, of course the city is going to do their best to convince you that it's your fault. I can't be certain that the sidewalk is automatically your responsibility - it depends entirely on how the lots are plotted out and which sidewalk you mean. Walkway to the front door, probably yours. Walkway parallel to the street running across the front of the property, maybe or maybe not. Walkway from the street to that main parallel sidewalk, probably not, that's generally considered city property because that's where all the piping and the easements for public utilities are located. Definitely doublecheck your property survey (you should probably have received this as part of your purchase paperwork, if not, it will be on file with the county recorder) and find out exactly where your property line is at.
Posts: 4515 | Registered: Jul 2004
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Hey Nighthawk...I was in Miami for about 7 hours last night. I forgot thatīs the Florida city you live in. I would have loved to watch the sunrise on the beach, but I was busy getting on a plane.
Posts: 3354 | Registered: May 2005
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In Minneapolis, my property runs to the street, and the sidewalk sits on an easement. An easement gives the city the right to use the land, but does not transfer ownership. However, the waterline is considered the city's property only up to the shut-off valve from the street and the homeowner's property thereafter, regardless of where that valve is in relation to the property line. That way there's a clear demarcation.
i know this because I had the same situation a few years ago, but the leak was under the boulevard, not the sidewalk. So it was between the public sidewalk and the street, and was still mine. I'm pretty sure that the whole easement vs. ownership thing is pretty standard, though, as that's the way it was explained in the real estate classes I took in December and city sidewalks were used as an example. It certainly doesn't hurt to check, but I'd lay money that scholar owns the property all the way to the street.
Posts: 7954 | Registered: Mar 2004
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I think ElJay is right. The city defines things they fix by which side of the shut-off valve it is on. I think with the sidewalk, it is my propery and I might have the option to not have a sidewalk, as some of my neighbors don't have sidewalks, though most of us do.
Posts: 1001 | Registered: Mar 2006
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I'm sorry! Someone on my birth month bulletin board had a similar incident yesterday-- except the neighbor HIT the dog. In the neck. (He survived and it looks like he'll be okay, but he's in lots of pain.) The cops took him away but he was out the same day and no word on whether he's even being charged (shouldn't that be animal cruelty charges?) They told her that the most she could do was take him to small claims for the vet bill and it probably isn't worth her trouble.
We told her to insist on pressing charges.
Posts: 21182 | Registered: Sep 2004
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I have no experience with water line issues.
quote:Originally posted by ElJay: It certainly doesn't hurt to check, but I'd lay money that scholar owns the property all the way to the street.
However, I did do land surveying for 3 years, and at least in metro Atlanta, the property line is almost never at the street, even though many clients assumed that. Exceptions are condos with private roads and lots off country roads. But in subdivisions and most other areas the right-of-way is just about always larger than the physical road.
Whether that holds true for your subdivision/city/state, or even matters for your water problem I have no idea. You should ask someone locally or look at your survey. If you didn't get a survey when you bought the property, you can look up the subdivision plat at county offices.
Posts: 6316 | Registered: Jun 2003
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I know in Jersey that water lines are the property-owner's responsibility down to where they connect with the city/town water at the street. Sidewalks (the shoveling and repairing of) are also the responsibility of the property-owner - even so far as the property-owner being liable if someone slips on snow/ice/cracked pavement on the sidewalk and gets hurt.
Of course, if the town comes to cut down a tree on your lawn that is within the easement, they are perfectly within their rights to do that, too.
From my experience in NJ at least, if something goes wrong anywhere on your property down to the curb it's your problem - but if something is in their way near the sidewalk/curb, the town can do whatever they like to it.
Posts: 3960 | Registered: Jul 2001
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quote:the kids claim they weren't shooting at the dog, but a can of bug spray directly in front of the patio door
I have to say, I love their defense.
"We weren't shooting at the dog. We were shooting at a container of highly pressurized flammable gas!"
Posts: 3852 | Registered: Feb 2002
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A container of pressurized inflammable gas in front of a glass door, mind you, so that even were they to hit the can, the glass would still probably break.
Posts: 655 | Registered: May 2005
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similar thing happened to my neighbor's cat last summer, only it wasn't a bb gun it was a .22, and the shooter was an adult, and the shooter didn't miss. Surprisingly the cat lived. We all think we know who did it, however there is no proof, so nothing can be done. the police were informed (by us, the neighbor was too scared to call) and the suspect now knows he's a suspect. We live in a normally quiet neighborhood with lots of kids (3 of them belong to me) and I get very angry thinking about what he did.
Posts: 197 | Registered: Jan 2007
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Ugh- now the neighbors are claiming that I should have fixed the door instead of replacing it. The glass was completely shattered and I asked a guy who flips houses and a guy who works at Ace if I should try to hire a glass guy and both said that really wouldn't save much if any money. I couldn't just replace the panel because the sliding door is so old. This is so frustrating!!!! My sister (the lawyer) says just take them to court since it is an open and shut case, but I hate the idea of being litigious. They want to meet and discuss and I am wondering if I should get a lawyer to show up for it.
Posts: 1001 | Registered: Mar 2006
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I didn't contact my homeowners insurance because the cost was under the deductible (our deductible is fairly high). Should I contact them?
Posts: 1001 | Registered: Mar 2006
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Thanks for the advice! Hopefully, they will decide to be reasonable. Oh, also before we replaced the door, we showed one of the parents the quotes and he said it all looked reasonable to him. He said he would show it to the others and get money- that they didn't all come because they didn't want to overwhelm me. So, now, a week later, after we went ahead and installed the door to hear that they have all decided it was unfair is really upsetting.
Posts: 1001 | Registered: Mar 2006
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So, I just got off the phone with the police (it took a while and the neighbors kept changing their minds). They are now claiming that there was no crime committed and I agreed to settle this civilly (I said, if I receive restitution, I am fine with them not being charged. At every point I included only if restituion is paid adn I never signed anything other then that I wanted charges pressed). I HATE THIS!!! I do plan to call back and talk to his supervisors and the DA. I am just too frustrated right now to do it.
Posts: 2223 | Registered: Mar 2008
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Definitely time to contact your homeowner's insurance. Advise them of what's taken place so far, including the fact that you hadn't previously notified them because of the replacement cost compared to your deductible and the fact that you had a verbal agreement with at least one of the parents to stand good for the cost. I think at this point there needs to be a lawsuit, and some insurance companies will coordinate on behalf of the insured in this regard.
Oh, and if you haven't already, DOCUMENT! All of your conversations, all agreements, etc. The more substantial your proof, the better a lawyer can represent you.
Posts: 4515 | Registered: Jul 2004
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Why is there more than one set of parents involved in this? Is there more than one kid? It's probably a deal where someone said "but I know a guy who could fix it..." and they got thinking they should only pay you materials.
Write down everything you can remember.
You could probably send them a letter that outlines what it would cost for them to make good now, and let them know that you'll be contacting a lawyer if you don't get a reply in ten (10) days, and then there will start to be legal fees in addition to what the police reports substantiate was damaged.
Posts: 11017 | Registered: Apr 2003
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The three kids were playing at a house- kid one brings the gun to kid twos house and kid three says, let's shoot at your neighbor's house. Kid Two's dad watched and did nothing to stop them (or stop them from running). Kid two's dad looked at my quotes and ok'd it. Then two weeks later, he called every glass company in town, found the cheapest price and said that's what I will pay. I am documenting everything. I am annoyed with the police because I said at every point that I only would drop if the kids paid restitution. I also haven't gotten an apology yet, which I was promised. I don't like that they can just lie to the cops and get away with it.
Posts: 2223 | Registered: Mar 2008
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Oh yeah, the reply should be in the form of payment, and send your letter by certified mail.
Though I guess if they want to meet an there isn't time for all that, yeah, just bring a lawyer to the meeting.
Posts: 11017 | Registered: Apr 2003
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