Adam Posted June 22, 2013 Report Share Posted June 22, 2013 My neighbor is trying to sue me because her concrete is spalling/honeycomb or the carbonation from what I can tell and I have received a summons because of her. She hasn't been specific about the damages that is happening but the only damage if that's what you want to call it is the deterioration in the exposed concrete which is on her concrete foundation of her house. She is implying my 4 Japanese boxwood (small hedges which are 2 ft away from her house) and a block way (permit acquired) in a different loction are causing damages and future damages to her house. I do have pictures to send as well to help with your diagnosis. The paint has come off in sections from her foundation and the sand has come away from the stones in her concrete. Her foundation is exposed about 1 foot from the ground to her siding and the ground is sloping away from her house..sloping towards my property. What would be causing the concrete on her foundation to scale or flake off like that? Am I to cause because of the location of the wall and or the plants that are located where they are? I look forward to your replies Click to Enlarge 55.98 KB Click to Enlarge 69.54 KB Click to Enlarge 57.74 KB Click to Enlarge 86.09 KB Link to comment Share on other sites More sharing options...
Stephen Lagueux Posted June 22, 2013 Report Share Posted June 22, 2013 If you were in Quebec, I'd say the foundation problem you describe is from excess humidity coming out from the basement at the top of the foundation walls. I don't know about NM so my post is probably worth s.... 1- here I ask to keep 1 foot clear of any plants and shrubs at the foundation walls so that 2 feet of yours should cause no problems. 2- it is not recommended to paint the foundation. Paint is a vapor barrier and will emprison moisture and dammage concrete. That would be her own doing. 3- imho, that suit has no merit and an expert has to be brought in by her to validate her saying in court. 4- if it goes any further, hire a tree expert so you have the upper hand. 5- I would'nt worry about it. Link to comment Share on other sites More sharing options...
Adam Posted June 22, 2013 Author Report Share Posted June 22, 2013 Thank you Stephen. She does not have a basement. We do not have much rain here in New Mexico and I do not even water my plants anymore. They have been there for about 6 years and will not get any bigger than what they already have. I tried to talk with my neighbor but she just yells. I told her I would remove the plants but the wall I received a permit from the city. I am in a homeowners association and have tried numerous times for them (association) to ok the wall (visual but they never respond back) back in 2009 and still today. The permit was acquired in 2009 and now she is complaining like this. Link to comment Share on other sites More sharing options...
ghentjr Posted June 22, 2013 Report Share Posted June 22, 2013 Looks like latex paint on damp concrete. Keeping concrete damp will cause it to deteriorate. Boxwoods do not cause carbonation/peeling/deterioration. I have boxwoods next to concrete for over 20 years. May also be deterioration of the EFIS siding because of the proximity to the downspouts. I would, however, seek the advice of an attorney in your area. You could offer to replace the boxwood with a climbing poison ivy. Link to comment Share on other sites More sharing options...
Jim Katen Posted June 22, 2013 Report Share Posted June 22, 2013 I don't see any problem with the boxwoods. I don't see any problem with the wall. I don't see any problem with the foundation. All I see is a little peeling paint. Here's an observation: This isn't about the foundation, the boxwoods, or the wall. The problem has to do with the woman. Either she's mad at you for some other reason, or she's got other issues. Link to comment Share on other sites More sharing options...
John Kogel Posted June 23, 2013 Report Share Posted June 23, 2013 They say that about one third of the population has a psychosis of some kind. Given an even distribution across the planet, every sane person on Earth has one crazy neighbor. [] Having said that, I think if you measure with a tape, some of your foliage is over the line. Are you keeping them trimmed so they don't grow over onto her property? Why not dig them up and move them your way a foot? OK, maybe I'm crazy too. Link to comment Share on other sites More sharing options...
Mark P Posted June 23, 2013 Report Share Posted June 23, 2013 I agree with Jim. There is an underlying issue. Link to comment Share on other sites More sharing options...
gtblum Posted June 23, 2013 Report Share Posted June 23, 2013 Here's an observation: This isn't about the foundation, the boxwoods, or the wall. The problem has to do with the woman. Either she's mad at you for some other reason, or she's got other issues. Or, maybe there's more to this than one side of the story? How long has this shrubbery feud been going on, Adam? Why was it allowed to escalate to the point of litigation? Why did you feel the need to plant these shrubs anywhere near the exact property line, in the first place? It doesn't look like foot or two would make much difference in the appearance of your lawn. Seems to me, a little common sense, could've saved a you lot of grief. If you know you live next to a kook, and you don't plan to move, then ya gotta be smarter than they are. Link to comment Share on other sites More sharing options...
Bain Posted June 24, 2013 Report Share Posted June 24, 2013 Either she's mad at you for some other reason, or she's got other issues. They all have issues. It isn't a matter of if, but rather of when. Link to comment Share on other sites More sharing options...
Chad Fabry Posted June 24, 2013 Report Share Posted June 24, 2013 Much of my income comes from disputes like this. After 5 years I've decided that it takes two whack-jobs for a neighbor dispute to get to litigation. Link to comment Share on other sites More sharing options...
Adam Posted June 25, 2013 Author Report Share Posted June 25, 2013 Thank you everyone for your responses. She is the type that stays in her house and NEVER comes out. Many of the neighbors have never seen her and if they have it has been only once. In being her naighbor for 13 yrs I have only seen 1 person at her house. She drives straight into the garage, blinds are ALWAYS closed and it has been up to 100 degrees and her swamp cooler has yet to be serviced and run for this year. She must be hot as hell in her place. Yes it takes 2 to make an issue...I agree. I have told her I will remove the plants and all she did was yell and curse me out and say she will take everything from me and walked off. The wall like I said I received a permit for and there is a section because when I had the wall built the labors didn't listen to me and part of it encroaches on her utility easement by 3 inches. All of these were there for years with no issue until she has just flipped out. Now my posting was for anybody's knowledge was on if the plants can actually damage the foundation. I would say the non painted section on the foundation has lost maybe at worst case a 1/4 inch of sand that has come out. Link to comment Share on other sites More sharing options...
gtblum Posted June 25, 2013 Report Share Posted June 25, 2013 Adam! I have told her I will remove the plants and all she did was yell and curse me out and say she will take everything from me and walked off. MOVE THEM! You could also offer one up. Just saying. [utube] " type="application/x-shockwave-flash" wmode="transparent" width="425" height="344"> Link to comment Share on other sites More sharing options...
Adam Posted June 26, 2013 Author Report Share Posted June 26, 2013 All plants have been removed (thrown in the trash). Link to comment Share on other sites More sharing options...
Jim Katen Posted June 26, 2013 Report Share Posted June 26, 2013 All plants have been removed (thrown in the trash). Wuss. Link to comment Share on other sites More sharing options...
Steven Hockstein Posted June 26, 2013 Report Share Posted June 26, 2013 All plants have been removed (thrown in the trash). Wuss. That made me laugh. Link to comment Share on other sites More sharing options...
kurt Posted June 26, 2013 Report Share Posted June 26, 2013 Me too, because it's true. Link to comment Share on other sites More sharing options...
Marc Posted June 26, 2013 Report Share Posted June 26, 2013 I'm on Adam's side. There's a time to fight...and a time when it's not worth a buncha small plants. Marc Link to comment Share on other sites More sharing options...
Stephen Lagueux Posted June 26, 2013 Report Share Posted June 26, 2013 Build a 16 foot concrete wall instead... Link to comment Share on other sites More sharing options...
gtblum Posted June 26, 2013 Report Share Posted June 26, 2013 Build a 16 foot concrete wall instead... Nah, too much money. Buy another house and turn that one into a HUD rental. I hear they pay on time. Link to comment Share on other sites More sharing options...
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