Sunday, August 14, 2022

JUSTICE -- INJUSTICE -- IT'S JUST BUSINESS

 Republic -- "If you can keep it."  -- (Democracy)

Accountability for Jan. 6 insurrection.

U. S. Select House Committee Hearings will continue in the fall.


QUESTION:  Why were all those files reported by the Ex-President's lawyer as having been returned to U.S. government still in Mar-a-largo, possibly placing  our nation's security at risk?

"Cheats and Liars" (Official Music Video)

by Elles Bailey 

"Bristol-based, multi-award-winning, genre-crossing' Elles Bailey's ... video "Cheats and Liars' written with Ashton Tucker from her album "Shinng in the Half Light", released earlier in 2022.

LIFE'S INJUSTICES

Some readers here may recall my writing a few years ago about my frustration with a neighbor's backyard leaning wall subjecting a corner of my attached wall to increasing pressures causing the concrete blocks to destructively pull apart.  A licensed arborist informally noted years of rampant uncontrolled growth and underground roots on the opposite side of the neighbor's wall was causing the escalating leaning on that wall that was pulling the corner of my wall out of alignment and away from the rest of my wall.  Obviously, the situation would only worsen if some action was not taken by my neighbor with the property owners on the other side of his wall to correct the problem.

Thinking my neighbor would be pleased I had discovered this problem so early, I invited him into my backyard to see what was happening.  I thought he could act to contact those tall hedge owners who would want to correct the problem before his wall collapsed and would be much more expensive to repair.  My wall was their victim, too, so the neighbor and those other property owners would be responsible for any damage expenses, wouldn't they?  Duh!  Logic and what is just does not always apply.

I was given the impression the neighbor would pursue the issue and get back to me, expecting we would act together.  His wall kept leaning.  The corner of my wall cement blocks continued to be pulled further and further apart from one another threatening the integrity of my entire back wall.  The neighbor actually never really acknowledged what his eyes and mine, plus scientific measurements with photos taken over time showed.  

City officials even became involved to examine the issues in a neutral manner exclusive of any monetary matters in which they don't become involved when I finally contacted them with my concerns. They did point out problems to my neighbor.  Concluding much later that the neighbor seemed to be taking no action, I consulted further with our city officials to receive authorization to disconnect his wall from mine.  By this time the damage to my wall had reached a degree I had to hire reconstruction which was not inexpensive (10K).

Had I realized the neighbor would persist in inaction, apparent denial of the obvious, and was doing nothing meaningful to rectify the problem, I would have disconnected my wall from his sooner.  We had talked periodically, and he observed in person what was occurring to my wall, plus I emailed him photos and data believing he was addressing the issue with the owners on the other side of his wall.

Finally, I was surprised to be told by city officials they had asked and the neighbor said he would provide me some financial reimbursement for my expense.   I allowed time to pass. expecting to hear from my neighbor.  When last he came to my home, and we talked, he mentioned having some vision problems which were altering his immediate activity.   When discussion of my wall reconstruction costs came up, I told him the total I paid.   I did not press him on reimbursement when he said nothing, since he was dealing with those medical vision issues. 

I expected I would hear from him following some resolution there and he considered the information I had given him.  Time passed, so hearing nothing further from him I emailed a brief query asking about his intentions.  I eventually received an even briefer two or three word unsigned response to the effect the problem was mine.

I reluctantly considered legal action, but such a small case was not of interest to attorneys or cost effective for me to press them.   I was experiencing some medical issues of my own affecting my mobility at the time so small claims court had to be ruled out.  I am confident I would have won given my accumulated documentation. 

Serving the lawsuit was going to be seriously problematic since the neighbor no longer lived in the home or even in our city.  There is no assurance in small claims court a judgment will be collectable if the person chooses not to pay, even though the last I knew the owner was employed in what is typically a high paying profession.

Subsequently, the neighbor's house was sold.  New owners are in the construction business I recently learned.  They independently replaced their back wall which finally fully collapsed when unusually severe winds blew through our city last year causing much damage.  They are not pursuing costs from those property owners on the other side of their wall.  

The tall hedges have finally been cut down, though I've wondered if root growth or possible expanding above ground growth into the area behind my reconstructed corner wall section could possibly be a problem in the distant future.  I did send a letter to the property owners on the other side of my neighbor's wall alerting them to my concern.  I wanted to have that information on record.   There is no recompense for my wall expense from the new neighbor owners, of course, which I didn't ask for and wouldn't expect.  

A wall section separating our properties has a weakened section the new owner plans to replace but I declined to contribute to the cost of doing so.  The problem previously given a band-aid was caused by growth on that neighbor's property since there have never been any plants on my side of the wall.  The previous owner of his property had been cautioned by city officials that his plants were of concern as causing that wall problem.  I became aware he had all those plants dug up which occurred just prior to his selling the property.  This news appeared to be not previously known to the new owner which I think helped him understand my perspective.  I hope to hear no more about wall issues.

Some individuals, companies, businesses, disregard what is right and fair if there is no way to enforce what is even legally and morally just.  They justify doing so by saying, "It's just business", with no conscience or sense of guilt much less empathy or compassion for the abused party.

I've known life is not always fair, that there are people who really don't care about others or seem to have any moral compass.  I always feel such disappointment, anger, sometimes sadness, not to mention regret  -- especially, when I think about what I anticipated doing with the money I had to pay to repair my wall, to say the least -- when I encounter such individuals.  Justice does not always prevail.  

No doubt some of you may have similar stories of injustices you've experienced.



27 comments:

  1. Ramana Rajgopaul8/14/2022 4:14 AM

    Quite a story and I am surprised at the patience that you showed. No, I have not had any similar experience/s. At least, not so far.

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    1. Neighbor and I had good relationship. Given the nature of medical services he was providing a needy population, my compassion for anyone with onset of vision issues due to my family history, I wanted to allow him leeway to act.

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  2. Oh boy, Joared, I am so sorry to hear about these troubles you had with the conscienceless neighbour. I had one such who put up a huge commercial building beside my last property and had lied about the plans to the municipality. He cut off sunlight to my property and it cost me $100,000 in reduced value to my own lovely property. I had appealed to him when he was constructing but he just laughed. It still enrages me, I hate feeling so powerless.
    XO
    WWW

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    1. Oh, that's really despicable on many levels, costly to you, too.
      Given he lied to municipality they should have made him tear it down.

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  3. Phew, thankfully nothing anything like that. I am so sorry you have gone through such a long, disturbing and expensive ordeal.

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    1. Glad you've not had any such comparable experience.

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  4. Been there, done that with fence disputes. Sorry you had to go through all this.

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  5. These neighbourhood conflicts can be so annoying. There is a beautiful and large tree growing two houses down from us that has very aggressive root growths especially during dry periods such as now. When the next door neighbour found roots growing and destroying his waste pipes underneath his house, he installed special lining inside his pipes. He tried to get the owner of the tree, his next door neighbour, to at least pay some of the cost. Unsuccessfully so as the tree owner claimed the roots could be from any tree. The following year, the roots found their way into our waste pipes, now two houses from the tree itself. Thanks to the fact that I am married to a biology teacher, we sent the roots together with some leaves to a lab to confirm their origin via DNA test and not only did the owner pay for the test but also for 75 percent of the pipe lining costs. The tree is still wonderful and provides much needed shade. I am told the lining will protect us for at least 20 years by which time it most likely will have outlived us.

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    1. Good for you and your husband's knowledge to research the tree roots origins. Amazing to me the roots extended two houses down to your place.

      We had a city-owned tree in our parkway that had been planted next to the water meter. Tree roots got into water line to our house. The area was dug up for repair revealing the problem had occurred before and had to be repaired. City would not pay for our expense and had to have their permission to sue them which they did not give. Others in our city have reported similar issues. Due to other issues we finally got rid of the tree years later.

      Unfortunately, there was another parkway tree creating different problems for which the city had to take responsibility. These narrow parkways between the sidewalk and street curb are no place for trees as much as their shade can be appreciated. Now, in our drought conditions with decreased watering, the city's two replacement trees placed elsewhere in the parkway are thirsty so I expect their roots are seeking water sources. Our area has been considered to have a mediterranean climate, but I don't know now as it begins to seem more like desert.

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  6. I hope your wall issues are resolved for once and for all. I can't help but wonder why some people don't take responsibility for harm they cause to other people's property, knowing they can get away with that. Your story is a good example of that kind of situation. I do know of someone locally who has a similar wall problem currently that is unresolved at this point. In that case, there was also a series of owners who said they would do what was needed to prevent more damage.

    It's not the same but, along the same lines, the condominium I own is one of 74 in a condominium complex. It was built in the late 1970s by developers who cut corners in every way possible in order to benefit themselves financially. For starters, they neglected to install dryer vents in some of the units. I had a "lint bucket" for years until I could afford to pay a contractor to vent the dryer to the outside. Last summer, we were without running water for a few days as repairs needed to be made to suboptimal underground pipes that were installed in a shoddy manner. The developers are long gone, probably dead by now. What they did for the sake of financial gain was unjust. As I understand, many condominium complexes, even newer ones, have similar issues.

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    1. What your condo complex experienced in construction can be a problem all too often as I've read of various such problems.

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  7. Sometimes neighbors are honorable and sometimes not.

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    1. Thanks for adding your comment. Please add some sort of identification so I'll know the source.

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  8. Hope Trump is punished for his crimes. As for the wall, it's sad that your neighbor did not do his part to rectify the problem. Sounds like your new neighbor is better. Gigi hawaii

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    1. I hope the new neighbor will be more amenable. Time will tell when he actually undertakes what he said were his plans for the area separating our properties from the back yard to the street in the front -- tearing out existing tall hedges in one area.

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  9. Oh, that's such a mess. I'm sorry. May we all be saved from the Curse of Lousy Neighbors.

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    1. I wouldn't wish this sort of neighbor issue on anyone.

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  10. Yes, we know life is unfair and that human behavior is often a puzzle not easily solved, but it certainly frustrates nonetheless when things of this nature occur.

    May the new owners be more agreeable!

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  11. It's a nightmare if you get into some complicated dispute with a neighbour. When we lived in a London flat, the people in the flat below had regular all-night parties and wouldn't listen to complaints. We had to get help from Environmental Health and eventually the occupants moved out. Luckily we get on with our present neighbours very well and have no problems.

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    1. That would be maddening. A blogger friend experienced a similar problem with a neighbor who was an aspiring musician and practiced to all hours, right under her bedroom. Name musicians she had known and lived near in NYC always had done their practicing elsewhere even when starting out and were very considerate of neighbors.

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  12. Dear Joared, I have been fortunate both here in western Missouri and in Stillwater, Minnesota. It was there I bought my first home at age forty-one. I lived there 32 years and had neighbors with that "moral compass" that we've discovered in the past six years is so necessary when facts become suspect by so many. Here, too, I have lovely neighbors and no problems. But I can so sympathize with your situation because money sometimes is so tight and because I get stressed when I don't understand the why and wherefore of the actions of those who seem set on creating chaos and upheaval.

    I'm amazed at your equanimity. It's inspiring. Peace from Dee Ready cominghometomyself blog

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    1. I'm glad you have had such good neighbors all those years. Certainly these times can be stressful with more chaos than seems manageable at times.

      We moved about a bit over the years. Growing up my parents never had neighbor issues. I had no neighbor issues when young in our college dorm, or when still single, working and living in my half of a double. After I wed, my husband and I never encountered neighbor issues either as we lived in various settings, then ultimately in homes of our own in various parts of the country. Having had no history of such difficulties, I had no reason to think this wall situation would become so problematic since my neighbor, though rather new had been personable, pleasant, solicitous and friendly, so I approached it in that frame of mind.

      I have wondered if my being an aging widow might have had any bearing on how this situation evolved. Also, given the nature of the final message I received I wondered if the message might have been sent by some family member not known to me other than my neighbor, -- if whatever his vision issues he had mentioned earlier were, could have become a serious medical issue. He just never seemed the type to act as has occurred. The last I knew he had been providing medical services in an area of Los Angeles much in need of such care which could be admired. Perhaps this was a time when his life was at low ebb.

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    2. Is it’s so true that we just never know what truly motivates people. Sometimes I’m not even sure what motivates me to actions and words. When we ourselves are most at peace I think then we can usually forgo The negative thoughts and judgments and just trust that everyone is trying to do her or his best. But sometimes the stress just builds up and it’s hard to find equanimity in the midst of that. Peace, Dee

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  13. I appreciate your wall problems. I've tried to avoid them on the rare occasions they've cropped up. The rule in the UK seems to be that costs associated with a shared wall should be shared by adjacent neighbours. However there is also another "rule" whereby my neighbour on the right pays for all the costs associated with the right-hand wall (more usually a fence) and I pay for the left-hand wall. Quite recently my current rh neighbour (a great DIY enthusiast) removed the rickety fence between us and replaced it with a much more substantial structure. Tentatively I offered to share costs but he shrugged off my suggestion.

    One other rule I've adhered to is to avoid all disputes with adjacent neighbours, they can ruin your life. My brother newly married, many years ago, moved into a semi shared with a lorry driver who lived in the other half. The lorry driver constantly parked his huge vehicle so that it overlapped my brother's driveway and access became a problem. The driver ignored my brother's pleas. Finally, my brother - normally tolerant - became angry and knocked on the driver's house door. No response. He knocked harder and - to his mortification - contrived to break a door window. I refused to listen to the end of that story.

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    1. I appreciate your sharing the wall "rules" where you live as it all sounds quite reasonable. The shared wall between our houses "rule" about each neighbor assuming half cost generally applies here, too. Unfortunately, the circumstances in this instance indicate a different resolution to be appropriate and just. Oh dear, sounds like your brother created a bigger problem for himself.

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