Neighbor refuses to sign 'use of yard' waiver with typos. AITA? 'I am not comfortable.'
"AITA for refusing to sign my neighbors 'use of yard' waiver?"
Last Thursday, my neighbors approached my wife regarding a Use of Yard waiver since they don’t have the clearance to move excavators and bobcats to their backyard to build a pool.
The waiver states they need 10ft of clearance (4ft would be into our yard based on my measurements) and they would repair the grass to its original state. I have an irrigation system and internet lines which run beneath the area which would be used. The neighbors were leaving for FL and asked for a 48 hour turnaround.
I spoke to the pool company on Friday and the PM said they need 10-12ft and they need the waiver because there is a good chance the ground will be totally torn up. It was my wife’s 30th birthday this weekend so this situation was not top of mind but my neighbor knocks on the door Saturday afternoon asking for a response.
I kindly explain I am not comfortable signing the current waiver given the typos, lack of notarization, and ambiguities regarding repairs. He takes it personally and storms out of the house complaining about how much money he is going to lose.
Today, the project manager from the pool company knocks on our door asking what they can do to resolve this. I told him I really don’t want my yard torn up but at minimum a new waiver needs drafted and I would consider it.
He then says we have an electrical easement which runs 1.5ft into our yard in the exact spot he wants to use and would just call for access. I check my plat design and deed to see there is NOT any easement running thru the area they need. He leaves and the situation is still up in the air.
EDIT:
Thanks everyone for your input. I had run this situation by many friends and colleagues and the answers were consistently “no” unless you can get outrageous stipulations and even so it is still a risk.
At the end of the day, I don’t want to be dealing with the pool contractor or neighbor to return my yard and irrigation to its original state.
Here's what top commenters had to say about this one:
SPlNPlNS said:
NTA. Putting in a pool is not some kind of emergency. They have the luxury of time to do their research before and didn't. You don't owe them the risk of destroying your property and putting your lines from different services at risk so they can go swimming. The nail in the coffin was the lie about the easement.
sharethewine said:
NTA. Your neighbor didn’t give you sufficient time or correct information and then the project manager lied to try and manipulate you. I’d spell that out to both of them and let them know for those two reasons the access will never be granted.
AnonAnontheAnony said:
NTA - Stand your ground. Your property (up to whatever public easement) is YOUR property. Electrical easements are ONLY in play, for things like transformers and power poles. Your drop is not under an easement.
tubby2323 said:
NTA. Please read some of the stories on the different homeowners sub-reddits - there are lots of people who regret allowing others on their land for such things.
Regardless - get a lawyer, make sure every possible injury to your property will be repaired back to original and your neighbors cost. Personally, I would not allow them to step a foot unto my property (talking from past experience of being a nice co-operative neighbor and still have regrets).
ChicagoWhiteSox35 said:
NTA, but you may want to consult a lawyer if they do go ahead with this. If you notice them going into your yard, call law enforcement immediately. I have an irrigation system also.
They'll definitely tear it up with heavy equipment. A pool isn't an emergency that needs right be done right away. Your neighbor should have talked to you about this long ago. The project manager should figure out another way.
JennyM8675309 said:
NTA. His emergency is not yours. The waiver as-is leaves you open to potential property damage that you might be responsible for.