Contractor built my fence 6"-8" inside of my property line

[STEPHAN]

I am aware of that.

If I did something illegal I would not post this on a public forum.

 

[LdiJ]

If I did something illegal I would not post this on a public forum.

Its not actually illegal unless you do something with it other than using it to refresh your memory.

 

[quincy]

Its not actually illegal unless you do something with it other than using it to refresh your memory.

No, LdiJ. That is wrong.

 

[LdiJ]

No, LdiJ. That is wrong.

That is not coming from me. That is coming from a law professor that I dealt with some years back.

 

[Zigner]

That is not coming from me. That is coming from a law professor that I dealt with some years back.

I suspect two things:

First, the law professor wasn't from California.
Second, the law professor was going on the tried and true "no harm-no foul" theory.

 

[LdiJ]

I suspect two things:

First, the law professor wasn't from California.
Second, the law professor was going on the tried and true "no harm-no foul" theory.

True that the law professor wasn't from CA, but he was from a 2 party state. I do believe that you are correct that he was going on the no harm, no foul theory. He was quite emphatic about it however.

 

[quincy]

That is not coming from me. That is coming from a law professor that I dealt with some years back.

The law professor apparently did not teach recording laws. If you are going to quote what others say, it is important for us to know who exactly you are quoting so we can determine the reliability of your source.

It is the act of recording that makes the recording illegal. What is done with the recording after it is recorded can create additional legal problems.

Following are two links on California Recording Laws, the first to the Digital Media Law Project and the second to a California firm (Brown & Charbonneau, LLP) whose information is provided only for its ease of reading (it is not meant as an advertisement for the attorneys).

http://www.dmlp.org/legal-guide/california-recording-law

http://www.bc-llp.com/illegally-recording-conversation/

 

[Zigner]

True that the law professor wasn't from CA, but he was from a 2 party state. I do believe that you are correct that he was going on the no harm, no foul theory. He was quite emphatic about it however.

Upon further reflection, I think I was wrong about the "no harm-no foul theory". If I go to the library and check out a book on artwork and then scan and reprint a picture of a painting to hang on my wall, nothing is going to happen to me. Is it wrong? Yes. Is it illegal? Yes.

"No harm-no foul" probably isn't the best way to say it. I think it's more of the "Who's gonna know?" theory.

 

[quincy]

Upon further reflection, I think I was wrong about the "no harm-no foul theory". If I go to the library and check out a book on artwork and then scan and reprint a picture of a painting to hang on my wall, nothing is going to happen to me. Is it wrong? Yes. Is it illegal? Yes.

"No harm-no foul" probably isn't the best way to say it. I think it's more of the "Who's gonna know?" theory.

I think LdiJ's attorney friend was remiss in saying it was not illegal. It is.

I agree that if indeed the attorney said anything of the sort, it was more a "who's gonna know," much the same way copyright infringement can be a "who's gonna know" if you don't make your copying public.

But if surreptitiously recording someone during a private conversation (the degree of privacy can be debated), the act of recording if caught has harsh penalties, this even if nothing more is done with the recording.

 

[kcteachsped]

A court could find for you if they saw your argument as more convincing than the contractor. Personally I'd there are still standing posts it would go a long way to supporting your argument.

You can also turn the question back onto the contractor; what proof does he have to support this arbitrary number of 6"-8" offset?

And of course a court could see the damage as de minimus and rule in your favor but the loss not great enought to order it be changed.

Thank you for your thoughtful response. The original post at the back of the yard is still standing, where the discrepancy is the most.

Where we are right now is that he has used obscene language describing what we should do with the remaining money that he does not want, and thinly veiled threats, via email. At this point, I do not feel comfortable having him back on our property for any reason. I don't know that we will go so far as to go to court. If we did and got a judgement, who knows if we could collect. If they couldn't pay their workers, that is questionable.

 

[kcteachsped]

If I did something illegal I would not post this on a public forum.

Wow. I did not consider this on such a level. Thank you for your words of warning. And having read the ensuing messages (I have been away from the computer for hours), I see this has taken on a life of its own. It is educational, and I like to see some respectful debate after what I have read and dealt with today from the "contractor".

So thank you, and know that I am taking in everything that is said here. This kind of situation is very unique to me, I am not one for confrontation and consider myself an intelligent person. I just was nervous and didn't want to miss anything. The fact that they were reluctant to come out and look at the issues kind of had me worried, and rightly so in hindsight.

 

[STEPHAN]

If we did and got a judgement, who knows if we could collect.

Exactly. Sometimes you need to make an economical decision.

I have been in a similar position more than once and have learned a lot about who is professional and who not.

I am sure you will follow up on the license issue.

Good luck on everything.

PS: How is it in your county. Do you need a permit for a fence?

 

[kcteachsped]

Exactly. Sometimes you need to make an economical decision.

I have been in a similar position more than once and have learned a lot about who is professional and who not.

I am sure you will follow up on the license issue.

Good luck on everything.

PS: How is it in your county. Do you need a permit for a fence?

I hate that we are even in this position to have to make a report, but that is our duty, it's what we have to do to hopefully prevent this from happening to someone else.

A permit is only required if the fence will be more than 6 feet tall.

Thank you Stephan, for us good luck is that we do not encounter these people again, as per the threat.