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Richard - Bizlaw
Richard - Bizlaw, Attorney
Category: Landlord-Tenant
Satisfied Customers: 10639
Experience:  Commercial and residential leases in NY & NJ & US
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Want lawyer who may be aware of North Dakota law regarding

Customer Question

Want lawyer who may be aware of North Dakota law regarding tenent to tenant issues in a mobile home park as well as tenant-landlord comliance.Situation: moved into 14 x 70ish pre-established mobile home in a "in city" mobile home park.At the time of trailer sale and lot rental approval there was a well establihed 6 foot fence and gate toward the front of this mobile home (5+ years I believe).The fence was insalled from close to my newly purchased mobile home to within one inch of the next door meighbors mobile home but apparently within their lot rental space.From the start this neighbor displayed dislike and complained about me not cleaning up my dog's poop in a timely manner. Since his apoarent lot line was indistinct without a fence etc, I assumed that the one hand-mower with along the edge of their seldom visited space was more or less the mutual boundary.I periodically removed poop from my lot yard usually before mowing and even mowed what appeared to be their unmowed yard area as well.This neighbor had a prior 6 foot fence around all of his lot space except for the ?3 foot yard on the side of the mobile home abutting our mutual boundary.We simply allowed our dog to stay in the joint unused joint yard space.The landlord did not inform us to remove this fence when we moved in. And for nearly 10 months the neigjbor has not told us to keep our dog of the unmarked mutual border area. This neighbor also has not posted No Tresspassing signs. Although he has noted the dog poop when they aytempt toow that narrow unused area apparently a part of his lot.They and I have not discussed any issues. The male neighbor seems on edge and has shown no interest in a positive relationship as "neighbors".On the 11th of Sep the mobile home park knocked on my trailer door and informed me that I had to remove that part of the "long-standing" fence tjat seems to be on this neighbors lot due to this neighbors request and complaint.When I tried to confirm a deadline the manager said he wasn't going to give a deadline but that it should be as soon as possible.Neither the manager nor the neigjbor gave or revealed any document.I said my dog would be able to possibly get out of it's " yard space" if done without some time to create a secondary enclosure or some confinement system. I said that I wanted time to gather 2-3 bids on replacing the old fence and create a fence boundary for my dog as the portion of the old fence is removed and the replacement fence is installed on the mutual boundary shared with this neighbor.I also asked the manager if he coyld mark specifically the four corner lot points that represents my lot space. He showed me generally what part of the fence had to be removed and said that this neighbors line ran about two feet toward or into our joint yard from the electric company box.He also said when a fence person comes by to call him and at that time he will mark the actual four lot corner points.Questions:1. Can an apparently approved or "allowed" fence structure as noted develop "easement" type privelege and removal by me might be voluntary only?2. If i am obliged by law or some agreement with the landlord does his failure to note the fence as temporary offer me some apoeal option.3. Since I asked for a deadline date and only got ASAP can I take time to save the $800 needed to safely transition and protect my dog and others?4. Since the neighbor failed to mention any fence concern to me but seems to show disrespect and dislike for me and my dog could this sudden suspicious demand be considered harrassment?5. Do I have to comply? If so by when?6. It would be a significant burden to me and my dog if I have to quikly come up with enough money to apparently please this neighboe and mobile home cout manager. Neither has offered any financial option for thisbunexpected and nusance demand. Can I request reimbursement for what seems like an urgent and "immediate" remedy?7. If i ignore, could this escalate to a police intervention or a "he said she said" restraining order?8. The neighbors continuous negative remarks andvactions including this frivolous complaint without mutual discussion or notice is upsetting my anxiety condition, my sleep and since i don't know the neihhbor's danger or aggression potential i sense some fear for me and for my dog.9. He has a very vicious dog in his fenced in yard that growls, barks and sounds very menacing whenever i try to sit and swing in my outside furniture. I tolerate others and tjeir pets but realky it seems everything must go his way and with the animosity he shows me i believe i could remedy a hundrd of his future nusance complaints and he would just stalk my presence foe more obvious "nonrelevanr" issues. Do i have any standing, remefy options or any mitigating considerations?Thanks. Try tobe ad specific as pissible.
Submitted: 1 year ago.
Category: Landlord-Tenant
Expert:  Richard - Bizlaw replied 1 year ago.

Hello, my name is ***** ***** I will try to help you. Please remember I just report or interpret the law, so the outcome may not be what you hoped for.

It may take me a some time to run down all your issues. However, there is some information that would be helpful to me in addressing your problem. Do you know if the fence was installed by the prior owner or the mobile home park manager? Was the fence installed with the approval of the mobile park manager? Did the renter of the adjacent lot object to the installation of the fence at the time it was installed?

What were you told about the fence at the time you purchased the home and rented the lot? Does your rental agreement have a precise description of the lot you are renting? How do you know that the manager's description of where the boundary is is accurate?

Customer: replied 1 year ago.
1. Installed by prior mobile home owner.
2. The fence was installed without objection by the manager or this neihhbor who wete both present at the time as i understand from the prior owner when i bought the mobile home over 10 months ago. I know of no wtitten approval or objection. Thete has been no objection by the manager or this neighbor until now. Suddenly it id an awful ytspass that needs "nearly immediate" resolution.
3. I mentioned the fence as well as the porch to the manager and how nice the security was. Nut no one indicated orally or in writing that it was s concern or that ot had to be modified. There was no recording or documentation or check off list that can verify this except basic memory i guess. The point might be what wasn't told me. It seems new applicants would be clearly notified of any requiredodifications or changes of significant expense in writing or at least clearly an unambiguously noted prior to a signing. New applicants can't read the minds of managers or long-term neighbor concerns. The fact that this was not emphasized itself shows a lack of due diligence in the manager's and neighbors part. And how do you explain the delay --> likely harassment.
4. I am not sure but i don't think that my lot description is as detailed as a deed would be. But i mentioned to the manager that i would need a olot map, blueprint or his personal identification of my boundaries in order to get fence replacement or modification estimates.
5. Accuracy --> i can only trust at this point.
Expert:  Richard - Bizlaw replied 1 year ago.

Since you are just a renter, your position would be relocation of the fence is not your responsibility. The fence was clearly installed with the approval of the manager and the other lot owner. It is not like you own the land and put up a fence that encroaches. The fence was put up on land owned by the mobile park with the approval of the land owner. If it is not located properly that is not your problem as you rented the lot on an as is basis. I would tell the mobile park owner if it needs to be moved he is responsible for moving it because it was put up with his permission and apparently without objection by the other tenant. Neither of them can impose on you the obligation to move the fence when that is how the lot came. Also, you rented a lot that was fenced. If they are going to move the fence, they must leave you with an enclosed area as that is how you rented the lot.

The key is that you rented the lot as is. No one said that you were responsible for making sure it was within the lot boundaries since the fence was installed long before you rented the lot.

If I have answered all your questions, please positively rate my answer as that is how I receive credit. If you have more questions, please let me know. If the answer was especially helpful you can provide a bonus.

Customer: replied 1 year ago.
You did not really address all my numbered converns.Also, if i stand my ground what would keep the manager or the neighbor of creating romors or other harasding or technical real time infrsctions that would justify my expulsion?
Customer: replied 1 year ago.
I summarized my situation originally. Then i listed my 1-9 concerns under the heading "questions,". Please consider responding in a matched 1-9 numbeted sequence with the appropriately relayed comments.Any summary or additional ideas would be nice if they were added after.NOTE: And i provided "further clarifying details" as requested.