| Sometimes, just leave well enough alone! |
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| Written by Bryce Jeffery |
| Tuesday, 19 October 2010 16:24 |
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This is not a mediation story, though it might just as well have been. What it does illustrate is how to be careful what you wish for. The other day, a client told me an account of his efforts to build a shed for storage in his back yard. He also wanted to be able to add a greenhouse to it at a later date. After considering various locations, he decided to take advantage of a concrete platform that already existed at the back of his property. One benefit was, this location was adjacent to a back lane and therefore provided good ingress and egress. He also considered the effect on his neighbours and decided that this location had very little negative visual impact to the next door neighbor as it was off to the side. Seeing this project as a no brainer, slam dunk, he didn’t bother applying for a building permit feeling confident that it left little trouble in its wake; or so he thought. His neighbour had other ideas and reported him to the municipal authorities. The building inspector came out and determined that indeed the shed encroached the setback regulations and would have to be moved. Well, my client attended to the logistics of this and moved it to an approved location. However, it happens that this location was in the direct view of the neighbour’s back window. He, of course, complains, again, to the building department of the municipality. The inspector comes out, considers the new site and tells the neighbour that the shed is lawfully sited and there is nothing further to discuss. Yes, there are times you should consider what you ask for. This may happen in a negotiation where one party pushes too hard and ends up, with less as a consequence. Knowing how to balance things is a critical ability.
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