PORTSMOUTH
In the best of times, the brick courtyard was a symbol of neighborly cooperation – a beautification project viewed by hundreds of visitors during two home and garden tours.
Pete and Pam Kloeppel say they got the permission of their neighbor, Episcopal Bishop C. Charles Vaché, before spending $15,000 to turn an old patio that straddled both properties into a stately garden spot.
It seemed perfect for Swimming Point, a neighborhood of 1920s elegance on downtown’s waterfront. The tight-knit enclave – small, as neighborhoods go – is a powerhouse of some of the most civic-minded and prominent residents of the city.
The Kloeppels and Vaché are no exception.
Now the well-known Portsmouth residents are locked in a legal dispute over the right to use the outdoor oasis that began its transformation about 15 years ago.
The clergyman gave the Kloeppels verbal permission to use his side of the patio “for their personal use and enjoyment” in 1993, according to a lawsuit filed by Vaché’s attorney.
But the complaint also says Vaché never gave his neighbors “irrevocable license” to access his property.
The lawsuit seeks to “remove the cloud” over those property rights and to “eject” the Kloeppels from Vaché’s side of the courtyard.
Vaché declined to comment on the lawsuit and referred questions to his attorney. His attorney, William H. Oast III, declined to discuss it as well.
The Kloeppels talked reluctantly.
Pete Kloeppel, a former School Board chairman, serves on the city’s Municipal Finance Commission. Pam Kloeppel is a Portsmouth Redevelopment and Housing commissioner but is probably best known for her efforts to promote history and the arts in Portsmouth.
Vaché led the Episcopal Diocese of Southern Virginia for years until 1991. He was rector of Portsmouth’s oldest church, Trinity Episcopal, for almost 20 years.
“He always was and is a loved figure,” Pam Kloeppel said of her neighbor.
Vaché was the one who took the Kloeppels to Trinity after they moved in, she said. She remembers they walked to the historic church together that day.
Pam Kloeppel is now a member of the vestry.
“It breaks my heart,” she said.
She and her husband “have no claim on his property at all,” she said.
They just want to continue maintaining the patio for the enjoyment of both sides. She’s hopeful things can go back to the way they were.
“I want him to be out here and to enjoy this,” she said of Vaché.
Pete Kloeppel said he was served with the lawsuit on Valentine’s Day. He has three weeks to respond, he said.
Both he and his wife say things were fine for years. Then about five years ago, Vaché said he probably should get their agreement in writing.
That agreement stated that Vaché had a right to terminate his neighbors’ access to his portion of the patio and to have them undo the work they had done with 30 days’ notice, Pam Kloeppel said.
“It just floored us,” she said.
They didn’t sign it.
In early 2005, Vaché recorded a “Declaration of License” in Circuit Court that said he “and Kloeppel agree to cooperate and work together in a neighborly fashion in using the patio area.”
It also stated that Vaché had the right to terminate the arrangement with 30 days notice.
A month later, the Kloeppels filed a “Declaration of Irrevocable License” with the court.
It stated that “when Vaché authorized them to spend substantial sums of money to make the improvements to the courtyard for the common good of both parties and properties, Vaché granted the Kloeppels an irrevocable license to use the portion of the courtyard on the Vaché property …”
Vaché’s lawsuit says he never agreed to that.
In October, he gave the Kloeppels written notice that they could no longer use his side of the patio. According to the lawsuit, they continue to do so.
Vaché also is seeking damages to restore the property to its original state.
Pete Kloeppel said that when he and his wife moved in, the patio that linked the properties was old, its mortar blackened. There was a clothesline in one spot, Pam Kloeppel said.
After getting Vaché’s permission, the Kloeppels had new bricks put down and expanded the patio about 12 feet toward the river side of both homes. Kloeppel said she consulted Vaché about everything, even asking him what kinds of plants he liked.
The Kloeppels put in a fountain and extended the wrought iron fencing across the front.
“This to me is an enhancement of his property,” she said. “It is in essence a hidden garden.”
Her husband said it’s “marvelous” in summer. They’ve watched the harbor fireworks from that spot, eaten meals there and sipped evening cocktails.
“Nobody ever thought this was going to be a problem,” he said. “An Episcopalian bishop gave you his word on something – I didn’t get anything in writing.”
Janie Bryant, (757) 446-2453, janie.bryant@pilotonline.com
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DOKEIN
"To end the squabbling, I think the city needs to just confiscate it and build a monument there to "Our Union Dead" to counter that one they already have to "Our Confederate Dead"."
No worries, all you have to do is point your car north and drive. The northeast has many fine statues dedicated to the union dead. Do you have anymore suggestions on how the southern states should be run? Perhaps we should make everything like the north that you moved from? Nearly every person I have ever heard in person who comes up with these comments is an idiot. usually using their perceived northern superiority to hide and defend their own failings in life.
Puh-leeze!!!
First off, keep in mind that the Bishop is a frail 80 year old man in failing health. I would say the need to have the agreement in writing is now very important because at some time, that property will have to be sold, and who wants an encumbered property.
Second, the Kloepels should be ashamed of themselves "trying" this in the public eye. This is not the appropriate venue, and will do nothing but cause discontent in the church.
Finally, to the last poster making the crack about molesting little boys....this is the Episcopal Church, not the Catholic Church, and our priests marry.
no country for old men
Can you say alzheimer's? Boy, that ungrateful old man sure isn't very christian like is he. Gosh, if they are not molesting little boy's, they are casting stones at thy neighbor.I bet he sure didn't have any problem sitting his tail out there on that patio.As for the new's story..it's kinda nice to hear something like this instead of another murder, fatality, school shooting, or some other tragedy.Gosh, I have not seen anything like this since Pete Decker faught his neighbor's over moving those bushes since they blocked his waterfront view. Which they should have. Can't we all just get along.
Paddy O'Furniture!
12 to 20 million illegal aliens have invaded our country. Enjoy your patio, daddy-o!
Why is this news.
I read the pilot daily, but this is just one of those things that's not needed in the headlines. Who cares if these people have a problem with a patio. Listen there is a lot of stories that are nmore news worthy than this. Please get over it. As someone else said, CALL JUDGE JUDY. Let's find real news to report. Like property assetments..
Wow! Amazing!
Didn't realize that you get headline news over encroaching property lines....sometimes the paper amazes me...Too funny...
I guess since the police are just hanging out doing nothing but ticketing unbelted drivers, and the lawmakers sitting around thinking of many issues to become law such as the heigth of a fence to build, I guess this here, does make earth shattering news, now doesn't it?
Why not have an investigator check out the secret laws our government (the president) keeps passing without a vote or a voice from the citizens...lets start with the UIGEA..I bet not many know about this and are breaking these ridicoulous outlandish laws every day..and how it was passed without a single peep from any of you news people..utterly sickening you guys are sometimes..printing drivel such as this..and not going for the good stuff.
Gimme Gimme
Who in the world would build a permanent structure on a neighbors property? And without something in writing no less. Kloeppel is an attorney? Don't think I would ask for his advice. I say get your stuff off other people's property and go on with your life. I am glad my neighbors are not like them!!!
Having known Father Vache
Having known father now bishop Vache, I sincerely doubt this problem emanates from him. I suspect that the property was donated to the Church in his name with life rights by a former parishioner. I further suspect that some lawyer associated with the diocese is wondering about what happens when Bishop Vache's rights to the property cease and the property can be possibly sold. Without a legal property agreement new owners could effectively terminate the gentleman's agreement that has been in place all these years. I suspect that this was an effort on behalf of Bishop Vache to secure the rights of his neighbors permanently and now with the help of lawyers it has gone awry. No good deed goes unpunished.
News What News? The Pilot didn't let us know until months later about the former Va Chemical plant being sold last year and plans to close it down. Although every time I go by it still seems in operation. How about telling us what is going on this plant?
Big Fence
I think the Kloeppel's should put a big ugly privacy fence right down the property line. The should put the better looking side on their side and put the fence post side on the Bishop's side. Perhaps they could even paint the Bishop's side some hideous color. This reminds me of the King of Queens episode where they put up a privacy fence and the annoying neighbors countered with an above ground pool that overlooked the fence
Judge Judith Sheindlin
Call Judge Judy !
Sad
I don't know what this Bishop is thinking, but it boils down to this. He let these folks beleive that if they spent their money fixing the patio, then they could use it. Now he is kicking them off his half. His behavior is greedy and shameful.
patio
If the Bishop ever decides to sell his property this joint patio could cause problems. I think he is wise to ask for an agreement that really just legally allows him to retain his portion of the site. He has not told them to remove it but wants in writing that if he ever does need them to, they have to comply within a certain time. Personally I think 30 day is a bit short to redesign a property. Maybe redesign plans need to be drawn up ahead of time in preparation for the eventual need to do so if a separation of neighbors homes is ever needed. Life does not stay stagnant. Neighbors change. How would this couple feel if a new neighbor moved in and used the patio as freely as joint property could be used.
Cognitive Decline At Work
Anyone who has ever lived with adults over 90 can tell you that their attitudes can sometimes take a surprising turn. The term "grumpy old man" (or woman) comes to mind. If I were the Kloeppels, I would have a survey done of my property and only tear out his side, then use the courtyard bricks to build a nice wall...
Huh?
Cant we all just get along?
Hello!
We are currently involved in two wars. We live in an area with a large concentration of military familys anxious to here about those wars, and the best the Pilot can give us is this crap?? A patio war!! No wonder the paper is loosing money and in danger of being sold off.
Slow news day?
Vache should make any change on his property he want's to. The Kloeppels need to see a shrink about their obsessive behavior of their neighbors property. They would be the first ones to complain about someone using something of theirs. Whinney little brats. The Pilot needs to cover some real news, I know there's something more important than this going on.
another idea
To end the squabbling, I think the city needs to just confiscate it and build a monument there to "Our Union Dead" to counter that one they already have to "Our Confederate Dead".
You are an attorney and you
You are an attorney and you did not get it in writing?? Sounds to me like a pathetic lawyer and wife are taking advantage of a kind sole.
'leosevern' listen up -
This is a good local story about neighbors, established community leaders and professionals, and the conflict of a fickle attitude of one. 15 years ago the patio was enhanced at the expense of one family - it benefitted both parties, the Bishop was present when all the changes were occurring and if he had any reservations about all this, that was the time to complain. why he's decided to complain after so many years is the mystery here but the moral of the story, each and every time we go into an agreement with anyone over anything - GET IT IN WRITING! Even if it's with a saint or holy ghost, without the paper, we will lose. So, I thank the Pilot for the interesting article, and for the time honored reminder 'get it writing'.
Boo Hoo
And who really cares about a couple of rich people arguing over a bunch of bricks? Glad to see the Pilot is covering those hard-hitting news stories.
ust a hunch
This is just a hunch,but I wonder if they didn't get into a quarrel originally over the Episcopal church issue about gays? I'd love to know the real reason they starteed bickering.
no good deed
no good deed goes unpunished
WHY?
Why does the Pilot run stories like this? Who cares about two rich families fighting over a stupid patio? And it really saddens me that the instigator is supposed to be above all that. How did he get all the money to buy that place anyway?
Episcopal Diocese of Southern Virginia ..
..probably owns the property and not the former Rector of Trinity!
what a shame -
the Kloeppel's probably never invited the bishop to their patio party's and he is feeling neglected and used. I side with the bishop. However, the Kloeppel's should tally all the expenses associated with this beautiful transformation, divide in two and sue in small claims for reimbursement, then dismantle the patio to the bishops satisfaction.
is this considered encroachment?
I agree
Pathetic is right. But it sounds like the Bishop may be looking to sell and a real estate lawyer may have recommended that he get the "agreement" in writing. The would possibly explain the sudden need and the escalating lawsuit. But there is another issue. The Kloepple's have been using the area and have spent money to maintain it for 15 years. The have a legal claim on the "easement" that the Bishop has allowed them. By the law, if you maintain property that isn't yours with no objection or with permission (stated or implied) then it becomes your property. FOr instance a part of a n empty lot next dorr to you that your neighbor owns; you maintain it, cuts the grass, keep it weeded, etc. with no objection from the neighbor, then it actually becomes your property by right of easement. All in all, this its pretty bad when a Bishop suddenly decides that his word isn't his bond anymore. Sad.
So my neighbors
So my neighbors are in a little tiff. Does the Pilot want to write an article about them as well?
Why is this in the NEWSpaper?
Patio pondification
A legal dispute and lawsuit over a shared patio space that small? Oh brother! It looks like a case of he said/she said. The taxpayer's money is going to be wasted on such a trival matter.
This is pathetic
This is pathetic