Merry Christmas Neighborg

[ericher69]

WEll as the ice storm wraps up I go out to clean off the wife's car and back the truck into the shop to thaw out at 70 degrees overnight. Anyways my neighbor is having her driveway cleared for free again and I over hear the blower operator asking where she wants him to put the snow. She says against my house; operator replies that it will burry the windows and gas meter... Neighbor's response; I don't care I'm running out of room to put it... I am tempted to take the Kubota b2920 and blow ALL of the snow from my front lawn (that the operator from this walk behind put on my lawn instead of the neighbor's lawn) back onto their lawn to teach them a lesson. I had some water in my basement in 2008 because of this situation and have asked nicely since to keep their snow on their lawn! How would you deal with this??

 

[leonz]

ERIC you have an SSA HAT for a neighbor!!!!!


Eric I would stomp right over there and tell her that you will not
tolerate his doing it unless he plans on coming over and cleaning the mess and unburying the gas meter!.






If she has a driveway she most likely has more room to throw it
across the road or in the ditch!!!!!!!!!!!!!

 

[DT86]

It's just as much, if not more so, the operators fault as hers. He knew it was wrong and did it anyway. I'd be climbing his a** first.

 

[ericher69]

ERIC you have an SSA HAT for a neighbor!!!!! Eric I would stomp right over there and tell her that you will not tolerate his doing it unless he plans on coming over and cleaning the mess and unburying the gas meter!. If she has a driveway she most likely has more room to throw it across the road or in the ditch!!!!!!!!!!!!!

Yup,

They have been told/warned before and said I could clear the drive and put the snow where I liked...

When I asked about getting paid they said they would not pay!

Took the b2920 last year and blew all the snow from the side of my foundation right over their shed; not a word said!

It's just as much, if not more so, the operators fault as hers. He knew it was wrong and did it anyway. I'd be climbing his a** first.

Have talked to him last year but will remind him with a call to bylaw.

Lawyers letter is next

 

[smstonypoint]

Lawyers letter is next

Sounds like a good plan.

Steve

 

[Big Barn]

Unbelievable!

Terry

 

[ericher69]

Sounds like a good plan. Steve

I was fortunate the insurance covered the damage back then; they no longer cover ground water infiltration!

Unbelievable! Terry

Still feel that the vigilante approach would be more gratifying; 3ftx50'x50' of snow blown back to their lawn.

The reason they don't want the snow; are you ready...

The salt from the snow/cars makes their lawn yellow in the spring! Worry about your lawn and not about my families well being.

 

[aczlan]

The reason they don't want the snow; are you ready...
The salt from the snow/cars makes their lawn yellow in the spring! Worry about your lawn and not about my families well being.

And if the snow damages your lawn, wouldn't they be liable for the damages? Hmmmm...

Aaron Z

 

[ericher69]

And if the snow damages your lawn, wouldn't they be liable for the damages? Hmmmm... Aaron Z

Will call bylaw enforcement first thing in the am.

See what they say.

Next will talk with lawyer over this matter. I plan to draft the letter and have the lawyer sign off on it basically stating that this is an ongoing issue and any and all damages will be your responsibility if this practice continues

 

[Depmandog]

Will call bylaw enforcement first thing in the am.

I am neither a lawyer or a citizen of your country. That said, I believe this would be a civil issue and your local law enforcement would not have jurisdiction.

I located a very interesting fact sheet that may be helpful, and it's specific to Ontario.

http://www.omafra.gov.on.ca/english/engineer/facts/98-015.htm

In a nutshell precipitation (surface water) has no "right of drainage". As a landowner you can refuse the water. Since she purposely had the "water" placed on your property - you have legal grounds to sue.

I think I would have the lawyer draft the letter (instead of you writing and having him sign off). No lawyer worth a dang would agree to that anyway. This will be a cease and desist type letter - the opening salvo of pending litigation. You want everything properly worded and referenced.

Hope the website helps. Good luck!!!

 

[ericher69]

I am neither a lawyer or a citizen of your country. That said, I believe this would be a civil issue and your local law enforcement would not have jurisdiction. I located a very interesting fact sheet that may be helpful, and it's specific to Ontario. http://www.omafra.gov.on.ca/english/engineer/facts/98-015.htm In a nutshell precipitation (surface water) has no "right of drainage". As a landowner you can refuse the water. Since she purposely had the "water" placed on your property - you have legal grounds to sue. I think I would have the lawyer draft the letter (instead of you writing and having him sign off). No lawyer worth a dang would agree to that anyway. This will be a cease and desist type letter - the opening salvo of pending litigation. You want everything properly worded and referenced. Hope the website helps. Good luck!!!

Thank you for the fact sheet. It may apply as I am in an urban setting.

 

[smstonypoint]

It would help your case if you made a video (or took photos) if this occurs again. It could turn into a "he said, she said" dispute.

Also, I would think there would be some case law that would be applicable to your situation. An attorney would advise you as to your best course of action.

Steve

 

[ericher69]

It would help your case if you made a video (or took photos) if this occurs again. It could turn into a "he said, she said" dispute. Also, I would think there would be some case law that would be applicable to your situation. An attorney would advise you as to your best course of action. Steve

Yeah will do! (I have some from previous seasons)

Problem is the operators are usually bundled up; faces are not readily identifiable.

I believe that I am at the point where nothing else but a stern lawyers letter will smarten them up!

Therefore I will need a full property survey in the spring (as I plan on erecting a fence) one is existing but not sure who owns it and they told me I can take it down at my time and expense and erect a new fence but they are not paying.

Lovely folks!

 

[Thomas]

You ask once and that should been enough.
Some will take advantage and just don't care,but they be first to ask for help in nice.

Hope lawyer not needed,maybe your local police can talk w/her.

 

[ericher69]

You ask once and that should been enough. Some will take advantage and just don't care,but they be first to ask for help in nice. Hope lawyer not needed,maybe your local police can talk w/her.

Bylaw office opens in 33 minutes.

I will call them but believe that at this point I need to follow up with a hand delivered/signed by the parties involved lawyers letter clearly spelling out the issues and applicable law/bylaw.

Also spelling out ramifications if they continue the practice.

This has been a recurring issue for years now. When I was single/no family I didn't really pay attention to this stuff but now the health/safety and financial well being of my family is paramount.

They show reckless disregard for the aforementioned therefore it's go time!

 

[Thomas]

My mistake for not reading all the postings.

Indeed time for some tough love from the dark side.
Hope your neighbor smart enough not to open another can of worms.

 

[spruce Deere]

Fences make good neighbors, Or in your case ericher69 'high fences', I believe that is your best line of defense.

One should be able to do as one pleases on his own property, But when the acts of doing what ever on your property affects someone poorly, quit being a dumb smuck and have some curtice [sp]?.

In the mean time, you should be ready to video the act of blowing snow into your yard. Neighbors like that one does not need enemies.

I have two like you describe, there stupidity rarely but still affects my family. They are incapable of looking and thinking past themselves, They just honestly believe they did no wrong if all is good with themselves.

 

[smstonypoint]

Bylaw office opens in 33 minutes.

I will call them but believe that at this point I need to follow up with a hand delivered/signed by the parties involved lawyers letter clearly spelling out the issues and applicable law/bylaw.

So, what did you learn from your call?

Steve

 

[ericher69]

So, what did you learn from your call? Steve

As someone else eluded to earlier cities reply;

There is no bylaw it is a civil matter

Basically said they will not be a third party in this feud.

 

[DT86]

That's unfortunate. Onward, to the lawyers office!