Merry Christmas Neighborg

   / Merry Christmas Neighborg #1  

ericher69

Veteran Member
Joined
Aug 19, 2008
Messages
1,666
Location
Ontario Canada
Tractor
2008 Kubota b2920
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??
 
   / Merry Christmas Neighborg #2  
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!!!!!!!!!!!!!
 
   / Merry Christmas Neighborg #3  
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.
 
   / Merry Christmas Neighborg
  • Thread Starter
#4  
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
 
   / Merry Christmas Neighborg #6  
Unbelievable!

Terry
 
   / Merry Christmas Neighborg
  • Thread Starter
#7  
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.
 
   / Merry Christmas Neighborg #8  
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
 
   / Merry Christmas Neighborg
  • Thread Starter
#9  
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
 
   / Merry Christmas Neighborg #10  
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!!!
 

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