Neighbor has elected to damage over 20 trees

[newbury]

I don't have an issue with the road work he done. I also help maintain the 1/2 mile road since we lived here for over 10 yrs. I also buy stone to fill holes,ruts etc without asking for donations. I highly doubt he will buy any stone and cover up the soil that is exposed. I never took material off the road thats within the ROW and then put it on my property thats not in the ROW. This is the issue....taking material off the road thats within the ROW and then putting it on his property thats not within the ROW. I also plow the snow when it gets deep enough to do so. So...no he shouldn't be sending anybody a bill !

From the pics you posted it looks like he did not take material off the road thats within the ROW, rather he just sort of leveled the ROW back from the road.
There is an obvious difference in the photos between the ROAD and where there is now exposed dirt.
View attachment 561527
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View attachment 561532 about the width of John Deere 4 wheeler (5 feet?).

Far less than the potential 50' of the ROW. Should he have gone another 12 feet?

If he had just plowed that up into a berm on YOUR land would you be pleased?

Looking at the photos it seems he tried to do a decent job, except maybe he didn't seed it with grass.

<snip>
Q- if you ceased plowing the snow in winter, does that affect only him, only you, or both?

The OP lists his location, Tellico Plains averages 5 inches of snow per year. From Tellico Plains, Tennessee Climate.

 

[747driver]

This thread doesn't want to die.

The more I read, the more I get the sense that even more than the details of dirt and rocks, you wish the neighbor to act subservient such as a junior owner, coming to you for approvals. Based on the descriptions of his behavior, doing whatever he chooses without discussion, it almost seems he feels it is *he* that has more senior status.

Q- if you ceased plowing the snow in winter, does that affect only him, only you, or both?

We don't get that much snow up here, so its not to often I have to plow it. Besides we both have 4wd vehicles. He lives close to the entrance of the development, we live much further up the road. He doesn't bother to come up past his property. There is a long history with this neighbor that I won't share in regards to doing what he wants to other peoples property. Thats why we put up the 2,000 ft of fencing.

 

[riptides]

This thread doesn't want to die.

The more I read, the more I get the sense that even more than the details of dirt and rocks, you wish the neighbor to act subservient such as a junior owner, coming to you for approvals. Based on the descriptions of his behavior, doing whatever he chooses without discussion, it almost seems he feels it is *he* that has more senior status.

Q- if you ceased plowing the snow in winter, does that affect only him, only you, or both?

A ROW does not make you the property owner. Subservience is actually what easements are all about.

 

[747driver]

From the pics you posted it looks like he did not take material off the road thats within the ROW, rather he just sort of leveled the ROW back from the road.
There is an obvious difference in the photos between the ROAD and where there is now exposed dirt.
View attachment 561527
View attachment 561528
View attachment 561529
View attachment 561530
View attachment 561531
View attachment 561532 about the width of John Deere 4 wheeler (5 feet?).

Far less than the potential 50' of the ROW. Should he have gone another 12 feet?

If he had just plowed that up into a berm on YOUR land would you be pleased?

Looking at the photos it seems he tried to do a decent job, except maybe he didn't seed it with grass.


The OP lists his location, Tellico Plains averages 5 inches of snow per year. From Tellico Plains, Tennessee Climate.

Once in awhile we will get over 10 inches. I will plow the road when it is over 3 inches so the other property owners can get to the homes, as most don't have 4wd vehicles. He uses the new clearing to make it wider for him to enter and exit his drive. As I have said, he has made the existing road smooth....its been over 2 months and still no stone put down over the exposed dirt. It is slowly eroding away from the rain that drains down from the top.

 

[747driver]

This thread doesn't want to die.

The more I read, the more I get the sense that even more than the details of dirt and rocks, you wish the neighbor to act subservient such as a junior owner, coming to you for approvals. Based on the descriptions of his behavior, doing whatever he chooses without discussion, it almost seems he feels it is *he* that has more senior status.

Q- if you ceased plowing the snow in winter, does that affect only him, only you, or both?

We have talked to him twice about removing the materials and then taking it to his property which is out of the ROW and using it as fill so he can level his ground....he has very little level ground, his house is built in a ravine.. His response is....its an access road and I can do what I want.

 

[747driver]

Good luck with it. I used to own mountain property with a road easement like this, and was rarely there. No one maintained the road. You needed 4 wheel drive sometimes to drive the road. I sold the property eventually.

The first 500 ft to the development is somewhat steep with 2 sharp curves like a switchback., so fwd makes it easier to drive up. If you stop or slowdown you will spin the tires if you don't have fwd which then ruts the road. After you get past his property the road levels out. I usually had to grade the road once a month to keep it smooth. Now he does that part and I do the upper part.

 

[newbury]

There is 10 property owners. But only us and the neighbor live here fulltime.

The first 500 ft to the development is somewhat steep with 2 sharp curves like a switchback., so fwd makes it easier to drive up. If you stop or slowdown you will spin the tires if you don't have fwd which then ruts the road. After you get past his property the road levels out. I usually had to grade the road once a month to keep it smooth. Now he does that part and I do the upper part.

The details keep leaking out -
So he grades the steep part of the road for the rest of the property owners, doing a job you used to do monthly. Have you complained about him doing that?

 

[747driver]

The details keep leaking out -
So he grades the steep part of the road for the rest of the property owners, doing a job you used to do monthly. Have you complained about him doing that?

I always did it until he bought a small cabin next to him 1 yr. ago, that they turned into a B&B. They didn't care about the road for 6 yrs. as I graded it and maintained it with no complaints from them. But now that he has rental guest he wants the road perfect everyday, so thats why I don't bother with it, I actually have more road to maintain at the top than he does at the bottom.

 

[LD48750]

The first 500 ft to the development is somewhat steep with 2 sharp curves like a switchback., so fwd makes it easier to drive up. If you stop or slowdown you will spin the tires if you don't have fwd which then ruts the road. After you get past his property the road levels out. I usually had to grade the road once a month to keep it smooth. Now he does that part and I do the upper part.

Did you get permission from ALL the other land owners to do that?
How about permission from them ALL to plow the snow?

Sounds like if it is something YOU want done then it is ok for YOU to do it but not him.

 

[4570Man]

Did you get permission from ALL the other land owners to do that?
How about permission from them ALL to plow the snow?

Sounds like if it is something YOU want done then it is ok for YOU to do it but not him.

And the permission from ALL changed to permission from 6-10.