Neighbor has elected to damage over 20 trees

747driver · Jul 10, 2018

two_bit_score said:
Ok. Not sure where that came out. Has anyone actually posted the exact wording from the deed regarding to road maintenance covenant?

.

Covenants say...ROAD MAINTENANCE. The cost of the road maintenance shall be prorated between all property owners in the subdivision. The extent of road maintenance and/or improvements shall be determined by a majority of the subdivision property owners.

This is in everyone's Deed.

Paddy · Jul 10, 2018

LD48750 said:
Interesting... My easement doesn't mention how far anyone is allowed to go, just where it is.
It ends at my property line so the neighbors have to stop there.

(but I LIKE my neighbors, they can & do come on my property all the time.)

LD 48750,

I suppose different states have different wording. But the principle is you have the right to get to your property. Our lane stops at a lake. The folks at the back have a gate to keep just anybody from heading back.

747driver · Jul 10, 2018

goeduck said:
He hauled away dirt, rocks and large weeds while cleaning up the roadside. I certainly would not spend money on a lawyer and throw away good money over dirt and rocks. I’d buy him a gift certificate at the local steakhouse.

20 tons of rock and dirt were removed....not hard to calculate that either. He used the dirt for fill and then separated the rocks out of it for retaining walls on his property. These are landscape size rocks , not stone or gravel. Sure could have used that on our property not his. 20 trees I could have used for firewood and mulch. The issue is he never 'asked'......

747driver · Jul 10, 2018

Just going to let things stay as they are for now. We didn't own the property when he started this project. When we got possession it was 80% done. You have to pick your battles wisely !

newbury · Jul 10, 2018

Don't give up - only 4 more posts to make it to 200!

If 80% was done before you took possession does that mean you are really disputing 4 tons of "rock and dirt" and 4 trees?

747driver · Jul 10, 2018

newbury said:
Don't give up - only 4 more posts to make it to 200!

If 80% was done before you took possession does that mean you are really disputing 4 tons of "rock and dirt" and 4 trees?

You could look at it that way....one main reason we are letting it go for now....but there is always the future !

Now we need 3 more post !

plowhog · Jul 10, 2018

Bump.

John Fitzgerald · Jul 10, 2018

I think he did right by letting it slide.

wagne223 · Jul 10, 2018

747driver said:
20 tons of rock and dirt were removed....not hard to calculate that either. He used the dirt for fill and then separated the rocks out of it for retaining walls on his property. These are landscape size rocks , not stone or gravel. Sure could have used that on our property not his. 20 trees I could have used for firewood and mulch. The issue is he never 'asked'......

The thief told you " it is a ROW, I can do whatever I want".

I believe what is good for the goose is good for the gander!

Go take 20 ton of dirt and rock from directly in front of his property.....staying in the ROW of course.

two_bit_score · Jul 10, 2018

747driver said:
Covenants say...ROAD MAINTENANCE. The cost of the road maintenance shall be prorated between all property owners in the subdivision. The extent of road maintenance and/or improvements shall be determined by a majority of the subdivision property owners.

This is in everyone's Deed.

Is this the full extent of what it says? It doesn't specify that every parcel has a vote. So how do you get that an individual who owns more than one parcel gets a vote for every parcel he owns?

.