Neighbor has elected to damage over 20 trees

[Slowpoke Slim]

He has not put one penny into that road. We have put 20 tons of stone on it and another owner spent $7,000 for the concrete section that covered up a bad area, which by the way runs right along his entrance.. Didn't ask him for a dime, nor did he offer to pay for a portion. He lives at the bottom of the development so he doesn't care about the rest of the road...only his section.

I get it I don't own my property on the ROW so to speak !! Maybe I should just get a D8 and clear a 50' swath....the Sheriff would be out in minutes!!!

And as soon as you said "Right of Way", the sheriff would be gone just as fast.

Your neighbor has put his time into the road. He can charge for his time, his equipment time, and related expenses. Do you know how many hours he's worked on this road? He could charge the "owners group" reasonable labor and related expenses. What does an average tractor-for-hire-guy in your area charge for tractor time? $80/hr? $100/hr? $50/hr?

If I were you, I'd stop poking at this. He may decide he's had enough of you and hand you a bill, and sue you if you don't pay it. Don't think it couldn't happen.

 

[plowhog]

The responses are all presented in the absence of reading the land documents. So if it is true that all 10 owners must consent to something, I think that works two ways. First, you'll never get all 10 to agree. Second, he will never collect any claimed money owed for work as it was not approved by the other owners.

My Dad owned property in a similar circumstance. The neighbors agreed to purchase a lot ($$) of gravel to improve the road. They asked by Dad to contribute his proportional amount. He said no. (He was unemployed at the time.) So they improved it without his contribution.

 

[dodge man]

I am a land surveyor and I see a lot of problems with shared driveways and easements.

You keep saying he stole dirt and trees. From his point of view he improved the road at his cost. My guess is without reading the documents everyone that has rights to the road have to agree from the point of view of spending money. If he isn稚 sending bills to anybody I would say he is within his rights.

Did you really need the dirt and rocks he took? My guess is you would be more upset if he had piled that stuff up on your property.

I hate to pile on but if I were you I would let it go. It痴 going to do nothing but continue to up set you. I have seen reasonable men get crazy over this stuff. The best you could do is build a fence along the easement line to keep him from straying off of it.

 

[two_bit_score]

He has not put one penny into that road. We have put 20 tons of stone on it and another owner spent $7,000 for the concrete section that covered up a bad area, which by the way runs right along his entrance.. Didn't ask him for a dime, nor did he offer to pay for a portion. He lives at the bottom of the development so he doesn't care about the rest of the road...only his section.

I get it I don't own my property on the ROW so to speak !! Maybe I should just get a D8 and clear a 50' swath....the Sheriff would be out in minutes!!!

Well, well, well....turn the tables a little. Did you and the owners who did this other work get permission from EVERY other property owner? Including him? If not, maybe you have established an estoppel where it's not necessary, by actual practice, to have the permission of everyone.

 

[ray66v]

First, I sympathize with the OP.

There is nothing more frustrating to me, than dealing with people who do not respect your property, and feel they have the right to do what ever they want. And, you should just keep your mouth shut, and take it.

I have been there.

However, as previously mentioned, you lose, even if you win. So, a big fight, even if, and though you are right, is perhaps not the best way to deal with it.

Offer a compromise, to at least, give the neighbor the impression, you are willing to be reasonable. This may open up the negotiation process. You may have to give up something you don't want to give up. But, think about how nice it will be to be getting this behind you, rather than have a prolonged battle for your future.

Write the agreement out, and you both sign it. At least then, you have some say in this. And, it gives you a tool to use, if you have to go to court later.

In the agreement, you can establish the precedent, that negotiations should be made in the future, before there is any other work is done, beside what is specified in writing, in that agreement.

Then, exhale, and move on.

 

[747driver]

And as soon as you said "Right of Way", the sheriff would be gone just as fast.

Your neighbor has put his time into the road. He can charge for his time, his equipment time, and related expenses. Do you know how many hours he's worked on this road? He could charge the "owners group" reasonable labor and related expenses. What does an average tractor-for-hire-guy in your area charge for tractor time? $80/hr? $100/hr? $50/hr?

If I were you, I'd stop poking at this. He may decide he's had enough of you and hand you a bill, and sue you if you don't pay it. Don't think it couldn't happen.

His reward was the dirt and rocks he took for his property which is not in ROW ! He would raise all sorts of cane if I cleared a 50' swath...claiming it served no purpose and damaged the ambiance of the area...

 

[747driver]

Well, well, well....turn the tables a little. Did you and the owners who did this other work get permission from EVERY other property owner? Including him? If not, maybe you have established an estoppel where it's not necessary, by actual practice, to have the permission of everyone.

The stone was for the everyday wear and tear on the existing road. Its when you want to make altering changes you need to ask the other owners. Sure we could just let the road go to pot holes,ruts and all.

 

[747driver]

I am a land surveyor and I see a lot of problems with shared driveways and easements.

You keep saying he stole dirt and trees. From his point of view he improved the road at his cost. My guess is without reading the documents everyone that has rights to the road have to agree from the point of view of spending money. If he isn稚 sending bills to anybody I would say he is within his rights.

Did you really need the dirt and rocks he took? My guess is you would be more upset if he had piled that stuff up on your property.

I hate to pile on but if I were you I would let it go. Itç—´ going to do nothing but continue to up set you. I have seen reasonable men get crazy over this stuff. The best you could do is build a fence along the easement line to keep him from straying off of it.

We have 24 acres and can always use dirt and rocks, so no I would not have been upset !

 

[747driver]

The responses are all presented in the absence of reading the land documents. So if it is true that all 10 owners must consent to something, I think that works two ways. First, you'll never get all 10 to agree. Second, he will never collect any claimed money owed for work as it was not approved by the other owners.

My Dad owned property in a similar circumstance. The neighbors agreed to purchase a lot ($$) of gravel to improve the road. They asked by Dad to contribute his proportional amount. He said no. (He was unemployed at the time.) So they improved it without his contribution.

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.

Problem is many of the 10 owners don't live here and are out of state. So I highly doubt an agreement could be reached on anything as they are not affected.

 

[two_bit_score]

His reward was the dirt and rocks he took for his property which is not in ROW ! He would raise all sorts of cane if I cleared a 50' swath...claiming it served no purpose and damaged the ambiance of the area...

Escalation of the degree of offense is going to make your argument weaker; not stronger.


TBS