New here. Shared driveway issues w/someone who owns a backhoe, bulldozer, excavator

[dmccarty]

Dan, I posted my response before I saw your reply. Just to be clear, the guy did not hit his sister's car; he just threatened to do so.

I'm going to go check out the link you posted, though Im a little scared to see how bad these problems can escalate. I do not want a war with this guy. Suing him for maintenance/upkeep is not going to happen. I won't do it. I'm not morally opposed to it, but I plan on living here the rest of my life. This guy's family is all around here and they have plenty of money. I choose my wars carefully and that is not one I want to start...

Yeah, one does not really want to start a war much less a peeing contest. We had a situation with our place and my thought was that if I went after the guy I would have to legally beat him down hard. So hard that he and his vast family would not want to mess with us. That is hard to do in court though. :laughing: Most likely it would expensive and certainly a PTIA. In the end, we got what we were owed and the man in question got what he had earned. Karma can be a b...tch and I do believe one reaps the seeds one sows. It just might take awhile.

We also have a similar situation in that we intend to live out the rest of our life in our current house and we have neighbor issues. One does not want issues with the neighbors but it seems that one does not matter how hard one tries. The MDBARB situation is almost as bad as it gets and it serves a good warning to pick ones fights very carefully. Avoidance is best, if possible, but sometimes ya gotta do what ya gotta do.

I am glad that is misread that he had hit the sisters car. That would be a very bad sign.

Later,
Dan

 

[lockhaven]

if you only have a utility easement mentioned the road can only be used at it's current width. Utility is for the just that the utilities gas, electric, state, if a road has continuous use it cannot be closed at least around here.

 

[9973720wb19]

there should be some type of legal document filed with the county called a "Driveway Maintenance Agreement" in most states, this is required by the state/county before the lots can be develped. you should have gotten a copy of this at your settlement, but it not, it should be filed with the county. it will explain how maintence is to handled with each property and who is responsible for paying what. for example, if you have a drive were you only use say 10%, then you pay 10% of any repair. the further back someone is typically, the more they have to contribute to repairs. the DMA, will explain how any one property owner goes about seeking a repair. in addition, there might be covenance filed regarding your lots, this will explain what the lots can be used for - for example, some say "residential only...no business, etc." good luck - keep us posted

 

[Jim in ICT]

I agree with wb19; check the area's covenents. He may be violating an ordinance against the storage of heavy equipment, or operating a business in a residential area. You didn't say whether you lived in an urban or rural area. I assume somewhat rural with large lots? I would definitely have an adult discussion with him. Since neighbors #2 & #3 have the same beef, take them with you. Nothing like safety in numbers and witnesses to what's being said. Be calm, but firm that you're unhappy with the damage to the property. If the damage continues, I'd have another discussion, and then another. You could also buy a game camera to document the path he takes and the damage that he's causing.
If he has all the equipment to do the repairs, it would be reasonable to ask him to do the repairs and maintan the driveway. Since it's owned by the four of you, any cost of materials, (rock, gravel, etc.) could be shared. I wouldn't offer a dime to him for fuel and his time. He created the damage to the driveway, not you.

 

[plowindeeper]

Check around before you hire a surveyor. I had the same person do one line 2 times. First time he platted it out wrong and put 2 easement on the wrong side making him 45' off, yes that's 45 foot. He looked at his paper work when I questioned him and he agreed I was right came back out and resurveyed ended up 70 feet from first pin he put down. Putting the line through my neighbor's house. Hired a second surveyor and he came up in the middle of those two pin"s. and then explained to me why it was were it was.

 

[SPIKER]

when you bought your place were there pins location shown to you? do you have a clue for sure where those pins are, a low cost metal detector should be able to locate them. overtime they tend to disappear pretty easy, my drive is long does go by the neighbors property line. I found all my pins except the far back two in the woods due to overgrowth and trees with established fence lines I have not worried much as the farmer in back runs horses so keeps good fences which makes great neighbors...

Mark

 

[greasemonkeyok]

I know a fella that had a boundary-line dispute with his neighbor. Problem became acute when he discovered his neighbor had pre-paid legal insurance, so neighbor was not footing the bill. Don't know the final costs, but it was both unpleasant and expensive the fella.

So the lesson to be learned is - decide up front just how important it is to rectify the situation and how far you are willing to take it. Probably a good idea to visit with an attorney to find out what can be done, and what the down sides are. Kinda the same thing others have said above, just in different terms.

Also, plowindeeper's experiences with surveyors is not unusual. They are humans, and we all know that quality of work varies greatly sometimes.

 

[sandman2234]

Well, the best of luck to you, in getting this resolved. I approached a similar situation by digging out a previously existing ditch that had been caved in and the opposite bank was being eroded which gave the road fresh dirt for users to drive on. One of the residents got a couple others to come behind me and fill in the ditch (with shovels) while I was still digging with the tractor. I quit till they got tired. Another one (whom I thought had more sense) came onto my property and told me I had no business digging that ditch in the smoothest part of the road. I told him the property owners (my in-laws) next move was for me to put up poles next to the ditch to protect their property. He told me that if I erected poles, he would snatch them down and dump them in my front yard. Out of anger, I told him if I caught him doing that on my property, I would blow his head off. Things between us went sour and haven't been the same, probably never will. The ditch has been re-dug and has been left alone, the poles never erected.
As far as the O/P and his 12' driveway, unless the frontage road is extremely wide, a tractor trailer won't be able to make a turn like that. So, if any sort of fence is erected, it will be torn down by the trucks making the turn. Rocks of a larger size will tend to discourage their encorchment but are usually expensive to buy. You might consider talking to a local concrete plant and see if they can donate a block (or sell you) of their excess concrete. What your looking for is something that is tougher than a tractor trailer, and if they hit it, it will damage the truck. Not because you are trying to tear up their trucks, only because you are trying to protect what is yours. Holding the line against trucks is going to take strength. Now, if the truck owners take your actions wrong, and grab one of the dozers and push the rock out of their way, then your going to have a fight on your hands, that will not end well for anyone. Best of luck, David from jax

 

[rmk700]

Out of anger, I told him if I caught him doing that on my property, I would blow his head off.

Now that's angry. Lol

 

[edlegault]

In our area, driveways have to be wide enough to get fire trucks down the road, with turns and turnouts. That means the driveway has to be at least 14' wide plus turnouts to each property wide enough to get in and out. Also, every property HAS to have access (through someone else's property if necessary). If this gets nasty and goes to court, the judge will decree a 60' easement --- guaranteed!