Drive way problems and dump trucks. O/T

[old]

Well things may get sticky in the next few days for me. My drive way is a mess because of the truck in last month and with all the rain they plan to be back in in a day or so. My drive way is so soft right now its all I can do to get in and out. Told they guy no way and he told me oh well. I'm about to call the cops and tell them either they fix the road or they don't drive in and or put up about 10 gates so they will have to stop every 100 foot and maybe get them to stay the $$%^ out. Sorry just venting. Oh by the way this is a private drive but I have a place pass me so I have to let them in but don't have to let them destroy my road. Guess you could say I'm madder then a wet hen at this point
Hobby farm

 

[Bruce Hopf]

Old.
I think, if its a private driveway, and its yours, they will have to repair the damages to the driveway. If I remember right, about 20 or so years ago, somebody in this area was building a house. The guy building the house was planning to extend his neighbours lane way into the new house being built, due to the cost of the lane way was cheaper for the owner of the new house. The neighbour said no way. I do not have to give you access to your house. The owner of the new house checked into it, and he had to reroute his lane way the length of his farm to access his new house. He could not cut across his neighbours farm to the new house which was shorter. Now if it is water drainage, that's a hole different ballgame. You then have to give an out. I'm quite sure that you do not have to allow access to another property. If they don't respect your driveway, or road, you do not have to allow them access. I would call your township, and verify this.
Hope this helps.
Bruce.

 

[RAB]

I presume you have some photos of the drive along with something clearly showing/proving the date in the pic. You may need evidence that they caused any damage. An item (which could not have been available before recent time) is a must to prove pics are not 10 years old. Any insurance claim they might put in would only pay the absolute minimum they can get away with.

Regards, RAB

 

[MarkB_MI]

Have someone come out and give you an estimate of the cost to repair the road. Then send whoever is tearing up your driveway a bill for damages. If the guy is reasonable, he will haul in some rock himself rather than pay you to have it done. If you can't get him to fix the driveway, it may be time for small claims court. The cops will be very reluctant to get involved in what appears to be a civil matter.

 

[jose bagge]

Does a bona fide easement exist? On paper or on plat? if not, lock it up- and call the police out to enforce it.
If the guy won't haul in some stone,
I'd start drilling some holes and sinking some railroad ties just narrow enough for standard cars and trucks, too narrow for the big dumps. Sink 'em 6 feet deep, cut 'em off at 3' high and sink several on each side so they can't go around.

 

[Don L C]

Old ---

When they come back, try to get pictures of the truck going through the mud......back side shot would be ihe best.....Don

 

[KYfarm]

My farm is behind anothers guys farm, has been for 80+ years. They have to let us through there is no other way to access our property. However, the road has always been our problem to maintain at our cost. Don't know your situation there but sure seems like at this point you need to speak with some authority in the county seat to find out who is responsible otherwise is will just be a pissing match between the two parties.

 

[Tradititonal Farmer]

Cops are going to tell you its a civil matter which means you will spend more getting them to fix the road than it will cost you to fix it yourself.Also do you have documentation on what it looked like before? If not then they can say it was already a mess bad.

 

[Anonymous-0]

I forget the reason they are using the road, but anytime I can recall trying to get trucks in somewhere, you were always better off making sure the road was taken care of. You can't make time with stuck trucks. Their ought to be a fair and amicable way to resolve it, who is running the trucks, are they that boneheaded ? Does not make sense, too bad one of them does not get buried in there, then they'll sing a different tune. This sounds petty, their ought to be some reasonable way to get it resolved, but don't give up your leverage until something is done, like 2 kids fighting in the sandbox.

 

[Bill in IN]

I would find a good attorney. Good intentions are nice but it"s doubtful that anyone on this board lives in the exact same locale, has the same problem, at the same time as you. Legal situations change continuously can be well worth his fee if only to either give you a course of action or let you learn to live with it.

You"re also losing a driveway...

 

[Walt Davies]

I would check with the county the right of way may not cover big trucks only cars and pickups. If he is destroying the drive then he is responsible for the repair of it to what ever condition it was before.
Can be a nasty fight but sometimes its worth the trouble if they don't want to be a nice neighbor.
Maybe you can get the county to put a load limit on your right away.
Walt

 

[massey333]

Old,didn't you say a couple months ago that you don't own the land that this driveway sits on and only have a rightaway on it?If that is the case then the owner of it has no obligation to maintain it for you other then to maintain good will with you.If you own the property that the lane sits on,then you need legal help because nothing anyone on here says amounts to anything "me included".Good Luck

 

[old]

It not the land owner that is causeing the problem but the guy who has land past my place.

 

[Larry59]

Lets see.. hummm Cilvil case.. yup.. pictures.. huummmmm Now just were have I heard all this before. Guess someone did not believe me? Did see you got hold of the old man and it is now taken care of to your satisfactory. *S

 

[old]

But yes I have pictures 19 plus of them and another 13 or so to down laod just in case I need them

 

[Anonymous-0]

What if, just past where you use the road, you plant a nice garden on each side, plow 'em real deep and keep 'em soft to grow good tomatoes. Leave just enough room to pass through w/ a normal vehicle. If someone slid into my garden, I'd have the most expensive mators in the country......

Hope things work out for you,

Dave