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

[Larry Caldwell]

I may just get a boulder, though I have no idea where to even get one, and place it on the outer corner of where the property is. I know I own all the way from my house to the grass on that triangle at the Y part of the driveway. I've seen the property line stake before. If he had an easement of 60ft (God forbid!) he would already take huge advantage of it. No question about it.

You buy rocks from rock companies. Any quarry shot results in boulders too big to go through the crusher. Someone could easily roll one out of a dump truck for you, but placing it accurately is another matter. That could require a large backhoe or a cat.

 

[dave1949]

An 8" well casing sunk deep and filled with concrete is a good truck "fence". Without pics this may make no sense, but why not tell the guy to clean out as much of the Y as he needs and that would keep him off your lot. What is the Y doing for anybody?

 

[rambler]

I don't understand the Y part either. Sounds like you should have a straight Tee coming out, with a slight flair - couple feet each way - to allow turning onto the public road.

As well, I don't understand the maintenence deal - you all 3 use the road (I know you said you don't, but it's there for you to use....) so everyone chips in 1/4 and maintain it that way. Not just th epart on your property, but everyone takes care of 1/4 of the whole road. Now I understand you doing it the way you are doing it, and not looking to bill anyone - I get that. But, the whole deal is set up wrong......

I think you got one shot at this, keep it civil but make your statement strongly.

A snow fence and maybe seed some grass next spring - well a truck trailer can drive over that pretty easily, I don't think you are making much of a statement at all.

A boulder or other immovable object is the statement to make, fisrt time, and will be the best chance of making things stick.

Where I live, there are rules how far away from the public road such a thing could be, and there are rules how wide the access road (easement accross your property) has to be. I'd think that would be a 20 foot easement here, if not more, and place the rock where you are allowed to place it. If you put it too close to the public road, etc. then tyou will be forced to move it, and will have lost your statement.

You need to make a calm but very firm statement.

You are also in the middle of a family fued. If he didn't get along with his sis, and you own his sis's land, then he is carrying that grudge against his sis, and how his grandma treated him 0 he is projecting all that dislike onto you. Once you start messing with the road, it'll bring up all his bad feelings about that old situation.

Good luck with all that. I think you are right and correct, but lotta good that does you.

--->Paul

 

[forgeblast]

Some big rocks, and then landscape it nice. You could even go with something like the skyrocket juniper to make a nice ever green screen down the side, plus the deer will not eat it up.

 

[Rock knocker]

Please don't drive on my lawn ever again

 

[Hillman314]

Jeez, pages and hours of contemplating about talking to a lawyer, a judge, a surveyor, the neighbor's parents, the neighbor's sister, the other neighbors, everybody but the contractor! Turning him into the evil "OTHER". This is how wars start. Talk to your neighbor. In a unemotional and unaccusatory matter of fact way, tell him what you are going to do. (Example: "Hey bud, just so you know, I'm going to put a couple of rocks on the edge of the driveway just to keep the edge of the lawn from moving in more. Just to keep everything honest and fair for everyone, I'm getting it surveyed so we know where the exact edge is.") If you present your problem (without being accusatory) and then present a solutuion that seems fair and reasonable, most people will see it as just that; and the presense of boulders that now blocks him on the way home from work one day, perhaps on a bad day when he pissed about 20 other things, doesn't come off as a surprise attack.

 

[Rock knocker]

The OP does seem to have the passive part of passive agressive down pat. And they certainly seem to know how not to get to the point.

 

[yelbike]

Jeez, pages and hours of contemplating about talking to a lawyer, a judge, a surveyor, the neighbor's parents, the neighbor's sister, the other neighbors, everybody but the contractor! Turning him into the evil "OTHER". This is how wars start. Talk to your neighbor. In a unemotional and unaccusatory matter of fact way, tell him what you are going to do. (Example: "Hey bud, just so you know, I'm going to put a couple of rocks on the edge of the driveway just to keep the edge of the lawn from moving in more. Just to keep everything honest and fair for everyone, I'm getting it surveyed so we know where the exact edge is.") If you present your problem (without being accusatory) and then present a solutuion that seems fair and reasonable, most people will see it as just that; and the presense of boulders that now blocks him on the way home from work one day, perhaps on a bad day when he pissed about 20 other things, doesn't come off as a surprise attack.

Your totally correct. We don't have all the details. To the op, don't assume he's a jerk till he proves it. Good luck.

 

[hunterridgefarm]

It is hard to tell without pictures but could you not gravel the middle section of the "Y" thereby creating a larger area that meets the highway? This would allow better access to the highway and the truck and trailer could make a wider turn...? Like I said until we see pictures it is hard to vision.

 

[Orangecrush68]

Update:

It's all done.

I feel I did this in the most responsible, reasonable way possible. I put green metal garden stakes in, starting where my property line ends at the next door neighbors, where my property had not been eroded, and moving back up towards my property, going in a straight line up the driveway... If you are coming from all the other neighbors properties, and driving up the driveway, it looks perfect, like it's supposed to, and I have my corner back on my property instead of a curve going through what was once my side yard. It looks great! It looks so much better.

I ran a line of caution tape along the stakes and attached red reflectors to them which is all temporary...

In the spring I'll put some top soil down and plant grass, and then landscape it. I won't be using a boulder. After thinking about this over the weekend, I thought a boulder may be too bold.

From the driveway's point of view it doesn't look like any part of that lane was lost because it's now straight all the way out to the road, just like 100% of the rest of the driveway, and the other lane going out to the road.

If I had to guess, I think he'll be able to get out fine, but if he wants to, he can just overcompensate now on the other side which is the grassy triangle. lol Neighbor #3 owns that, and I know enough if that happens he will freak! But that is not my problem. To the people who asked, I have no idea why that triangle is there. It serves no purpose. All that sits on it is a huge boulder in the middle and that's it, with 2 12 ft gravel driveway lanes on either side of it. It would be great if neighbor #3 took it out, but I doubt that'll happen.

Anyway, I appreciated all of your advice. Thank you so much!

 

[Mousefield]

Your totally correct. We don't have all the details. To the op, don't assume he's a jerk till he proves it. Good luck.

No we don't have all the details but I think a good neighbor would have fixed the road a long time ago, especially when you consider he has created the problem and has the equipment and access to gravel to fix it. In the long run, no matter how you handle it, he will most likely not be happy. Make sure of the property and road boundary and then, as suggested, some big rocks.

 

[sailfast]

No we don't have all the details but I think a good neighbor would have fixed the road a long time ago, especially when you consider he has created the problem and has the equipment and access to gravel to fix it. In the long run, no matter how you handle it, he will most likely not be happy. Make sure of the property and road boundary and then, as suggested, some big rocks.

You could also go with a "Truck Trap" extra soft spot (tilled earth 12 inches deep) that would trap him there if missed it too far. With heavy equipment loaded there is no way he could get past such a soft spot; have to unload the equipment and lift or push it out. If he got caught I am sure he wouldn't do it again and not obtrusive like a boulder.

Btw now is a great time to sew grass seed.

 

[yelbike]

You could also go with a "Truck Trap" extra soft spot (tilled earth 12 inches deep) that would trap him there if missed it too far. With heavy equipment loaded there is no way he could get past such a soft spot; have to unload the equipment and lift or push it out. If he got caught I am sure he wouldn't do it again and not obtrusive like a boulder.

Btw now is a great time to sew grass seed.

That's a sand trap for truckers!!:rotfl:

 

[RobertN]

Did you find out exactly the easment? As I mentioned previously, the roads in my neighborhood are 20-24' wide, but the easement is much wider. And, in some area's the road is all the way to one side of the easement....

Update:

It's all done.

 

[Orangecrush68]

Did you find out exactly the easment? As I mentioned previously, the roads in my neighborhood are 20-24' wide, but the easement is much wider. And, in some area's the road is all the way to one side of the easement....

Hello. The easement is stated as Electric Co. Easement, 12ft wide, with an arrow pointing to my lane of the driveway where it runs along side the pole. The electrical pole is on my property, located on the very edge of the grass, almost touching the driveway.

That is the only easement there is.

 

[yelbike]

Check your deed and verify the location and width of the driveway. Is there a road maintenance agreement? Check the court house records for this information. I have seen situations where people are part of an HOA with a RMA but did not know it. From the history of the place, I doubt there is an agreement but it would not hurt to check.

Once you know the legal description, you need to make sure that it matches what is on the ground, which could mean a survey. If you can find the pins, and they match the paperwork, you might be able to skip the survey. If it was me, I would get a survey especially since you are putting up a fence. The survey will nail down the property lines and I have seen people surprised at the location of the lines.

I would also talk to a lawyer, no, not to sue the guy, but to find out what your state law says about this situation. You might not be liable at all for the driveway but maybe you are liable. Since the driveway is NOT for your use or benefit, I don't see why you would have to pay to maintain the driveway. If the use of the driveway is doing damage to your property, who is liable? Over the years we have talked with quite a few lawyers for advice and we have not been billed once even though we asked and expected to pay.

Before I start down the path similar to what you are having to take, I like to have my ducks in a row. If that means paying a bit here and there so be it. I want to be R I G H T and it is cheaper in the long run. If you can say to a judge, jury, and/or neighbors that I checked the court house records, got a survey and talked to a lawyer, you have pretty much done all that can be done.

Having said that, go read the huge, long running, thread by MDBARB about his easment problem, http://www.tractorbynet.com/forums/rural-living/14251-help-i-need-legal-advice.html. Actually, the thread is so long, just read the first few pages and the last few pages. Bottom line he lost and I believed his side of the story. He lost a huge some of money.

I do have a concern about the fence. With his heavy equipment, and the fact he hit his sisters car, I think he will take out your fence and then you are into a war. If you put up a fence I would have large, heavy rocks placed to protect the fence. If large rocks are not available, you really need to put in heavy posts outside the fence line to protect the fence. Put in something you do not care to loose or that is hard to replace.

Its a shame that we have to deal with people like this but it is life.

Good Luck,
Dan

Wow!! What a read!! I read the first few pages, then just the op post to speed things up. All i can say is wow.

 

[swick1]

Well it's been 4 days. How is it working out? Did he run over your car in retaliation?

 

[radioman]

interesting. Over the summer this year, I had a issue with my my neighbor east of me that keeps mowing on my property and each time he mows, he goes further and further and fruther to the point he is clearly on my property. I had a conversation with him about it and he just sneered and said ok no problem but still does it. hmm. I looked at my property survey and got the biggest rock I had, moved it to the edge of the property right in the mowing path. He havent mowed on my property since. A single rock placed on the edge of the line on my side, he stayed on his side on the 100 ft border .:thumbsup:

sometimes a single obstruction is all you need.

 

[Mace Canute]

Hello. The easement is stated as Electric Co. Easement, 12ft wide, with an arrow pointing to my lane of the driveway where it runs along side the pole. The electrical pole is on my property, located on the very edge of the grass, almost touching the driveway.

That is the only easement there is.

An electrical easement is between the land owner and only the electrical utility to give them the legal right to have their equipment on the property. They also have the legal right to use that easement to access the equipment, but it doesn't give anyone else the right to be on that easement.

 

[MarkV]

I was thinking the same thing as Mace. We have a power line easement on our property and it sure doesn't give anyone besides the power company the right to use it. If there are other houses down the lane there must also be some Ingress/Egress easement in play.

MarkV