What are my options

... If the poster was my client, I would tell him to go to the neighbor with a "you might not have known what your contractor did but look at this....." Give the guy a chance to do the right thing. ...
OP followed your advice to a T, Caje! (And before ya even gave it!) Worked out great, too. Post 33.
 
Normally I would say don't call the cops that this is a civil matter. I got a call from a very old couple about their yard being torn up. I arrived and saw ruts that looked like a bulldozer had gotten stuck in their yard. What had happened was that Bubba had quit paying on his pickup because it had quit running. He had also quit paying on his trailer for whatever reason and stuff had grown up around the truck and the trailer. A finance company had sent a repo crew out to get the truck. They couldn't get to it from the road because of the over growth so they went next door to the old folks residence, who had a nice neat yard, and dragged the truck through their yard on their property to where they could hook to it and tow it off. It had been raining a lot and they left a huge muddy mess and when the old man complained about it they basically told him it wasn't their problem. I contacted the finance company and they very rudely tried to blow me off. After carefully explaining to her in a language that she could understand that I wasn't one of her normal deadbeats I asked the lady what her name was and she told me. Then she asked me why I wanted her name and I told her that it was because she was going to be the first one named on the lawsuit for the property damages incurred by her repo people. A landscape crew arrived about an hour later and fixed the damages. Finance companies ain't the only ones who can bluff.
 
Normally I would say don't call the cops that this is a civil matter. I got a call from a very old couple about their yard being torn up. I arrived and saw ruts that looked like a bulldozer had gotten stuck in their yard. What had happened was that Bubba had quit paying on his pickup because it had quit running. He had also quit paying on his trailer for whatever reason and stuff had grown up around the truck and the trailer. A finance company had sent a repo crew out to get the truck. They couldn't get to it from the road because of the over growth so they went next door to the old folks residence, who had a nice neat yard, and dragged the truck through their yard on their property to where they could hook to it and tow it off. It had been raining a lot and they left a huge muddy mess and when the old man complained about it they basically told him it wasn't their problem. I contacted the finance company and they very rudely tried to blow me off. After carefully explaining to her in a language that she could understand that I wasn't one of her normal deadbeats I asked the lady what her name was and she told me. Then she asked me why I wanted her name and I told her that it was because she was going to be the first one named on the lawsuit for the property damages incurred by her repo people. A landscape crew arrived about an hour later and fixed the damages. Finance companies ain't the only ones who can bluff.
Same here. You just have to know how to word things.

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The first three scenarios worked out well in my favor. The 4th i thought I was going to be in a self defense situation as the guy walked toward me with what looked to be a torque wrench in his hand while on my property mind you. I basically told him if I felt in fear for my life and that if he continued to advance I would shoot him and put my hand on my gun. That was enough to deter him thank God. All because he'd torn my driveway up and I threatened to call the cops and he's a felon.

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Too bad about your predicament. Our neighbor had a crew replace about ten feet of his concrete sidewalk at the top of a slight slope.
Rather than a laborer with a sledgehammer and wheelbarrow breaking it up and carting it away cleanly, a dump truck and skid steer tore up the grass on the slope. They broadcast some grass seed over the damage and now, several years later, the multiple parallel ruts are still clearly visible under the grass.
Good luck getting it repaired correctly.
 
Glad to hear that things seem to be working out for you. I had a hard time believing some of the responses in this thread.

I know that today the answer to every problem is to sue somebody, but I thought that getting a lawyer involved was sure to cost you more than simply fixing the damage yourself if it came to that.

I was also surprised at how many people thought the police would get involved with what is clearly a civil matter.

This thread is a shining example of why free advice is often worth exactly what you pay for it.
 
OP followed your advice to a T, Caje! (And before ya even gave it!) Worked out great, too. Post 33.
Glad he did!! I was worriewd about the combative nature of the posts and felt it wise to suggest that the first step is almost ALWAYS to take a civil,polite and friendly approach-which usually works to a T as it did in this case.
However if that doesn't work, ****'em, it's gloves off, game on, "rape their women, kill their children and salt their fields" time ;):D
 
I'd have waited until it dried up and spent a couple of hours out there with a rake and some grass seed. People make mistakes. Fixing it would be a lot more enjoyable to me than arguing about it.

I live at the end of a dead end road. I've lost count of how many mailboxes I've put up since we've been here. My neighbor has a paved driveway, so he likes to send anybody with a heavy truck through my yard. He's a great neighbor, so I don't make N issue of it. It wasn't all that smooth to begin with.

I'm glad to hear it seems to be working out for you.
 
Don't you love it when there is a somewhat Happy Ending? The "fixers" and owner ended up being one guy and no owner.:( The owner said that "they" would be at my house at 10-10:30. He texted me at 9am and said he had run into problems and was going to be late, lunch or a little later. The one guy showed up at 12:45. He was not one of the ones who screwed my yard up. He has a landscaping business, and does that during the warm months, and joins the tree company when it gets colder so he can work year round. So, he is their landscaping expert.

Not knowing exactly what he was getting into, he wasn't entirely prepared. He brought grass seed and straw, but no dirt. He worked about 2.5 hours getting everything straightened out as best he could. He then came to my door and told me he was going to get some dirt, but wanted me to know he was definitely coming back!:) He was gone quite a while. I heard his truck come back and met him outside. Instead of going to the local landscaping store and buying a scoop of dirt, he had gone to his property and dug up a scoop of dirt.:eek: He spread the dirt in the ruts and on the berm, threw out the seed, and spread out the straw. He worked until after dark to get the berm section finished, since we were expecting rain today. He told me he would come back this morning to finish.

Here are some pictures:
 

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The guy came back at 11:00 this morning with a helper.....his wife. They threw out seed and spread the straw on the rest of the problem. Then they hosed off the driveway. They finished about 12:30. About 15 minutes later, it started to rain! Thank goodness they got it finished because it is supposed to rain every day for the next week. If we have some heavy rain, maybe it will test the new berm out! Here are a couple of pictures from my truck:
Larry
 

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FWIW it looks like things are moving in the right direction, I would be sure to thank the neighbor for their quick response.
You ever watch a show called Fear Thy Neighbor ?

Caj called it right - things go south and quickly when a Pi**ing contest develops.

Now I would add that when you get to that point you want a bulldog in your corner - Caj may fit that bill !

Is it 6 minute increments, 250 an hour Caj ? Right around 4 bucks a minute. Ain't bad work if you can find it.
 
Well hopefully it doesn't settle by summer.

I am not sure if you have dirt/sand mix or just dirt.

If just dirt your have to take a roller to it or at lest a tamper.

I am a bit skeptical about what this guy is doing.

On some stump jobs we fill in the hole with new dirt using a tamper or run it over with a dingo at least every foot deep. The last six inches needs to be topsoil,not fill which is clay mostly here,Then seed,pellet fertilizer ,straw.

We found not tamping it makes the new dirt with grass soft and just walking on it it would sink.
 
Rich,
You are probably right, but with that area being so wet this time of year, I don't know if tamping it down would ever firm it up. At some point, I need to put a drain in the berm. I think that would make things much better.

It is definitely not like it was before the damage was done. The original builder told me he had a landscape architect friend of his to "lay out" the berm so while it would redirect the water, you could also mow the lawn without scalping the top of the berm. The owner of the tree company said if I was not pleased he would come back, even after it warms up. Hopefully, he is a man of his word!
Larry
 
I faced this type of problem when a wrecker company drove a bulldozer down my driveway to the back of my property to extract a truck that had gotten stuck on a sandbar in the river. Big damage. I got lots of photos, a total repair estimate from a landscaping company, and then filed a claim with my homeowners insurance company. Within a week I had everything fixed to MY satisfaction, even filling every track rutt, and shortly afterward received a check for 1500.00 for unclaimed damages. Looks like you can file with insurance or file in small claims court. As for the Home owners association, they are only good for taking your dues and sticking their nose in business that is not theirs. Good luck!!!
 
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