What are my options

Joined
Apr 4, 2008
Messages
8,473
Reaction score
14,138
Location
South Carolina
I am hoping you folks can give me some advice. Yesterday morning I heard a chainsaw running at the new neighbor's house behind me. I didn't pay much attention to it. Later in the morning, I left the house with a friend coming home just before dark.

When I got home, I was shocked at what I saw. The "workers" had used my driveway to get a large, heavy dump truck closer to the logs and limbs from the cut down trees. There is 3 problems with them doing that. First, my truck was at the head of my driveway and there was not enough room for the large dump truck to get close without backing into my yard. Second, we have had a lot of rain lately, and had about 4 inches of snow 36 hours before they drove through my yard, and there was actually standing water at the end of the driveway that they had to drive through! Third, my yard stays wet and extremely soft for DAYS after rain/snow during the winter!

Of course, since I was not home, I didn't give the "workers " permission to come on my property. The truck made huge, deep ruts down much of my driveway! They also drove over the top of a berm that the builder had to put in to keep rain water from going into my garage. Now it has deep ruts running through it and is much flatter. If the workers had asked me if they could back their dump truck down my driveway, I would have refused explaining to them about the condition of the wet, soft driveway. But, I would have told them to leave all the logs and limbs where they were and when the ground was dry enough, we would discuss it again. BTW, the workers left no note saying that they would fix the damage! One of my other neighbors told me that neither of their vehicles (dump truck and Jeep Cherokee) had any signage on them. I have no idea if they are licensed, bonded, or insured.

Like I said earlier, these are new neighbors that I have not met. To tell you the truth, I didn't realize that I had new neighbors. The old neighbors, who had lived behind me for 30+ years, moved months ago. Between the virus, me having 2 foot surgeries that kept me home bound for 6-8 weeks each time, and the fact I have never seen them in their backyard, we have never met. One other thing I should add, the old neighbors had some trees cut down a couple of years ago. They called me ahead of time and asked if they could use my driveway to make moving the tree debris easier. They said that the truck would stay on the driveway and that they would put sheets of plywood on my grass so they could drive a Bobcat over them and not hurt my yard. It was very dry, and summertime if I remember correctly. I told them no problem. I moved my truck out of the driveway, their dump truck stayed on the driveway, and everything went fine.

I have not been able to talk to the neighbors yet. I haven't even been able to find a telephone number for them yet. I took pictures just before it got dark. There were no lights on at their house so I didn't go over there. I contacted the HOA hoping that they could give me their telephone number. No luck there.....yet. If I can't find their number tomorrow morning, I'll drop in for a "visit".

I know this is long, but I hope some of y'all will read it and give me some advice. Thanks in advance.
Larry

PS - Here are a few pictures.
 

Attachments

  • 2ABA4725-7CED-4A2C-AF0A-B25178E8BC9D.jpg
    2ABA4725-7CED-4A2C-AF0A-B25178E8BC9D.jpg
    78.4 KB · Views: 359
  • 0262EED3-9F0D-4C27-9F6F-FA2E16CE4C0F.jpg
    0262EED3-9F0D-4C27-9F6F-FA2E16CE4C0F.jpg
    81 KB · Views: 341
  • A1F98E66-7F6A-4939-8699-A7D7C22B1BF9.jpg
    A1F98E66-7F6A-4939-8699-A7D7C22B1BF9.jpg
    87.5 KB · Views: 314
  • 985A77CE-FCB6-4766-9636-BA73D8975923.jpg
    985A77CE-FCB6-4766-9636-BA73D8975923.jpg
    88.1 KB · Views: 294
  • 351207D2-11EC-4918-91F3-4C81D616EC35.jpg
    351207D2-11EC-4918-91F3-4C81D616EC35.jpg
    88.2 KB · Views: 260
Last edited:
Register to hide this ad
It figures the pictures would not be oriented correctly! Let's see if I can fix that.

Well, I tried 3 times to get them right and no luck!! I guess it is just one of those days. Maybe one of you more knowledgeable folks can do it for me.
Larry
 
Last edited:
Here, I would take your photos to you neighbor, introduce yourself, show him the photos and ask who did the work. I would try to be non confrontational and explain you are not angry at them, that you just want your driveway back to its original condition. Then, I would contact the people who did the damage and tell them that they need to come and repair your driveway. I would contact the law if results didn't come in short order or I detected a brush off.
BRlAoRS.jpg

6oyiNF9.jpg

1JjRije.jpg

HhCCpfO.jpg

Er6Yypp.jpg
 
Last edited:
If I was in your situation I would make a personal visit to the neighbors.
I would try to be pleasant and calm, and even welcome them to the
neighborhood. Then give them a copy of your post and photos, and ask
them if they can have their workers come back when things dry out, and
repair the damages. If they agree, try to get something in writing as to
your agreement. If they don't agree, tell them you hate to have to get
an attorney involved, but will if necessary. It's too bad things like this
happen. I had a similar incident with my next door neighbor, but it all
worked out peacefully.

PS If you need to get an attorney involved I would think you would be
able to include his (or her) fees in your damage claim.
 
Last edited:
Here, I would take your photos to you neighbor, introduce yourself, show him the photos and ask who did the work. I would try to be non confrontational and explain you are not angry at them, that you just want your driveway back to its original condition. Then, I would contact the people who did the damage and tell them that they need to come and repair your driveway. I would contact the law if results didn't come in short order or I detected a brush off.

BRlAoRS.jpg


6oyiNF9.jpg


1JjRije.jpg


HhCCpfO.jpg


Er6Yypp.jpg

Thank you very much for fixing my pictures and the advice! One thing I am curious about is should it be my responsibility to contact the workers or should it be my neighbors responsibility since they hired them? Also, since I can now see the pictures, I realized I didn't post one I needed to post. This one shows the view of where my truck was parked. And it is coming out oriented correctly.😀
Larry
 

Attachments

  • 1A0CFF2C-FDD3-4D78-89AB-E09F9B490C10.jpg
    1A0CFF2C-FDD3-4D78-89AB-E09F9B490C10.jpg
    101.8 KB · Views: 200
I would think the company that cut the logs and limbs would have liability insurance...The company is responsible for it's workers.

Whether the company then gives the workers further training or fires them, AFTER settling up with you, will be up to the company.

I would bet the company has been to this rodeo before.

THEN, if no satisfaction, you would probably have to go the legal route...

Yep, introduce yourself to your new neighbor, it wasn't his fault, it was the company that cut the tree limbs and logs.

With your photos, it looks like you have a "good path" (pun) to reach a satisfactory conclusion.




WuzzFuzz
 
Unfortunately this is a sign of the times.

No respect for personal property and no responsibility for damage to other's.

There is no way that the contractor or new neighbors could not have been aware of the damages and should have stepped up to make things right.

That being said, I agree with "CrazyPhil" that you should be the adult in this situation and approach your neighbors in a conciliatory manner to ask for reparations.

If this approach doesn't work, then you have options as others have described.

Good luck!
 
1st scenario

Some south of the border individuals purchased the lot next to me and ran over my water main with a big truck and it blew like a geyser. Luckily the guy that was cutting my yard noticed it and turned the water off. The next day I went to the realtor who sold them the land and explained what happened and showed pics and he cut me a check right there and said he'd take it up with the neighbors. I had the water company come out and fix it while my dad and the realtor guy supervised. Welcome to the neighborhood you idiots.

2nd scenario

I came home from in service training one day to see an f250 parked in my grass. It'd just rained so it rutted it it out. Well it was a contract crew working for the power company and I pulled up the road where they were working and asked why they were parked in my yard and who was going to pay for the damage? The guy said eminent domain blah blah. I said are you the foreman? He said no and went and got the foreman who immediately came at me with an attitude and said he can park on my property if he wants and that he can tear my yard up and doesn't have to fix it due to eminent domain and there wasn't a damn thing I could do about it. I said you will find out I can do something about it. So I called the electric company and asked to speak with the head honcho and he said eminent domain bs again. I said have your supervisor call me. He said he would and I thought yeah right. So the guy called me 3 days later and I said look I don't want to go to court over this but I will if I have to. I said I just want my yard fixed to my satisfaction and said I feel I'm being reasonable. He said yes you are we will come fix your yard and I will see to it it doesn't happen again.



3rd scenario

I had just spent over 1,000 dollars having my gravel driveway fixed and making a parking area for my vehicles. I had a FedEx delivery driver who was a contract employee in a uhaul van pull into my parking area and get stuck. It left deep ruts in it. I asked who the head honcho of the hub was so I could get some compensation for it. He said he didn't know. Everything I asked him he was evasive. I had my step son pull him out with my blazer I used to have. He didn't even say he was sorry or anything.

To make a long story short I kept getting the run around at the hub so I went online and found the ceo of FedEx email address and emailed them the pics of the damage and we settled out of court and I fixed the drive way.
 
Last edited:
Your issue is with the new neighbor. Their issue is with the workers.
You're calmer and nicer than I would be. I would have already contacted the town's code enforcement, and filed a police report.

Actually the way I see it its with both parties. Your new neighbors should have shown the tree crew the lay of the land including property lines. To me if that was not done they are the main ones responsible for fixing things up.

If they did show the tree company whats what and they on their own volition decided to just rough over your property its on them. In your pictures I see houses, perhaps one of them saw something!

Bottom line you were wronged and a good chance both parties are not going to give a dam.

I know nothing about your states laws but perhaps a talk with your local lEO should be taken fast! Contacting your local tax office should get you the info on your new neighbors!
 
I'd certainly make sure the new neighbors were aware of the problem but I wouldn't hold my breath expecting it to be fixed. In the long run even though you are in the right it will probably cost you more in time and money trying to get compensation than it's worth. You'll soon find out what kind of people your new neighbors are. I hope they step up.
 
I would have lost my mind . I have a circle driveway with a straight double wide driveway right next to it . We never use the circle . Every delivery driver wants to use it but nobody can seem to keep their tires on the concrete , so I end up with ruts in the grass . I bought two big flower pots that I use to block the circle but some idiots still pull into it and then try to back out . More ruts ...
 
1. Contact your insurance company. See what they say. Often times they will take care of these things.

2. Contact you labor office and building codes people. The contractor should be listed as DBA in your town. Even if you do not know who the contractor is.

3. Go to the neighbor. Tell him/her who you are and that you have contacted both the city and and your insurance company. Tell them you need the name of the company/person who did the work so you can make sure the mess is cleaned up.

This could be a big mess, let us know how it goes. It could very well be a fly by night outfit and is not insured or bonded. It is my understanding that the next in line would be the neighbor's home owners insurance and then yours.

Final piece of advice, document everything. You have good pictures, start a log of who you called/contacted and when, what was said, etc. It could get long and drawn out and difficult to remember everything. Phone numbers, names, addresses, etc will be vital.
 
Last edited:
You might as well get off right with your new neighbors now, it will never be easier. You have pictures, send them to the attorney of your choice and sue for damages. Attorneys work on a percentage with these kind of cases so it won't cost you anything. Good luck. It is up to the new neighbors to control what people working for them do!
 
I think that you are getting some good advice, but I'd alter it a little.

First, call the police and report it as a case of vandalism, and have the authorities document it. Then, notify your insurance company to have them address the property damage issue, let them earn their premium. Next, notify your HOA, since what was done in your absence was bound to have violated some degree of HOA rules. Remember, a berm was built by the contractor to avoid structural damage. Yes, this approach may ruffle your new neighbor's feathers, but it sounds like they showed their true colors by not already showing some consideration.
 
I would think the company that cut the logs and limbs would have liability insurance...The company is responsible for it's workers.

Whether the company then gives the workers further training or fires them, AFTER settling up with you, will be up to the company.

I would bet the company has been to this rodeo before.

THEN, if no satisfaction, you would probably have to go the legal route...

Yep, introduce yourself to your new neighbor, it wasn't his fault, it was the company that cut the tree limbs and logs.

With your photos, it looks like you have a "good path" (pun) to reach a satisfactory conclusion.

WuzzFuzz

I am afraid that this is a "non-company" couple of guys with no license, bonding, or insurance. I just got off the phone with my Allstate agent. He said to introduce myself to the new neighbor and ask them to look at the damage and see what happens. He hopes they will step up. He also said it is not a homeowners insurance situation, theirs or mine. He said it would be the worker's insurance problem, if they are insured and refuse to do anything to fix my yard.

Well, I am heading over there now! Will update you folks later.
Larry
 

Latest posts

Back
Top