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Nebighor troubles, need help.

Discussion in 'Residential Snow Removal' started by Johnny Bravo, Dec 27, 2008.

  1. Johnny Bravo

    Johnny Bravo Member
    from WI
    Messages: 38

    Live on a private sand road, has lots of problems with drainage so it has to be plowed in a specific way. The guy that plows for the town is an idiot and cant plow for spit. I got my own plow so it can be done right. The town guy still plows the neighbors and leaves a bank at the mouth of there drive that spills over and pinches the way to us off and he pushes snow on top of what I already plowed. I always have to go back and clean up after he plows and some spill gets in the mouth of the neighbors drive. I missed out on 4 snow falls so the first time I plowed they got buried, went to finish up my place before I cleaned them out and I got a unpleasant phone call from them so I had a few words with him and told him I'd take care of it this time, but I wont plow for free after this. Well they haven't gotten plowed in the last 2 snowings, was about 8" and we were having trouble getting through so I go to knock it down a bit, hit the wrong button and send snow in there drive. Lowered the plow to the height of the snow that was in the drive and scoped it out best I could without going on there property, said they don't pay me to plow and they don't want me to plow, also I would be trespassing at that point. Well there is no reasoning with them and they just cant understand it, not even that I already plowed it out. Well they seem to think I'm doing it on purpose and came over yelling they cant get into there drive, gave me a shove and he was totally ready to fight, the wife was holding him back. told them I would plow what went in there out and I would make a contract but they said no, but they expect me to plow it all the time. Plow them out anyways, but they still get stuck cause there's 8" and they haven't been plowed in 2 storms. They aren't the most balanced people, one min. hes trying to start a fist fight, then next they tell me to come over for some beer and pot, buddy buddy crap.
    Well we are land locked and that road is out legal drive (we have an easement), there legal drive should be on the other road but they use ours because it's already there. Well I don't see any way of working with these people and there's always going to be some spillover in by them, so I'm at a lost on what to do with this.
    Wondering how you would handle this if it were you ?

    Thanks for any help or thoughts to this.
     
    Last edited: Dec 27, 2008
  2. Johnny Bravo

    Johnny Bravo Member
    from WI
    Messages: 38

    Heres a photo of what it looked like the first time I scoped it out and the bit that was left from trying to get the bulk of it out.

    PC245252.jpg
     
  3. Joe D

    Joe D Senior Member
    Messages: 605

    Why not just back in their driveway and push the mesh out to the road then clean it up?
     
  4. salopez

    salopez Senior Member
    Messages: 873

    I have the same problem.

    just keep it clean and go about your day. try to plow to the left the whole time to minimize what is left on their drive then clean up.

    think about it...they call the cops for treaspassing, they show up and see that you helped get them out in bad weather... the cops will not do anything so long as you are keeping everything clean. so don't pile snow in the way which could impede an emergancy vehicle!

    good luck! might as well get some free beer out of the deal!
     
  5. mycirus

    mycirus Senior Member
    from Mass
    Messages: 589

    I dont see the problem. I would just plow normally and let them deal with it. I know on my street when the plows come by it ends up on my driveway, and my neighbors and so on. Its what happens. Its up to them to worry about it themselves. My town plows dont clear driveway after each pass or at all for that matter.
     
  6. REAPER

    REAPER 2000 Club Member
    from 60050
    Messages: 2,228

    I would charge him with assault the second he gave me a "shove".

    Then I would start plowing the windrow to the right to show em what it could be like.
     
  7. cretebaby

    cretebaby PlowSite Veteran
    Messages: 4,162

    Why do you let them use your easement?
     
  8. ColliganLands

    ColliganLands PlowSite.com Addict
    Messages: 1,854

    if its legally your street then its too bad for him if the approach to "his" driveway gets filled in
    that being said you could plow everything to the left and avoid getting huge windrows in his driveway.
    or you could take the whole street and pile it in his driveway (just kidding)
     
  9. Mick

    Mick PlowSite.com Veteran
    from Maine
    Messages: 5,546

    Something is wrong here (actually several somethings). Each landowner and separate property should have an easement to a common driveway/private road (also utility companies should have easements). The town is piling snow, blocking entrance to a private road? You're piling snow, blocking another person's driveway? People aren't getting plowed for several snowfalls? Do you live here? Why don't you plow each snowfall on your own portion? Driveways can easily be back-dragged to take care of windrows that would be left. Why do they expect you to plow their driveway for free? Is it actually your property that you rent to them?

    Just too much confusion in your post.
     
  10. richard.bessey

    richard.bessey Junior Member
    Messages: 3

    Get a camera

    Security camera's, suddenly make people behave. Keep your cool, be a nice guy, and keep the camera's running 24/7 on your property, the road, and even in your truck if you can.
     
  11. Johnny Bravo

    Johnny Bravo Member
    from WI
    Messages: 38

    Things are pretty screwy around here, and easements are over looked and even built on with full knowledge. I would plow it for them but as they told me they don't want me to plow it, I wont. I had a nice talk with someone else on my block last summer at one of his properties and then a week later a cop shows up to give me a trespassing ticket. Without a contract or anything I wont go on any ones property and risk getting cited for trespassing and property damage should anything happen or I dig into the ground, cops also agreed on that I could get cited for plowing them. I was thinking about the assault thing, but with how strange there acting I don't want to push anything. With how the drainage is the snow has to go on the right, when I get by them I angle the blade the other way so they don't get much in by them, but they still complain about it. I have been thinking about plowing the whole easement and showing them what a real windrow looks like and just tell them I'm not there plow guy not my problem.
    Here's a picture of the lay out of the drive, the blue is our easement which is about a quarter mile long, the red is there legal access, but they never put a drive in there, they just use ours because it was already there.

    Thanks for all the replies.

    untitled1.jpg
     
  12. ColliganLands

    ColliganLands PlowSite.com Addict
    Messages: 1,854

    ok so if you own the road 1 why is the municipality plowing it and 2 if you have to plow it to the right for drainage then its really not your problem if it goes in their "driveway" what do they think happens on every other street. i know when we go by we make no effort to avoid filling driveways thats just what happens it goes in the opening not your problem unless you were also his plow guy.
    tell him nicely that its not your problem and its naturally occuring my guess is the cops will side with you if it goes that far.
    good luck
     
  13. Johnny Bravo

    Johnny Bravo Member
    from WI
    Messages: 38

    We own the 2 lots at the very end of the road and live on the one, they own the lot before us. There legal access is off of the public road on the other side of their house. 95% of the snow I plow stays on our land and I am not leaving any big piles blocking the other drives. They pay the town to plow then, who has a 4" or 6" trigger so it can be a few snow falls before they even come out to plow and when they do they pile the snow at the corner of there drive and it spills over and starts to narrow off the drive to us.
     
  14. cj5

    cj5 Junior Member
    Messages: 29

    Its not clear - do they have permission for you easement? Your easement is a driveway, not
    a county road..
     
  15. Johnny Bravo

    Johnny Bravo Member
    from WI
    Messages: 38

    We do not own the road, just have an easement, but it gives us the legal right to cross everyones property to get to our place. The township here plows driveways for $40 a year so thats why there plowing it. I tired to explain that the snow that spills in there drive is because the guy that plows for them makes a big bank at the front of there drive that spills over and blocks us off, but they wont hear it.
     
  16. ColliganLands

    ColliganLands PlowSite.com Addict
    Messages: 1,854

    well then just keep doing what your doing and if the neighbors plow guy is blocking your easement then you can probably involve the police if thats the route you have to take
     
  17. Johnny Bravo

    Johnny Bravo Member
    from WI
    Messages: 38

    Yes it is a driveway and is not a town road. It is a private road and the township will not maintain it unless you pay for it. We are land locked and are the only ones to have an easement, and they dont have permission to use it as an easement. there drive should be on the township road thats on the other side of their house, but they put their drive off of our easement. I informed them of that but they couldn't care less.
     
  18. Mick

    Mick PlowSite.com Veteran
    from Maine
    Messages: 5,546

    Ok. I'd say you should check your state laws and/or consult a lawyer. Way too complicated for a forum like this.
     
  19. Kenyou

    Kenyou Senior Member
    Messages: 375

    Just for the heck of it, I would have the police come out and see what the county plow does and then show them what you do to clear your right of way. Then when this guy goes nuts and calls them for a complaint, they will know all of the story. He may go nuts with you but I don't think he will do that with the cops, or then they will know he is a fruit cake. Good Luck!
     
  20. jkiser96

    jkiser96 Senior Member
    Messages: 401

    If that is your easement I would start putting railroad timbers along the edge of YOUR drive for landscaping purposes. If they get mouthy then I would have them wrote up for trespassing on your property. I have a similiar situation with our neighbors that just moved in a few years ago, we extended the culvert & filled the ditch in & then they started driving out that way after they cut the fence. My son was playing one day by the barn & this a$% hole comes flying out & almost hit my son so I dug the culvert out without him knowing and that night he tore the front suspension out of his truck & tried sueing me but the judge said no go he did not have a permit to use it as a drive & 100% his fault. Stand your ground but also watch your back.