Someone Used My Driveway Without Permission

Sportbilly

I guess it's my turn to ask a question, it's for MY home unfortunately.

The setup:

The neighbors had a tree removed, from their section, next to my driveway

My driveway is admittedly old and cracked (cracks yes, but no major water intrusion, any cracks were filled with weed roots and assored detritus) with no obvious signs of movement or undermining


What happened:

12/17/07

The contractor (friend of the neighbor's family ) backed his truck into my driveway, without my permission, in fact I wasn't even informed that he was going to be doing this, I wasn't home when he did it. He knocked down a birdfeeder, which I contacted him about the next day. This was the only obvious sign of damage, due to recent and continuing snowfall. He paid me for materials for the feeder, since I make them myself.

Now we have meltage, more problems are evident.

Problem 1: I guess he's not good at backing his 12,000lb rig, because his first attempt crossed a chunk of my front lawn, leaving ruts 2-3 inches deep. He says they'll "swell" back up when we get rain. I think this is BS, otherwise people wouldn't make money aerating lawns. Not only that, but he drove it over my sidewalk too, on his way to my lawn, unsure if sidewalks are designed for this.

Problem 2: Driveway now has a new crack, into which water IS disappearing, even worse, it appears that this has eroded out under the corner that is newly cracked, and now I'm showing major subsurface erosion. A portion of the corner by the drain has subsided, and water is now audibly pouring thru the new gap to god-knows-where

We live on a hill in an area where we have very silty soils, erosion is a problem, basically any water that disappears into the ground is doing some kind of damage. There could have been hidden undermining of the cement prior to his backing his truck onto it, but even if so, neither our cars or my truck have put any new cracks in it since we've been here (14 months so far)

Would he be liable for repair if there was undermining that wasn't causing an issue? As a contractor using my driveway withour permission or notice, what's his position? What would be my burden of proof?

I'd ask how much ball-park we're looking at for repair, but I know better

Any clues anyone? Should I take this to the DIY Forum, or can you help me here?

TIA, Dunk

C.C.R.

If your driveway was already cracked and beat up I think you should ask yourself,"Do I want to spend years feuding with my neighbors?" Because the contractor was a friend or family member. Even if he is liable in their eyes you're going to look like an A-hole. Now don't get me wrong he shouldn't be in your driveway w/o your permission in the first place. But he probably wasn't planning on forgetting how to drive either. So do you be the "bigger man" and play nice with the neighbor's friends or do you try to get a free driveway? Tough call..

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Sportbilly

These are good points, and due some consideration. I just want the part that's eroding fixed, and to be honest, I'm afraid of the bill. Thinking I'll have to get some cement guys to come out and tell me what it's going to take.

He's not on particularly good terms with the neighbors either, seems he didn't get it dont until about 6 months after they asked him to do it, and he didn't tell them he was coming either, but granted, friendships do prevail usually.

C.C.R.

If your driveway was already cracked and beat up I think you should ask yourself,"Do I want to spend years feuding with my neighbors?" Because the contractor was a friend or family member. Even if he is liable in their eyes you're going to look like an A-hole. Now don't get me wrong he shouldn't be in your driveway w/o your permission in the first place. But he probably wasn't planning on forgetting how to drive either. So do you be the "bigger man" and play nice with the neighbor's friends or do you try to get a free driveway? Tough call..

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al10fred1081

Does he do concrete work? if not tell him you'll give him $400 to remove the old concret and clear it up for the crete man, then pay for the concrete and hire a finisher for $400... new driveway for $1200...well in a perfect world anyways..

Alex

al10fred1081

Or just take it to the peoples court...file suit against the contractor for the damage he incurred sue the neighbor for letting him do it and sue the guys that did the concret work back in the 70's for their inferior product!

Then move out.

Alex

C.C.R.

WHOA, DEJAVUE

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Sportbilly

Really not what I'm after lol Just that this idiot has made this work needed now, when it would have been several years in the future, and this soil being the way it it, it's now urgent.

Think I'm just going to have to suck it up, thanks for the perspective guys.

nap

Sorry but I am more for the "pay me for the damages" kind of guy.

If you have that much water disappearing, could there be a storm drain or even a sewer line broken due to this?

and no, the ruts will not "swell back up". They will have to be filled and seeded or sodded to make them as they were (presuming you have grass).

Sportbilly

Yep, we have grass.

No pipe breakage, just around here, if you give water an entry it takes any substrate with it, I've seen erosion 8-10 feet deep under roads due to the silty soils

Tiger

Might be a good reason to build a fence.

Dave

cleveman

Get yourself a gate and if you have to replace your seament, replace it with concrete.

Magnettica

There is no excuse for any contractor to use your property for his advantage without getting your permission first. This way he screws anything up you've already ironed ourt how he's gonna fix things and make them right.

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Brock

Unfortunately with city lots so close together many times contractors have little or no choice in using the neighbors property to travel through. It's just the way it goes. We are forced to do it all the time. Most tire ruts will swell and repair themselves but you could always shovel the high spots into the ruts if you want to speed it up. Aeriator is to allow the soil to get more water/nutrients not rut repair. As far as the drive goes it sounds like it was already cracked and had weeds growing in it already from your description. I think he went over and above already paying for the bird feeder. Besides he is improving the home values on your block by performing the remodel. When that home sells for a higher price it helps drive your home's value as well as the rest of the block. You owe him more of a thank you than a lawsuit.

Magnettica

What!?

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reveivl

Over and above? You've got to be kidding me. A guy drives onto your property w/o permission, destroys some of your possessions , and he's going 'over and above' by reimbursing you for the materials it took to build it? What planet are you on?

To the OP, tough situation, are you on speaking terms with the neighbour? You might want to bring this up with them in a friendly, but firm, manner, stating your concerns and see where that goes first. If it gets as far as lawyers it's a lose/lose for everyone except the lawyers.

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kapena

Deja vue is a sure sign that someone is messing with the Matrix.

I'd get my a$$ out of there as quickly as possible Neo!

And stay out of the utility chase walls! They will find you guys there.

And watch out for that guy who told you he wished he had taken the non-reality pill (which I have already taken , as you can see).
That guy is a back-stabbing sneaky weasel like Sportbilly's neighbor and his friend, who think they can get away without paying up for their messing up Sportbilly's driveway, without even asking permission. Cheap buggahs!

Brock

[quote=reveivl;390493]Over and above? You've got to be kidding me. A guy drives onto your property w/o permission, destroys some of your possessions , and he's going 'over and above' by reimbursing you for the materials it took to build it? What planet are you on?

Oh yeah. 23 years of creating havoc in the neighborhoods. Forget the yard signs. We make the neighbors stand up and notice when we are on the block. Just last week we knocked out the phone lines on the block. Dig safe was off on the markings. Oops! Guess what. Come on just one guess as to what happened. Wrong! The neighbor alerted me that his phone was out and I told him that I had just made a temp. repair and the phone co. is on the way out. His response was....Do you guys finish basements? Yes sir that's our specialty. Gave him a quote then and there. Guess what happened when the repair guy rolled up. Yip he wants a bid for a new 30 x 40 building on his property.(phone repair= good gig)

It took me years of trying to be considerate and trying to be the little mouse that doesn't interfere with anyone or anyones neighbors before I learned that little secret.... that most folks are just wandering through their boring, mundane lives with no idea of what to do next until Big Brock and his team of saviors roll down their street for a little neighborhood revitalization. It's the best advertising in the world. They think, "Oh my god we can have this circus at our house!" Why do you think people come out to their porch when the fire trucks are rolling. When you roll up on a job you want to inconvienience everyone. They are practically begging for it. You should have to knock on at least 4 doors. "We are here, we are doing this, you might hear this, don't be afraid to call my number, here it is on my card, I love your house by the way,I would love to live in this neighborhood, let me or someone on my team know if we are in your way, we will be having heavy equip in the neighborhood,etc.etc.etc. H/D sells the police caution tape cheap. Flag everything. Use the traffic cones. Did I mention we have fun at work?

reveivl

Well, I'm sure it's exciting having the 15 minute master roofer around, but if you drive onto my property without permission and break stuff don't expect to get my or any of my neighbours work.

I have no reason to believe you do poor work (how would I know?), I just thought that comment was pretty ignorant, but I can't imagine you care.

"Do you guys finish basements? Yes sir that's our specialty."

I bet that took you a whole half hour to learn.

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Brock

Poor work-not good....good work-good