Town is putting huge pile of snow in my yard. What are my rights?
January 31, 2011 5:11 PM Subscribe
The town is dumping snow in my yard. What are my rights as a homeowner?
I own a home in the northeast. My house abuts a decomissioned military base. To the side of our property there is a paved path that goes from the street into the military base. The town currently maintains this path as school children use it to get to the nearby school.
The town and town workers dont respect our property. They have cut a decades old grape vine that was on our property. Recently, a front end loader damaged a chainlink fence.
Finally, I noticed a 10 foot pile of snow placed on our property. Since our yard and basement flood, I asked the town to not put snow on our property. They said they will continue to do so.
What are my rights? There is no easement on that side of the house.
I own a home in the northeast. My house abuts a decomissioned military base. To the side of our property there is a paved path that goes from the street into the military base. The town currently maintains this path as school children use it to get to the nearby school.
The town and town workers dont respect our property. They have cut a decades old grape vine that was on our property. Recently, a front end loader damaged a chainlink fence.
Finally, I noticed a 10 foot pile of snow placed on our property. Since our yard and basement flood, I asked the town to not put snow on our property. They said they will continue to do so.
What are my rights? There is no easement on that side of the house.
I'd call a local lawyer and ask for a consult; they may be able to simply write a cease and desist letter and shoot it over to your selectmen or city council. The consult will usually be free.
While tempting, I'd strongly advise against a shotgun full of rock salt - causes talk.
posted by jenkinsEar at 5:26 PM on January 31, 2011
While tempting, I'd strongly advise against a shotgun full of rock salt - causes talk.
posted by jenkinsEar at 5:26 PM on January 31, 2011
Wow I would bring it up to the town. Get a lawyer. Sue them to remove it they cant just go dumping stuff like that.
Go to your local newspaper . Go to your local news channel. Watch how fast it gets removed.
posted by majortom1981 at 5:49 PM on January 31, 2011
Go to your local newspaper . Go to your local news channel. Watch how fast it gets removed.
posted by majortom1981 at 5:49 PM on January 31, 2011
Lawyer up.
Or, if insurance claims have been / will be involved due to flooding, make sure to tell your insurer where to point their lawyers.
posted by astrochimp at 6:01 PM on January 31, 2011
Or, if insurance claims have been / will be involved due to flooding, make sure to tell your insurer where to point their lawyers.
posted by astrochimp at 6:01 PM on January 31, 2011
Agree with picky - it is definitely time to meet your alderman/council member. They can definitely help.
posted by MisterMo at 6:43 PM on January 31, 2011 [1 favorite]
posted by MisterMo at 6:43 PM on January 31, 2011 [1 favorite]
Finally, I noticed a 10 foot pile of snow placed on our property. Since our yard and basement flood, I asked the town to not put snow on our property. They said they will continue to do so.
Who is "they"? Get their name and then talk to their supervisor. Work your way up the chain of authority in the town and record names and what they say. Take pictures of the damage and the dumped snow. Hopefully you will find someone who will stop this: the town doesn't have a right to trespass on your property much less dump 'snow' and likely gravel and salt on your land.
Also, this is exactly the thing that local news loves.
posted by ennui.bz at 9:25 PM on January 31, 2011
Who is "they"? Get their name and then talk to their supervisor. Work your way up the chain of authority in the town and record names and what they say. Take pictures of the damage and the dumped snow. Hopefully you will find someone who will stop this: the town doesn't have a right to trespass on your property much less dump 'snow' and likely gravel and salt on your land.
Also, this is exactly the thing that local news loves.
posted by ennui.bz at 9:25 PM on January 31, 2011
I would definitely try to solve this via the town public works director (or equivalent) first. It sounds like you've only talked to street-level workers. Call up the director and ask for a meeting to discuss property damage and snow removal issues. Don't be angry at this point, just concerned. Take photographs of anything you want to show (vine, fence, snow pile) and print them at the drugstore in 8x10 color. Explain that this is a problem and ask him how he proposes to solve it. It's not your fault that there's a public path behind your property line, and it isn't yours either that they have difficulty finding a place for the snow. You're a citizen, you pay your taxes, etc., but this is going too far and is potentially a legal liability for the town.
I really think in most situations this should be a sufficient measure for you to get action.
If it doesn't, then you move up the chain of command. There may be a town manager, or the department heads may report to the town board or council. Bring your problem there, beginning with a quiet meeting presenting similar information as above with your own representative or any at-large member. They can probably tell you whether you need to take the next step to public presentation of the problem at a town council meeting.
I wouldn't lawyer up over a fence -- often you can just put in a claim form or something and they'll agree to cut you a check from the town insurance, though some places even this is a Kafkaesque experience. Even flooding, if it happens every year, would be difficult to pin on the town.
Psst, talk to a professional about your flooding problems. Sounds like your yard needs regrading.
posted by dhartung at 10:29 PM on January 31, 2011 [3 favorites]
I really think in most situations this should be a sufficient measure for you to get action.
If it doesn't, then you move up the chain of command. There may be a town manager, or the department heads may report to the town board or council. Bring your problem there, beginning with a quiet meeting presenting similar information as above with your own representative or any at-large member. They can probably tell you whether you need to take the next step to public presentation of the problem at a town council meeting.
I wouldn't lawyer up over a fence -- often you can just put in a claim form or something and they'll agree to cut you a check from the town insurance, though some places even this is a Kafkaesque experience. Even flooding, if it happens every year, would be difficult to pin on the town.
Psst, talk to a professional about your flooding problems. Sounds like your yard needs regrading.
posted by dhartung at 10:29 PM on January 31, 2011 [3 favorites]
I agree with dhartung, but I'd also add that you should be sure where your property line is before you engage in this. It's possible that the public path occupies a right of way that is wider than you're aware of, which would limit your options here. Even if it turns out the snow is on public property, you can still work to get it removed, you just won't have all the avenues of recourse that you might have if its on your property.
posted by OmieWise at 5:08 AM on February 1, 2011
posted by OmieWise at 5:08 AM on February 1, 2011
Seconding OmieWise, never get into discussion about property lines without a fresh survey in your hands. They're not cheap but they have the power to end arguments with neighbors and public works departments. Besides, if you get to the lawyer stage you'll have to have one anyway.
posted by tommasz at 5:33 AM on February 1, 2011
posted by tommasz at 5:33 AM on February 1, 2011
The town and town workers dont respect our property. They have cut a decades old grape vine that was on our property. Recently, a front end loader damaged a chainlink fence.
This makes it sound like an ongoing fight, which unfortunately tends to get you labeled as a troublemaker and will just get you ignored. So I would leave this stuff out when you bring it up.
posted by smackfu at 5:43 AM on February 1, 2011
This makes it sound like an ongoing fight, which unfortunately tends to get you labeled as a troublemaker and will just get you ignored. So I would leave this stuff out when you bring it up.
posted by smackfu at 5:43 AM on February 1, 2011
You need a survey done before you make any accusations. At the very least take a good look at any legal documents you may have which spell out where your property line actually is. I get these assumptions all of the time from property owners that think their property includes areas where it definitely does not.
Once you get a survey then you can make claims with proper documentation.
posted by JJ86 at 7:25 AM on February 1, 2011
Once you get a survey then you can make claims with proper documentation.
posted by JJ86 at 7:25 AM on February 1, 2011
This is what your town councilman is for.
Also, the Director of Public Works, Hizzonor the Mayor, and a local news crew. But start with your local guy.
posted by wenestvedt at 2:20 PM on February 1, 2011
Also, the Director of Public Works, Hizzonor the Mayor, and a local news crew. But start with your local guy.
posted by wenestvedt at 2:20 PM on February 1, 2011
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posted by pickypicky at 5:24 PM on January 31, 2011 [6 favorites]