# Someone used my driveway without permission



## Brock (Dec 16, 2007)

reveivl said:


> I just thought that comment was pretty ignorant, but I can't imagine you care.


I do care, because I love you, and the free health care your country gives you.:wheelchair:


----------



## john elliott (Oct 23, 2005)

There's no doubt that the guy's actions caused some damage to your property. That means he has an obligation to make some restitution. The only question is how much. I would suggest you ask him to make an offer. If he does so, and the offer, whilst not amounting to a new driveway (which would be 'betterment') is reasonable then accept and move on.

If he fails to make a reasonable offer then goes ahead and sue the S.O.B. Who cares what the neighbours think. This guy's actions have cost you money and it needs to be repaid. That's what you would do if it had been you that caused the damage

John


----------



## Sportbilly (Oct 4, 2006)

Brock said:


> I do care, because I love you, and the free health care your country gives you.:wheelchair:


Bugger me, here we go again lol




john elliott said:


> There's no doubt that the guy's actions caused some damage to your property. That means he has an obligation to make some restitution. The only question is how much. I would suggest you ask him to make an offer. If he does so, and the offer, whilst not amounting to a new driveway (which would be 'betterment') is reasonable then accept and move on.
> John


Exactly, I don't want a new driveway, just a serviceable one like I had before. Wanted to know whether I'm justified in asking him to pony up some to help fix the durn thing

And to whoever said that the improvement will help my property value, you haven't seen the rest of their property. I think that if he backed his truck INTO and THROUGH their house it might improve it a little. He's coming out to take some pictures tomorrow, and I'll have a word with the neighbors, seemed when I asked them about the feeder (which was attached to window trim, he must have been damn close) they didn't much care.

Don't mind about having to build a new feeder, I enjoy making those, but cedar ain't cheap


----------



## Sir Mixalot (Jan 6, 2008)

Brock said:


> 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?


Classic! BaH Ha Ha Ha.........................:laughing:


----------



## MALCO.New.York (Feb 27, 2008)

The asking for driveway repairs is, at best, an opportunistic load of ca-ca.
You have been paid for your aviary damages. The driveway was screwed to begin with. Had it been solid, it would not have gotten worse. Had you been diligent in its upkeep............


----------



## chris klee (Feb 5, 2008)

MALCO.New.York said:


> The asking for driveway repairs is, at best, an opportunistic load of ca-ca.
> You have been paid for your aviary damages. The driveway was screwed to begin with. Had it been solid, it would not have gotten worse. Had you been diligent in its upkeep............


the fact it he drove on the drive way with out consent. the driveway was damaged when he left.
cut and dry.

we did a job in the city. we parked on both sides of the street (one way) and toward the end of the project the guy across the street comes out and tells us we broke his sidewalk. there was grass growing out of the crack and the edges were all rounded over, so it had been broke for a while.
I could have told him to take a hike, but i tore it out and replaced that section. it was easier to just spend a hundred bux and make a happy neighbor. plus if he did file against us we would have lost.
hopefully this guy sees things the same way and makes it right for ya.


----------



## Mike Finley (Apr 28, 2004)

Brock said:


> 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?


There are definitely people who want to be part of the party and keeping up with the Jones is alive and well in America.:thumbsup:


----------



## reveivl (May 29, 2005)

Brock said:


> I do care, because I love you, and the free health care your country gives you.:wheelchair:


That makes my day.:thumbsup::laughing:


----------



## concretemasonry (Dec 1, 2006)

That driveway was near the end of its serviceable life since it was older and cracked before it was "illegally" drive on. I could have cracked two weeks later from another car. Driveways crack in their life due to the poor soil and suport under them or continual flexing from the weather.

There was obviously some damage but it will not be able to put it back in the condition it was shortly before the damage (if you even wanted it that poor).

You did not say how old it was, but you probably got good service out of it considering the base and soil under it.

You should be compensated for the erosion and grading deterioration caused. If you want to be compensated for the cracked concrete by repairing, you should be willing to refund a portion if you get any additional cracks in the rest of the driveway in the next year ot so, since that shows the driveway was marginal.

If you can get correction and compensation for the erosion, ruts and drainage, take it.


----------



## nap (Jan 27, 2008)

MALCO.New.York said:


> The asking for driveway repairs is, at best, an opportunistic load of ca-ca.
> You have been paid for your aviary damages. The driveway was screwed to begin with. Had it been solid, it would not have gotten worse. Had you been diligent in its upkeep............


that is a bunch of ca-ca. Regardless of the driveway was perfect or not, the contractor caused additional problems that were not there and may have never been if he did not drive on the driveway.

Contractor is responsible.

Contractor not repsonsible for an enrichment, just return to original position of no wacs outs and whatever it takes to repair drive to similar condition.


----------



## Mike Finley (Apr 28, 2004)

Anybody stupid enough to back a 12,000 lb truck down somebodies drive way without a signed release from them kind of might deserve to learn a lesson. While this driveway might have been previously in rough shape, how many good driveways has a moron like this damaged and gotten away with it?

I don't think I'd shed a tear for him if he ended up having to replace this driveway. Sure he might be getting the raw end of the deal if his excuse was the drive way was already old and damaged and the owner of it just said - prove it. Sometimes the only lessons the stupid ever learn are the ones they end up having to pay for.


----------



## Patrick (Apr 12, 2006)

Mike Finley said:


> Anybody stupid enough to back a 12,000 lb truck down somebodies drive way without a signed release from them kind of might deserve to learn a lesson. While this driveway might have been previously in rough shape, how many good driveways has a moron like this damaged and gotten away with it?


EXACTLY, My lumber yard will NOT even drive a forklift onto a driveway unless they have a individual signed waiver for each and every house they deliver to. If I forget to sign off in advance, I better have someone there to sign, or we ain't getting our lumber


----------



## A W Smith (Oct 14, 2007)

Contact your homeowners insurance company. Explain everything you explained here. They will contact the contractor for his insurance info. And take it from there. Your neighbor may never even know there was a claim. The two insurance companies may determine the percent of damages taking into consideration the existing condition of your drive I'm assuming. 

case closed.


----------



## MALCO.New.York (Feb 27, 2008)

Sportbilly said:


> 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


 A preexisting condition is a preexisting condition regardless. If your house is burning and someone throws gas upon it, are you going to hold that person responsible for burning down you house?


----------



## Patrick (Apr 12, 2006)

MALCO.New.York said:


> A preexisting condition is a preexisting condition regardless. If your house is burning and someone throws gas upon it, are you going to hold that person responsible for burning down you house?


No, but if half your house burned and was being re-built, would you not punish someone that set the other half on fire?


----------



## john elliott (Oct 23, 2005)

MALCO.New.York said:


> A preexisting condition is a preexisting condition regardless. If your house is burning and someone throws gas upon it, are you going to hold that person responsible for burning down you house?


There was a pre-exisiting condition, and the condition was made worse by the careless action of a contractor working for a neighbour. He should not get away scot free, he did wrong and should pay for it.

Your analogy doesn't fit

John


----------



## Sportbilly (Oct 4, 2006)

The majority of this could have been avoided if he'd contacted me prior, the driveway could have be inspected prior to the operation and immediately after, no uncertainties, not doubt as to what happened. Part ofthat would have been contingency planning "What if my driveway cracks?"

As it is, nobody can say for sure if the crack appeared just before he drove on it or after, NOBODY CHECKED.

Update: He just came over to look at it, seems amenable to helping out with a repair of the portion that's subsiding. We'll see how the follow up is, still cold here, may have to wait a while. 

I've temp repaired to keep the water from getting under and doing any further damage, although we still have a large chunk of concrete that's slumped a few inches.

Thanks a bunch for your help guys, will let you know when I have any update


----------



## TigerFan (Apr 11, 2006)

Sportbilly said:


> I guess it's my turn to ask a question, it's for MY home unfortunately.
> 
> *The setup:*
> 
> ...


I would pursue a claim against the contractor without hesitation. For the whole thing? No - that would be unreasonable, but reasonable would be for him to pay a part of the repairs.

The reason I would be adamant about this is that he used your driveway to do his work. Essentially you should have been paid as part of this contract with the homeowner for access to your property in order to work on the neighbors tree.

The guy took callous advantage of the situation - he knew where he was going to do the work when he quoted it and did not estimate his true costs properly, which should have included at least an "its ok to use my driveway" from you.


----------



## woodchuck2 (Feb 27, 2008)

He was wrong in what he did but he obviously is willing to make it right. Will he pay for a new driveway when yours was already damaged? Probably not but he may give you a few bucks for some repair. One thing you must ask, did the neibor give him permission to access your property without telling you? Is this guy doing this job for the neibor as a "favor"? If so then you may want to approach your neibor for reimbursment. Was the tree a threat to your home/property, if so then your neibor may have done you a favor by getting rid of the threat. Just a couple things to check into.


----------



## MALCO.New.York (Feb 27, 2008)

O.K. O.K. O.K...........

I can see, warrant, agree with, justify a partial compensation. Just not an entire driveway!

I stand "corrected"!

MARK


----------



## TimNJ (Sep 7, 2005)

A W Smith said:


> Contact your homeowners insurance company. Explain everything you explained here. They will contact the contractor for his insurance info. And take it from there. Your neighbor may never even know there was a claim. The two insurance companies may determine the percent of damages taking into consideration the existing condition of your drive I'm assuming.
> 
> case closed.



You beat me to it.
This is the only way to properly handle this. 
The guy was wrong for what he did. Sure the driveway wasn't new but it also wasn't broken to the point of it now being undermined and caving in after every rain. Your front yard didn't have big tire ruts in it that once you fill them back in and plant new grass seed will grow a different color than the rest of your yard because it isn't the same seed your original yard was planted in.
I guess if you drive a used car and somebody hits you, they can just say your car was a piece of crap anyway so who cares.
Brock, how about I start spray painting the exterior of your neighbors house and let the overspray go all over your car or one wall of your house. Hey, if you don't like it you can PAY ME me to paint your house to. You are off your rocker.


----------

