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Could I Be Liable For Damaging Neighbor's Car? UPDATE 5-23-02: Battle Escalates!

O

Ornery

Lifer
The end of my neighbor's drive has huge mud puddles in it. She or her guests have been driving around the puddles onto my grass. I placed a 300lb rock in that path, on my grass. If she drives onto that rock, could I be held responsible for the damage?

Edit Update added 57 posts down...
 
It strikes me as infathomably unlikely that you could be held responsbile for putting a rock on your property. That said, there are all sorts of crazy things in the legal world 🙂
 
You probably could be held liable.
Of course in order to, I think she'd have to have proof that you put the rock there intentionally to damage her car. Additionally, she'd also have to convince the judge that dodging pudles is a good reason to be driivng on your neighbor's lawn....
So no.
 
You could escape liability only if the rock was clearly visible.
If you concealed the rock in anyway or if your neighbors could made the claim that it was difficult to see, then you could be held liable.
 
I just put it there about an hour ago. After I did, I thought about what the possible consequences could be. The reason I used a mega rock is so that it couldn't be easily moved. It's actually a driveway we share. It's on an easement that we have both "acquired" half of. The drive is down the center, but mostly on her side. If she wanted to get stinky, she could tell me to stay off her drive, but I believe it's one of her guests doing the deed. I do use the snowblower on her drive and cut the grass and pick up leaves there, so I doubt she'll go that route.

I'm not fussy about landscaping at all, but this is beyond what I'll stomach. Rather than confront her about the piddly "problem", I just took care of it in my own way. Now watch some dork become impaled on the damn thing and come after me! :Q

It's pretty visible!
 
Plant some flowers around it or paint a smiley face on it, and be done with it. They driving in your yard is hurting your property, if it is visible,which i can't think of a 300lb rock not being, then they can't say much. Destroying your yard becuase they are to lazy to fix theirs, thats just bullsh!t.
 
Make the rock look pretty🙂 Also, I'm thinking we're going to need pics to be able to fully comprehend your situation😉
 
I would say no. In the event that anything interesting happens which involves the rock, please take pics and share with us 🙂
 
"...are you sure that rock weighs 300lbs?"

It's 100' away from where I took the shot, which is ten feet this side of the van in the foreground. Ask my back if it weighs that much. My back says, "You better f'n believe it!" 🙁

I'm not going to talk to her any more than I have to. We're still on shaky ground after the dog biting incident.
 
Ornery, you don't strike me as the shy, retiring type. It's always better to give any of your neighbors the courtesy of a heads up in situations like these, it gives them one less reason to freak out and escalate stupidly after the fact. Go talk to her, man, you're in the right anyway. Grow some and go! 😉
 
If they steal your rock so that they can continue to ride up your lawn, can they be held responsible? 😀
 
If they are causing you property damage, then I can see your point, but if not, that is just childish to do for no reason other than you don't want them on your dirt. Forgive me if you actually have a better reason than not wanting them on your dirt driveway, but if that's it and they actually own most of it, you really are being a jerk.
 
you have to stop them from using your lawn as an extension of the road, after 7 years (I know extreme but still) if they are still doing it, the property effectively is no longer yours to controll, and is the public domain. If they try to sue you because they drove their car onto your PRIVATE property and ran into that rock, they are idiots, personally I would put much worse things than a rock out, but of course you have kids to worry about gettin hurt near it.
 
OK Jean, I'll stencil that on there 🙂

This girl has lived there a few years and still doesn't own a lawn mower! I'm the one that maintains the easement including snow shoveling, grass cutting and leaf removal. I'd have my son help her with the grass in her own yard for a small fee if there wasn't so damn much dog crap to navigate through!

Now the grass they're driving through is turning into a muddy, rutted mess. Like I said, I ain't that fussy, but I've got enough to do without having to fix that too! Now they can either fix the drive by filling it with gravel or soil their tires by driving through the mud. I know damn sure nobody from there is going to help me repair the lawn! :frown:
 
I havent got the first guess about US law, but what you have done seems fair and you have a good argument for your case.

Sounds fine to me to be perfectly frank 🙂
 
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