Neighbor Woes on a Private Road: Part 2

[Dumpstick]

It's looking like it would have been cheaper and easier for you to just purchase and install a tinhorn at his driveway entrance and be done with it.

Just figure you will also be maintaining the ditches in front of his place. Forever.

 

[Snattlerake]

It's looking like it would have been cheaper and easier for you to just purchase and install a tinhorn at his driveway entrance and be done with it.

Just figure you will also be maintaining the ditches in front of his place. Forever.

He offered to do just that but the guy said no.

 

[Tanis143]

Pretty much what I've found out. You will never get an order to compel someone to pay another member of that road to pay a share unless it's written into the easement and then the amount of maintenance will require approval of all on the easement.
For example, one person may think the easement should be mowed like a golf course and the gravel maintained where it's like a glass highway. One of the other members thinks the natural look with 8' tall johnson grass is perfectly ok with them. You can't force the person that likes the natural look to pay for the desires of the golf course look member.
Just like in life, there is going to be one go-getter that strives to make things good and others that will ride the shirt tail to get the benefits yet not be responsible for the maintenance while reaping the rewards.
I've came to that conclusion many years ago and slept better accepting it.

This is true, but in this case we are talking about functionality vs aesthetics. When one's actions on their private property affect the usability of a shared resource for others, then that person's actions can be ruled detrimental and they can be forced to do repairs that will restore that function. Granted, its not a slam dunk, but its pretty obvious this guys actions are causing damage to the road, and those damages are paid by the others who use that road to access their property.

 

[jakeman]

I think you should just kill the guy and be done with it.



j/k

 

[CHenry]

1) Dynamite the fricking ditch row back in.
2) Hire a dozer and cut the ditch back in
Keep doing it as long as it takes.

 

[Oklahomabassin]

Getter a bigger dozer than he has.

 

[zghorner]

Sheesh . . . he actually called the cops?

Dang. What did he tell them to get them to give you a warning? Was he afraid that your FIL was going to whip his tail?

thats exactly it. FIL is a small man maybe 5'8" 160# but im telling you he is just one of those dudes that doesnt play around with that type of stuff and commands respect...super nice guy hard worker honest and extremely friendly to everyone he meets...but he had just reached his limit with the dude much like myself. FIL basically said "you cant destroy an entire road that we worked out butts off on not only is it illegal but its also plain stupid if you dont let us put in a tin horn under your drive then im coming back and hells coming with me. Just do the right thing and you'll never see me again". I stayed over there for a long while afterwards trying to work out a solution for both of us and he hee-hawed around so i left with saying "pick a driveway and let me know and ill put in a drainage pipe" he and his wife seemed ok with that then called the cops the following morning who then issued a warning to me and (without his being there) my FIL saying you cant jump fences and threaten to whoop a$$...and i get that, i wouldnt allow it to happen on my property either...but it also seems like another clue as to his real intentions...

Honestly the way he talked about his new driveway (the one pictured) it just doesnt add up. IMO he secretly wants to continue using the bottom driveway and filled in those ditches higher up the hill to cause the water to run on and across the road higher up preventing it from reaching his bottom drive even though it will destroy the road in the process. HE said things like "my wife doesnt like the new driveway and likes the bottom better" when wife came out she denied saying that. he also said "the bull dozer driver didnt do what i wanted him to he cleared out way to much space along that road he just went rogue and did whatever he wanted" and later i thought...so this guy is out there sweating his butt off on a dozer doing all this extra work you didnt tell him to do just for the heck of of? come on man.

At this point i have several cases against him with the action center and will continue calling every alphabet agency in okc until somebody with appointed authority can force him to repair the ditches and install his own culverts.

 

[zghorner]

You say it's in OKC limits? I'd call and see if he drew a permit to build a new driveway. Then ask if the inspector has signed off on it since he's blocking existing ditches. I'm not a lawyer, but my neighbor put in a driveway and they wouldn't approve it until he put a tinhorn in.

this is exactly what i am hoping will happen.

 

[zghorner]

I just want to know how he rides a Harley thru that mess.


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who knows man...what kind of priorities does a guy have to go buy a new harley before giving he and his family a decent driveway to access their house? its unbelievable to me.

 

[zghorner]

1) Dynamite the fricking ditch row back in.
2) Hire a dozer and cut the ditch back in
Keep doing it as long as it takes.

honestly the back and forth stuff has to end because its going to end up with me in jail i already know it. At this point i have to do everything i can to get the city involved because the alternative is jail time and fines.