Re: #$@&+*&%$ New Concrete Driveway

[Gene O. Carpent]

Re: #$@&+*&%$ New Concrete Driveway

What is the name of your state?;confused: What is the name of your state?undefinedWhat is the name of your state?undefinedWhat is the name of your state?
What is the name of your state?New Joisey .Central by Sea Bright.. All this preceeding has me doubly confused.....


Is there some sort of written copy of "Common Law's"? whatever they are? My neighbor decided to remove a 4" cap block wall and install a cement driveway extension. Her lot size is 30ftX100ft, she has approx. 3 ft on the left side of her house to her other neighbors cobblestone curb along his driveway , and approx. 6ft on the right side. This wall was hers and set 1 in off the line... there was gravel over dirt between house and wall. Her cement apron came from the curb up 20 ft to the house where the gravel continued alongside the house to the back of the foundation..
This could be a very long drawn out posting but I'm going to spare you of that, other than to say that "they" agreed to back fill and re-seed..when they finished
They were told by my prior to pouring to "make sure it's graded at least 1in toward her and to the street. I allowed them to work from my property because I was a working man at one time and I know how difficult some jobs can be, so I thought I was being the "nice guy"! Well after the job is completed I find it is in fact graded to me ! 1 1/2in in 6ft, just enough to give me 90% of whatever misses her gutters or falls directly on her side yard..I have asked and demanded that he rip it up and regrade it toward her...I even went to see the Building Inspector and the Zoning Officer and they said that he, the mason, can't build it so it drains her water on my property.
I awoke the next morning to see two guys throwing fill dirt in along the driveway grading the top down on my side so I in effect have a "valley" running one to two ft from her drive to the street. I blew up and went out yelling @#$% &^%$ *&^%$#@ stop dont go any further.. He then took his saw and sawed the expansion joints so they drain....From my side of the line...And they left...I called the bldng. Insp. and proceeded to get the run around! I then realized that the mason is their buddy... They said that he told them that I threw him off the property. He out and out lied, how did he saw the joints if I threw him off?
So I'm screwed!! I think it's a form of "nepotism" in reverse, or something like that!... I am retired on disability, fixed income and can not afford to go to a lawyer,yet, I called the attorney that drew up my will but he didn't want to get involved,,not enough money to be made ...
He,the mason, was talking to a friend of mine about it and told him that "by law he can't grade it toward her house, he has to grade it away"... He won't answer the phone now cause he knows that I am p---ed off.
A guy came today to powerwash her fence and I stopped him, told him I'm not yelling at you but you can't spray anything that's going to come over here....When he left I saw a green stain in my dirt(they killed the grass) about 2ft in diameter,the moss from her fence is now mine..
I have pictures off the whole mess and I would like to have some sort of printed text on "common law", to give to her, saying that he/she can't drain their run off onto my property..
I realize that this is longer than I anticipated but it is the 3 rd time I have written it and believe me it is much shorter than the other 3 times....
I thank any answers you can give, serious,funny or even sarcastic....I need a good laugh after this experience....Hope all masons arent like this %$+*&^%$#@ jerk.
GeneO

 

[HomeGuru]

What is the name of your state?;confused: What is the name of your state?undefinedWhat is the name of your state?undefinedWhat is the name of your state?
What is the name of your state?New Joisey .Central by Sea Bright.. All this preceeding has me doubly confused.....


Is there some sort of written copy of "Common Law's"? whatever they are? My neighbor decided to remove a 4" cap block wall and install a cement driveway extension. Her lot size is 30ftX100ft, she has approx. 3 ft on the left side of her house to her other neighbors cobblestone curb along his driveway , and approx. 6ft on the right side. This wall was hers and set 1 in off the line... there was gravel over dirt between house and wall. Her cement apron came from the curb up 20 ft to the house where the gravel continued alongside the house to the back of the foundation..
This could be a very long drawn out posting but I'm going to spare you of that, other than to say that "they" agreed to back fill and re-seed..when they finished
They were told by my prior to pouring to "make sure it's graded at least 1in toward her and to the street. I allowed them to work from my property because I was a working man at one time and I know how difficult some jobs can be, so I thought I was being the "nice guy"! Well after the job is completed I find it is in fact graded to me ! 1 1/2in in 6ft, just enough to give me 90% of whatever misses her gutters or falls directly on her side yard..I have asked and demanded that he rip it up and regrade it toward her...I even went to see the Building Inspector and the Zoning Officer and they said that he, the mason, can't build it so it drains her water on my property.
I awoke the next morning to see two guys throwing fill dirt in along the driveway grading the top down on my side so I in effect have a "valley" running one to two ft from her drive to the street. I blew up and went out yelling @#$% &^%$ *&^%$#@ stop dont go any further.. He then took his saw and sawed the expansion joints so they drain....From my side of the line...And they left...I called the bldng. Insp. and proceeded to get the run around! I then realized that the mason is their buddy... They said that he told them that I threw him off the property. He out and out lied, how did he saw the joints if I threw him off?
So I'm screwed!! I think it's a form of "nepotism" in reverse, or something like that!... I am retired on disability, fixed income and can not afford to go to a lawyer,yet, I called the attorney that drew up my will but he didn't want to get involved,,not enough money to be made ...
He,the mason, was talking to a friend of mine about it and told him that "by law he can't grade it toward her house, he has to grade it away"... He won't answer the phone now cause he knows that I am p---ed off.
A guy came today to powerwash her fence and I stopped him, told him I'm not yelling at you but you can't spray anything that's going to come over here....When he left I saw a green stain in my dirt(they killed the grass) about 2ft in diameter,the moss from her fence is now mine..
I have pictures off the whole mess and I would like to have some sort of printed text on "common law", to give to her, saying that he/she can't drain their run off onto my property..
I realize that this is longer than I anticipated but it is the 3 rd time I have written it and believe me it is much shorter than the other 3 times....
I thank any answers you can give, serious,funny or even sarcastic....I need a good laugh after this experience....Hope all masons arent like this %$+*&^%$#@ jerk.
GeneO

**A: thanks for your story.

 

[Gene O. Carpent]

Re; Thanks for your story

New Jersey
You are quite welcome !! If I had know that you would be this appreciative I would have left it full length!! I can just about imagine your response then !!
GeneO

 

[HomeGuru]

Request a copy of the building code and the grading part is there.

 

[Gene O. Carpent]

Re: Request a copy of the building code

I already inquired about that and the Bldg Insp said that driveways are not included in the building codes !! Said there are no codes governing driveways ! Which I think is a bunch of BS but I can't find a copy, that's why I turned to the web and found your site, I was hoping to get some real insight into the question.
GeneO

 

[HomeGuru]

I already inquired about that and the Bldg Insp said that driveways are not included in the building codes !!

**A: that is a bunch of BS.
*********
Said there are no codes governing driveways ! Which I think is a bunch of BS but I can't find a copy, that's why I turned to the web and found your site, I was hoping to get some real insight into the question.
GeneO

**A: this is a legal advice website and not a building code website.

 

[man-o-man]

I already inquired about that and the Bldg Insp said that driveways are not included in the building codes !! Said there are no codes governing driveways ! Which I think is a bunch of BS but I can't find a copy, that's why I turned to the web and found your site, I was hoping to get some real insight into the question.
GeneO

You are right, the B.I. was mistaken ...... your property cannot have run-off onto another persons property. It matters not whether the run-off is from a driveway, lawn, roof, gutterers & downspouts, french drains, pools, hot tubs, orchard, etc. etc. etc. ......

Yes, whe mason can't slope the driveway towards her house, BUT, he could have built a swale into the driveway, (walkway) so that it did take rain water away from her house but also diverting it from going onto your property, and out to the curb/gutter where it belongs. He aslo could have built a small wall at the edge of the driveway/walkway for the same purpose.

The only way you'd be able to have it be a matter to be for small claims court is by seeking damages as a result of the runoff or workmen. The judge may also be made aware that this is a continuous issue until the driveway slope is corrected, he could then order them to remove, regrade, or contain their run-off in some manner.

Keep track of all conmmunications, recount past ones as best as you can (noting that they are from your memory) you might record your conversations (not to use the tape) but merely as a tool to write down the exact verbal exchange that took place. You won't be able to use the tape in court most likely but you can use it as a tool for written records.

Take pictures of the spot they killed in your lawn, calmly ask the neighbor what she will do to fix this area of your lawn. Take pictures (with a level) of the driveway and walkway. When they are outside, show them what the run-off is going to do to your property, lawn, fenceposts, house, foundation, etc. etc.

If they seem at all concerned or empathetic you should ask them to consider building a very short retainer wall at the edge (like one brick high) to keep the water off your property. If they refuse, you could inform them that the only recourse they are leaving you with is for you to build one and then seek compensation in small claims court for the expense they forced you to endure to protect your property from the situation they caused with this new driveway. Then ask them to reconsider. Good luck !!!!

 

[Gene O. Carpent]

Thanks mam o man

You are right, the B.I. was mistaken ...... your property cannot have run-off onto another persons property. It matters not whether the run-off is from a driveway, lawn, roof, gutterers & downspouts, french drains, pools, hot tubs, orchard, etc. etc. etc. ......

Thank you man o man this is what i was hoping for!! Going to print this out and mail each a copy..This whole situation could have been avoided if she had only knocked on the door and said "Hey old man I wan to put in a driveway, do you mind?" Thanks again.
GeneO

 

[HomeGuru]

You are right, the B.I. was mistaken ...... your property cannot have run-off onto another persons property. It matters not whether the run-off is from a driveway, lawn, roof, gutterers & downspouts, french drains, pools, hot tubs, orchard, etc. etc. etc. ......

Thank you man o man this is what i was hoping for!! Going to print this out and mail each a copy..This whole situation could have been avoided if she had only knocked on the door and said "Hey old man I wan to put in a driveway, do you mind?" Thanks again.
GeneO

**A: are you that old?

 

[Gene O. Carpent]

Re; 2nd Chapter & Are you that old

Well I'm an old man compared to her!! I'm 68 and the"Mr. Wilson" of the block, in reverse, I have lived in this house since 27 Dec 1960. Have let all the various owners, on each side, use my property to do whatever they had to do to their houses from my side of the line. The one that's giving me grief has had 4 different contractors come in to do work on her house and they all have used my prop as a work area, each time killing a little more grass, After they would finish up I would scratch in a little more grass seed, hoping that there won't be anymore improvements for her to decide to have done. It seems that every time I seed she will decide to do another job. That's what happened this time, she saw me spreading fertilizer, made a remark about me "getting my grass green" and pulled out of her drive, in the process running her right front tire across where I had just fertilized..two weeks later this fiasco happened ..She has a 10'X12' front lawn that they didn't disturb a single blade of grass during this whole operation,done totally from my prop. Her landscaper used to come in thru her drive, up into my yard,, back about 45' and up over the little wall that used to be there, then back out the same way he came in..Didn't want to ask her to move the car . I caught him once after I had just re-seeded and the young blades were about 1 1/2" high, he came down off the wall and I was standing there with my hand up, when I said "I just seeded that" he looked sorta DUH, I told him to move the car from now on.
When she 1st moved in she complained that my Maple tree was hanging over her house and asked if she could have it trimmed. I said you can do what ever you want "over" your prop ! The next day I heard a saw going and looked over, here's a guy IN my tree sawing anything that extended her way..He butchered the tree! If he had hurt himself on my prop doing work for her I would have been the one getting the notice of suit..
The people on the other side have about 2 1/2 ft from their foundation to my 6"X6"X65' Landscaping tie wall that I installed before I had my drive paved, it directs my run off to the street....She has flowers all along her house and I even moved my motor home 2 1/2 ft away from the 6x6's so she could kneel down to tend her plants... They had the courtesy to ask... I guess the other "babe" figured that I didn't bitch about the guy IN my tree I wouldn't mind the next onslaught of hob nail boots!!!
GeneO

 

[man-o-man]

Sounds like all your neibors are talking with each other and discussing how easily they have taken advantage of your kindness or good natured attitude. If I were in your shoes, I'd have done at least one thing (like to the butcher in your tree) to start a different sort of gossip, like, "Did you hear? He actually filed charges against that guy I hired, for trespassing. Now that guy I hired is sueing me, because I told him it was OK for him to go on my neighbors property!!!"

You have to stand up for your self; once you allow someone to take advantage of you, they'll get in line to "do it to you" too. Sad but true.