Mailbox Vandalism

[ejmoment]

What is the name of your state (only U.S. law)? Minnesota

My mailbox is (was) on a post in my neighbors yard across the street from my property. The neighbors mailbox is (was) on the same post.

Someone ran over it last night!

Since it is on the neighbors property, should I leave it to him to fix/replace it and just offer him some cash?

How might my homeowners insurance play into this considering it was not on my property (prolly not enough expense to warrant a claim, but curious how that would all work out?)

 

[justalayman]

the neighbor has no duty to repair your mailbox. Whether he will repair your mailbox, either for free or for a fee, is up to him.


Homeowners insurance; Do you have a gold mailbox with diamond trim?

 

[Gail in Georgia]

Do you really believe that your neighbor is going to fix your mailbox? Do you think he cares if you get your mail or not?

You can buy a black mailbox at Lowes for under $15. No reason to file an insurance claim on this minute amount.

Gail

 

[dlw99]

I think he's saying that his box sat on a horizontal post across the street with his neighbor, and possibly multiple neighbors, as is the case in rural neighborhoods. He is operating under the assumption that the neighbor could fix the structure, which is probably wooden posts, and he would pitch in some cash to help with the expense.

He never said he expected neighbor to pay for replacement.

Forget the insurance company. Have everybody chip in and buy some bricks and a 30lb bag of cement. Get together with your neighbors and buld a solid brick structure to hold your mailboxes.

 

[justalayman]

=dlw99;2605681]I think he's saying that his box sat on a horizontal post across the street with his neighbor, and possibly multiple neighbors, as is the case in rural neighborhoods. He is operating under the assumption that the neighbor could fix the structure, which is probably wooden posts, and he would pitch in some cash to help with the expense.

He never said he expected neighbor to pay for replacement.

this doesn't change anything I posted. The neighbor might rebuild such a structure, if he wants. He doesn't have to allow the OP to place his box on the structure.

so, they neighbor can do what he wants. If it helps the OP, either for a fee or not, is totally up to the neighbor.

If OP wants to ensure the neighbor will repair such a structure and allow OP to place their box on the structure, I suggest he go and talk to the neighbor. He might find if he is not proactive here, neighbor will simply say no and there is nothing OP can do to change it.

 

[Zigner]

He doesn't have to allow the OP to place his box on the structure.

This may not be true...I think the USPS might have something to say about it

 

[justalayman]

This may not be true...I think the USPS might have something to say about it

They cannot mandate a private individual provide a mount for another persons mailbox. The US Constitution pretty much took care of that.

It would be either slave labor or unlawful taking of a citizens property. Neither is acceptable.

 

[Zigner]

They cannot mandate a private individual provide a mount for another persons mailbox. The US Constitution pretty much took care of that.

It would be either slave labor or unlawful taking of a citizens property. Neither is acceptable.

You're right - in a way. I construed your post to say that the neighbor could refuse the mailbox placement on his property at all. You, of course, did not say THAT.

ETA: Upon further reflection, it is entirely possible that the USPS won't approve of the structure if it doesn't comply with their requirements. And you can guess what one of those requirements might be

 

[dlw99]

Poster - Handle this in a neighborly fashion. Call the postmaster if ya'll decide to get creative with your repairs.

 

[drewguy]

They cannot mandate a private individual provide a mount for another persons mailbox. The US Constitution pretty much took care of that.

It would be either slave labor or unlawful taking of a citizens property. Neither is acceptable.

No, but they could refuse to deliver mail.

Anyway, there are two separate issues. The first is who should pay: You should offer to split the cost of repair. That will avoid even confronting the second issue, which is whether you have a right to put your mailbox on the post.

FWIW, it is very possible that the mailbox is in the road right of way so not on your neighbor's property.

 

[justalayman]

=drewguy;2605812]No, but they could refuse to deliver mail.

be realistic. If the neighbor installs his own mailbox and it fits the requirements of the USPS, they are not going to refuse delivery. So, if the guy sticks a post in the ground and sticks his box on it, they will deliver the mail regardless what OP says about it. If the OP goes and sticks his box on the neighbors post, neighbor will have the right to remove the box without fear of retribution from the PO.

 

[You Are Guilty]

be realistic. If the neighbor installs his own mailbox and it fits the requirements of the USPS, they are not going to refuse delivery. So, if the guy sticks a post in the ground and sticks his box on it, they will deliver the mail regardless what OP says about it.

Tell that to this guy: https://forum.freeadvice.com/other-government-administrative-law-matters-103/usps-home-delivery-required-522969.html

 

[justalayman]

they already have mail service at this location

 

[Zigner]

I'm not stating they WOULD refuse service...just that they are allowed to.

 

[justalayman]

I'm not stating they WOULD refuse service...just that they are allowed to.

I know.

bottom line: OP needs to meet his neighbor and talk to him about the situation. It's amazing that such a simple solution would elude the OP. Instead, he looks to legal avenues as to who is required to perform the work.

Sometimes I really miss the old days where, rather than what happened here, you would go across the street and say "hey, I see our mailboxes got run over. Since I'm not real good with tools, what would it take to have you put my mailbox back the way it was. How about some grilled chicken and a beer at my place?"