Are vehicular barriers in my yard legal?

[Corey8084]

I guess I need to do more research on right of way because that part lost me, honestly. Thank you for your input. Should I not get a desirable response from the city engineering people, I'll look at pursuing this option.

 

[HRZ]

I got practical assistance by going in and talking to City people politely ...in today's world there may be a great reluctance to give out written commentary that is of any use and if you push the wrong button you may be told to send it to the city Solicitor ..

 

[Corey8084]

I suppose you're right! I have no reason to be impolite with anyone so hopefully it won't be an issue.

 

[justalayman]

I suggest you not involve yourself with the bureaucracy.

Instead, a few strategically placed very large boulders (2 or 3 feet in diameter) to enhance your landscaping should do the trick.

or course if those boulders are in the right or way op is going to be writing checks for damaged vehicles.

 

[adjusterjack]

Adjusterjack, while I am not a fan of getting government involved, if it will save me headache and money later, I'll do what I have to. I cam here to ask about doing something like that because I've heard horror stories of people suing home owners because they hit the owner's mailbox and damaged their car. Stuff like that makes me hesitate to implement your suggestion.

It shouldn't. Your homeowners insurance would defend you on the remote chance that you got sued for some idiot driving onto your property and crashing into your decorative boulders.

I have 9 large boulders placed about 10' apart along the front of my yard and I don't worry about lawsuits for even a second.

And they work, too. About a year ago I was putting out my trash can between two of the boulders and notice that the bigger one had moved about a foot, there was a tire track on the concrete driveway entrance, a rut where the boulder moved, and pieces of car plastic lying on the ground. I only put the trash can out once a week so I hadn't been close enough to notice before that. I must not have been home when it happened. I can't imagine how it happened unless the driver was drunk and miscalculated the corner at high speed. My neighbor across the street includes the front of my house in his video surveillance camera but it starts a new recording every few days so the incident wasn't recorded. More's the pity. I would have put it on youtube.

Frankly, I think you will have more of a headache trying to get the government involved but you are welcome to try.

Zig, under what basis would someone sue a homeowner for having landscaping boulders on the homeowner's property? If someone drives their car in my yard and hits my tree I wouldn't expect to be sued -- am I missing something?

Just that anybody can sue anybody for anything. Your homeowner insurance would defend you and the idiot driver who drove on to your property and wrecked his vehicle would lose.

 

[adjusterjack]

or course if those boulders are in the right or way op is going to be writing checks for damaged vehicles.

Right of way, my foot. Driving up on the sidewalk on to somebody's yard isn't right of way by any stretch of the imagination.

 

[LdiJ]

So, when he's sued, and needs to defend himself whatever the outcome, that's better than having the municipality install protection for his yard that won't cause him to be sued?

He is not going to be sued for having boulders (or planters) on his own property. Its not like he is contemplating putting anything in the roadway itself.

 

[justalayman]

He is not going to be sued for having boulders (or planters) on his own property. Its not like he is contemplating putting anything in the roadway itself.

I’ve seen it happen before.

 

[LdiJ]

I’ve seen it happen before.

Have you seen someone WIN such a suit?

 

[justalayman]

Right of way, my foot. Driving up on the sidewalk on to somebody's yard isn't right of way by any stretch of the imagination.

I read nothing of a sidewalk. Did I miss something?

 

[justalayman]

Have you seen someone WIN such a suit?

Yes. It was determined the rocks were placed there with intent to damage the vehicles. That’s one reason it’s often suggested people make the installation less of a barrier and more of a landscaping design element.

 

[Zigner]

Zig, under what basis would someone sue a homeowner for having landscaping boulders on the homeowner's property? If someone drives their car in my yard and hits my tree I wouldn't expect to be sued -- am I missing something?

Placing items intended to intentionally cause damage...valid or not, we are a sue-happy society.

 

[LdiJ]

Placing items intended to intentionally cause damage...valid or not, we are a sue-happy society.

Many many many homes have landscaping on the corners of their lots, and many of those corners contain boulders or other heavy items as well as planters, trees, bushes etc. There is nothing remotely unusual about that kind of landscaping. Opting to not use that kind of landscaping because some idiot some day might leave the roadway and hit someone's landscaping is massive overkill on the caution side, in my humble opinion. That would be along the lines of someone running off the road and hitting someone's fence and trying to sue for damages.

Yes, some idiot somewhere might sue for that. However, its impossible to protect oneself from every possible thing that an idiot might sue for.

 

[HRZ]

Personally I would opt for a bulky decorative plant , hedge , or modest low fence if permitted. Or combinations of same ...lessens the room for others to claim you put up a barrier intended to harm others.

Your post is unclear but there might be some room to invite the entity responsible for the drainage line to take steps to inhibit its being crushed. ...but that may take "forever."

Frankly I think most drivers are going to give a hefty low hedge and a sturdy looking low fence a generous amount of " clearance " .

 

[Zigner]

Many many many homes have landscaping on the corners of their lots, and many of those corners contain boulders or other heavy items as well as planters, trees, bushes etc. There is nothing remotely unusual about that kind of landscaping. Opting to not use that kind of landscaping because some idiot some day might leave the roadway and hit someone's landscaping is massive overkill on the caution side, in my humble opinion. That would be along the lines of someone running off the road and hitting someone's fence and trying to sue for damages.

Yes, some idiot somewhere might sue for that. However, its impossible to protect oneself from every possible thing that an idiot might sue for.

I suppose it's up to the OP on whether to take the gamble, or simply have the local municipality deal with the problem.