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mailboxes Placed ON my land NOT the easement by numerous neighbors and usps rural carrier driver told them where to put

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peoplearestrange

Active Member
I had to pay to get a survey done to prove their encroachment, which I did they folks sitll REFUSE to take the boxes off my land, theyre trespassing encroached over 15ft into my land , not even close to the easement! Since the usps is responsible for giving misinformation to these folks, I think usps responsible. usps says I CANT remove boxes, is a felony, usps CANT remove boxes, said ONLY theindivuduals who recieve mail in them CAN. and those people REFUSED stating usps govt told them put boxes there!. All I know is my land is for sale and i have lost 3 potential buyers, when they found out the encroachment. I am disabled PTSD, brain stem compression and survey certiied letters have already cost me over 2 months of my disability checks. PLease someone with legal information tell me what to do TODAY to get these boxes OFF my land ASAP, as I need to sell my land in order to have finances./money to survive. already tried 3 Postmaster, 2 stattions usps Managers, and Consumer Affairs. all leads round and round back to local usps that CANT seem to figure this out . I want reimbursement for cost incurred so far for usps employee mistake . If i have to sue to get boxes off my land I need costs, legal fees and can I do any pain/sufferng, for loss of being able to sell my land? and exacerbating my health issues. Ive done all I can do to ask nicley that they remove the boxes, and no one is cooperative, They all think they can do whtever they want. and I as the legal land owner have NO rights or say in this matter. Doesnt anyone use commone sense and call the owner for permission or check county public parcel/easments before placing a mailbox or property on someone elses land anymore????
 


FlyingRon

Senior Member
You have to sue the people whose boxes are there. You can't sue the USPS for practical matters (and they aren't responsible for the boxes anyhow).
 

Zigner

Senior Member, Non-Attorney
Have you offered to reimburse those nice folks for the costs of moving the boxes?
 

peoplearestrange

Active Member
Even when the folks say the Usps employee is the one who instructed them the location to put up their boxes. they people said they never would haveput them in that spot had the usps not told them to put there
 

peoplearestrange

Active Member
the peoples respons to NOT moving the boxes is they said they DONT want to d rive 20 minutes into town now to pick up their mail! so there basically lazy and I guess wont remove untill I sue them for all costs, incurred and my legal fees and my losss of being able to sell my land because they encroach a good chunk of my land.
 

peoplearestrange

Active Member
Iguess I should also file a police report for trespassing? even tho the folks says theyre not because usps told them to place box there, very complicated for a stupid mail issue,
 

FlyingRon

Senior Member
You'll get nowhere annoying the police with trespass complaints when people aren't trespassing. You'd need to post or otherwise warn first.

I'm having a hard time envisioning things. Mailboxes typically are required by the USPS to be placed within 8" of the curb which is usually in the road right of way. What state is this?
 

Zigner

Senior Member, Non-Attorney
the peoples respons to NOT moving the boxes is they said they DONT want to d rive 20 minutes into town now to pick up their mail! so there basically lazy and I guess wont remove untill I sue them for all costs, incurred and my legal fees and my losss of being able to sell my land because they encroach a good chunk of my land.
Why can't the boxes just be moved 15 feet to the edge of your property?
 

Taxing Matters

Overtaxed Member
You have to sue the people whose boxes are there. You can't sue the USPS for practical matters (and they aren't responsible for the boxes anyhow).
The federal government may not be sued for negligent transmission of the mail. So if the post office loses your mail, mangles it, misdelivers it, etc., you cannot sue for that. Your only recourse for that is to make a claim on any insurance you bought when sent the mail (generally applicable to packages). It may be sued for other acts negligence under the Federal Tort Claims Act, however. So, for example, if a postal worker driving a postal truck on duty is negligent and hits another car and injures the people in that car, those people may sue the federal government for the damages they suffer. But there are some other problems that may make the lawsuit in this instance difficult to win.

The neighbors who placed the mailboxes would be the much better focus of legal action here since they are the ones who actually placed the boxes and are the ones who can move them.
 

peoplearestrange

Active Member
I did ask them to call the post officr and see if they could just move over the 15 or 20 feet to the easments, follks REFUSED to contact the posts office to find where new place is to put the box
 

peoplearestrange

Active Member
I think one said he called the post office and asked if he could put on the easment and the post office told him NO but never told him any new place. but told him hed have to drive in to the post office in town to get hismail
 

FlyingRon

Senior Member
I didn't say he the USPS can't be sued for any reason. I was talking about being sued because they allegedly told someone where to put a mailbox.
Further, even under the FTCA, a lawsuit isn't the first step. You have to give the agency involved a chance to resolve the issue internally first.

Anyhow, I'm still getting back to the real issue? Are these boxes really improperly placed? If this is a public road with a right of way, mailboxes at the curb are probably permitted without an express easement.
 

peoplearestrange

Active Member
what can I say a lot of ignorant folks in az doing whatever they want nowadays over mail, who reallly wants to get sued over mail? but I have to get these boxes off in order to sell my parcel
 

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