Snow shoveling

[FarmerJ]

As long as you have not changed the way your lot it set up as far as drainage issues or landscaping and or any other thing that can be altered by you that would force water to go to her property, her property is lower than yours , snow melts or water from extremely heavy rain falls are going to go to a place lower than yours anyway and your not responsible for where the water goes.

 

[justalayman]

As long as you have not changed the way your lot it set up as far as drainage issues or landscaping and or any other thing that can be altered by you that would force water to go to her property, her property is lower than yours , snow melts or water from extremely heavy rain falls are going to go to a place lower than yours anyway and your not responsible for where the water goes.

While that is a general rule, the unnatural piles of snow may allow for a claim the op has caused the additional water flow and as such, is liable for water damage resulting from the melting snow. While they may try arguing the neighbor put the snow there and as such is responsible for their own damage, since the op has allowed the snow to remain on their property, the snow becomes theirs.

 

[LdiJ]

While that is a general rule, the unnatural piles of snow may allow for a claim the op has caused the additional water flow and as such, is liable for water damage resulting from the melting snow. While they may try arguing the neighbor put the snow there and as such is responsible for their own damage, since the op has allowed the snow to remain on their property, the snow becomes theirs.

I am sorry but I think that argument is way way out there.

 

[not2cleverRed]

Correct, it was a statement I do not nor wish any conflict on any person for any reason. I was basically stating she cannot get upset with us if something like a flooded basement was to happen. She knows there is a hill (clearly visible) and all the water will run towards her home.

Our sump pump used to be I'm our backyard, and during heavy rain the sump pump would work overtime and water would run onto her driveway. She politely asked if we could look into different ways to reroute the water. So we hired someone to reroute the sump pump to the other side of our home.

My point is we have asked her to relay the message not to put the snow in our yard. Number one my dog, number two she is going to have the same issue when all this snow melts that she complained about before. Almost seems like an oxymoron..

I appreciate your feedback, thank you

So you know, if it affects her, she will complain.

You have asked her nicely, verbally.

The time has come to make your request in writing, in the form of a demand letter, and send it to her certified mail. You do not necessarily need a lawyer for this. State the problem - the illegal deposit of snow on your property, including the # of the municipal code being violated. State that you want her to desist this activity and assist in removing the snow piled in your yard. State that if it happens again, you will be making a formal complaint to the municipality.

How to find the municipal code you are going to cite: it depends. Many municipalities have their code online, including the index. For example, for my town, I looked in the index and found the relevant code for my area after locating "Snow and Ice Removal", subcategory "Snow and ice removal for residential premises; sidewalk maintenance." The actual code is nearby under the heading "Depositing of snow prohibited"...

 

[justalayman]

I am sorry but I think that argument is way way out there.

Really? Why is that? If I create or allow a condition to exist that is not natural, I am generally liable for damages incurred by another party. Do you deny that?

Let me give you another scenario


The trees in my yard shed their leaves. God blows them into the neighboring yard. What actions does the neighbor have available to them?

Then, Neighbor takes them and puts them back into my yard.

What actions do I have available?

 

[not2cleverRed]

Really? Why is that? If I create or allow a condition to exist that is not natural, I am generally liable for damages incurred by another party. Do you deny that?

Let me give you another scenario


The trees in my yard shed their leaves. God blows them into the neighboring yard. What actions does the neighbor have available to them?

Then, Neighbor takes them and puts them back into my yard.

What actions do I have available?

OP would be especially wise to consider that possibility that the nice elderly widow could share your view, given her previous request regarding the sump pump.

 

[LdiJ]

Really? Why is that? If I create or allow a condition to exist that is not natural, I am generally liable for damages incurred by another party. Do you deny that?

Let me give you another scenario


The trees in my yard shed their leaves. God blows them into the neighboring yard. What actions does the neighbor have available to them?

Then, Neighbor takes them and puts them back into my yard.

What actions do I have available?

The nice widow directly caused the problem in the first place (or at least her agent did). Its a massive stretch to try to claim that the OP has to mitigate the damages caused by the widow's (via her agent's) negligence.

OP, get yourself a consult with a real estate attorney in your area.

 

[justalayman]

OP would be especially wise to consider that possibility that the nice elderly widow could share your view, given her previous request regarding the sump pump.

Agreed

If nothing else, action by the op now, whether legally obligated to or not, may prevent an unwelcome interaction later. As is always said: anybody can sue. While they may not win, they can still file suit and obligate the opposing party to take action to defend themselves. I think it’s better to take action to prevent a suit, warranted or not, if possible

 

[justalayman]

The nice widow directly caused the problem in the first place (or at least her agent did). Its a massive stretch to try to claim that the OP has to mitigate the damages caused by the widow's (via her agent's) negligence.

OP, get yourself a consult with a real estate attorney in your area.

The op has accepted possession of the snow by, well, just leaving it there and not really contesting it. That makes it his snow now


Using your argument, if somebody was injured on the op’s property due to the snow the neighbor would somehow be liable. Obviously that isn’t true yet your argument would allow for that.

 

[FarmerJ]

The next few days we will see what happens as it is supposed to get warmer , we will see if its warm enough to start some melting.