question regarding common area

Discussion in 'General Industry Discussions' started by duelling carl, Jul 25, 2012.

  1. duelling carl

    duelling carl LawnSite Member
    Posts: 43

    I live in the first house of the development. Our side is against a main road and there is no wrap around sidewalk, it stops at the corner. Our backyard buts up against our neighbors yards. Every week now some a hole drives his mowers around to do a property. They usually drive on the shoulder and hop the curb at the yard they are going to cut which I have no problem with. Lately they have been only driving to the corner and then over my property instead. I have had words with them numerous times only for them to tell me it's a common area and they can do whatever they want on it and will even mow it if they want to. Then they usually F me out and drive away (on my grass). I was told it is a utility common area and private contractors have no right to set foot on or drive equipment over but they don't seem to want to understand. I guess some of the employees are afraid to ride their mowers in a busy street. Anyone have an issue like this? Anything I can do to get them to stop running all up and down my property? Are they allowed to just drive all over the place? Whenever I have to use a back gate I always ride in the street and hop the curb. I feel it's just being an ass to just drive on other people's grass common area or not.
     
  2. Ridin' Green

    Ridin' Green LawnSite Fanatic
    Male, from Michigan
    Posts: 13,282

    I understand your predicament, and can sympathize with you. However, it's most likely not a common area, but rather a utility/road easement right of way. Anyone can drive, park, etc there if they want to because you don't actually own all the way out to the road on that side.

    To be sure, calll yoour local prosecutors office and tell them where you live and what these guys are doing. They'll be able to advise you as to whether or not you have any rights or actions you can take, or if these guys are acting within the local laws. Handling this the legal, right way is always best in situations like this.
     
  3. Digdug

    Digdug LawnSite Member
    Posts: 125

    Usually a easement for utilities that is given to the utility companies from a homeowner or subdivision project is just for the utility companies to service and maintain there lines. Not for every tom dick and harry to use for there benefit. Search your deed and subdivision plans and see just who owns the property and who is the one that gave the easement to the utility companies.
     
  4. ed2hess

    ed2hess LawnSite Fanatic
    Posts: 13,075

    Ever wonder why people put up fences? So what damage is done? You need to take this up with the developer who would still be in charge.
     
  5. CL&T

    CL&T LawnSite Senior Member
    Posts: 493

    If it bothers you that much (and I would be bothered too) I would spend a few dollars and ask an attorney to figure out what the situation is. Seeing as this is a development, things like whether the roads have been dedicated to the municipality and where your property begins is going to make things more complicated than normal- and every area is different. Also, if a HOA pays for the lawn maintenance or the individual owners do makes a difference also. So you will need to get out your deed and contracts.

    If it turns out to be in your favor the attorney should write the LCO a letter telling them to cease and desist or you will take legal action against them for damages.

    My feeling is that if someone can't drive a car or park on that area they can't drive their machines over it either.
     

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