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  1. #1

    Default Snow Dumping by Neighbor

    My question involves real estate located in the State of: New York

    Neighbor (contentious) with a half acre of land, 1 car and a 60 ft long 12 ft wide driveway, cleared his car, the first 10 ft of the driveway and the town snow plow wake onto my property at the road end, dumped nothing on his own property. He left the rest of his driveway covered in snow.

    Now I have to hoist the heavy plow-snow 20 feet over to the other side to dig out my own driveway (instead of being able to do half to the left, half to the right)--plus he piled it so high that it is dangerous to pull out as my driveway has a hill and I can't really see past the tall and wide mound as I back out.

    Are there any NY laws about dumping snow on neighboring properties? There's no reason it couldn't have been dumped on the driveway that he didn't bother clearing, or on the other side of his vehicle. I'd like to put a stop to it; knowing there was a law behind it would help in case he gives me a hard time.

  2. #2
    Join Date
    Mar 2013
    Posts
    18,340

    Default Re: Snow Dumping by Neighbor

    I seriously doubt that there is any statute that addresses how one clears his driveway of snow.

    This is either an intentional or negligent act for which you can sue under common law if you incurred any monetary damages.

  3. #3
    Join Date
    Nov 2013
    Posts
    7,056

    Default Re: Snow Dumping by Neighbor

    Quote Quoting SubjacentSupport
    View Post
    My question involves real estate located in the State of: New York

    Neighbor (contentious) with a half acre of land, 1 car and a 60 ft long 12 ft wide driveway, cleared his car, the first 10 ft of the driveway and the town snow plow wake onto my property at the road end, dumped nothing on his own property. He left the rest of his driveway covered in snow.

    Now I have to hoist the heavy plow-snow 20 feet over to the other side to dig out my own driveway (instead of being able to do half to the left, half to the right)--plus he piled it so high that it is dangerous to pull out as my driveway has a hill and I can't really see past the tall and wide mound as I back out.

    Are there any NY laws about dumping snow on neighboring properties? There's no reason it couldn't have been dumped on the driveway that he didn't bother clearing, or on the other side of his vehicle. I'd like to put a stop to it; knowing there was a law behind it would help in case he gives me a hard time.
    It wasn't your neighbor that created the problem for you. It was the town snow plow. You can't sue the town for plowing the streets as they see fit.

    If you live in snow country you come to expect that your driveway will be plowed in by the plowing of the street. You learn to live with it.

    There are statutes that require you to clear public sidewalks in a designated period of time and municipal ordinances that say you cannot throw snow onto the roadway while clearing your property of the snow. Other than that, your neighbor has no duty to you in the way he decides to clear or not clear his property. Had your neighbor blown the snow or shoveled the snow onto your property and it caused damage you might have a case against him.

  4. #4
    Join Date
    Oct 2006
    Posts
    16,474

    Default Re: Snow Dumping by Neighbor

    Quote Quoting budwad
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    It wasn't your neighbor that created the problem for you. It was the town snow plow. You can't sue the town for plowing the streets as they see fit.

    If you live in snow country you come to expect that your driveway will be plowed in by the plowing of the street. You learn to live with it.

    There are statutes that require you to clear public sidewalks in a designated period of time and municipal ordinances that say you cannot throw snow onto the roadway while clearing your property of the snow. Other than that, your neighbor has no duty to you in the way he decides to clear or not clear his property. Had your neighbor blown the snow or shoveled the snow onto your property and it caused damage you might have a case against him.
    Bud, I think that you want to go and re-read his original post. He is complaining about the neighbor dumping the snow from the neighbor's driveway and snow plow wake, onto the OP's property instead of the neighbor's property. He is not complaining about the snow plow wake.

  5. #5

    Default Re: Snow Dumping by Neighbor

    Thanks for the replies. It is the neighbor choosing to clear snow from the roadway, their driveway and their car into our yard near the end of the driveways. This makes it harder for us to clear our own driveway and the wake in front of it, and the way they piled it blocks our view of oncoming traffic as we back out of our driveway. So no 'no dumping' laws or anything?

    I did speak to them--hopefully we won't have the issue again, but they feel very entitled to using and damaging our property in general, even after we've asked them to stop. (It has taken police intervention to stop in the past...)

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