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  1. #1
    Join Date
    Dec 2008
    Posts
    1

    Default Plowing Right of Way

    We live in CT. The house behind ours has a right of way through our driveway/property.
    Before they owned the house my brother owned it. My father at that time was plowing the drive for us and would come when he could. We never had a discussion with the new neighbors about it and everything went well. After a couple of years we had to hire a snowplower and we let the neighbor know that we had. Soon after he purchased a tractor and started to "plow" the drive with it.
    It only has a bucket and it is chewing up the road causing ice dams,kicking up rocks, taking the crown off etc.
    We requested last year that he cease and desist plowing with his tractor and told him it was causing damage. We asked that they call if they absolutely had to use the tractor to get out. Again he went out and plowed. Because of the width of his bucket our contractor wouldn't plow us out due to the damage it would cause his blade, (the bucket left a narrow drive with hard rock ice edges)
    Now this year we called ahead of the first big snow to let them know that we had hired the same guy, please do not plow with the tractor and if they needed to get out they could call the plower and arrange it.
    We have paid for all the plowing. He called back said he had a right to come and go as he pleased, he wasn't doing a thing to our drive and well things that can't be said here. I had to hang up on him.
    Where do we stand on this? Can we get a cease and desist as long as we have made arrangements to get plowed, and can he make arrangements for plowing with someone we don't approve of?
    Thank you

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Plowing Right of Way

    You can sue him for the damages. You can try to get the court to issue an injunction - but for that I would suggest hiring a lawyer.

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