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  1. #1
    Join Date
    Jan 2009
    Posts
    1

    Default Preventing a Private Snow Plow Operator from Dumping Snow on My Property

    My question involves real estate located in the State of: New York, City of Colonie.

    My neighbor across the street hires a private snow plow to clear their diveway. Instead of clearing the snow onto another portion of their property he chooses to push it across the street and onto my lawn. In the process he rips up the grass damaging my property. I contend that this is illegal dumping of a business's waste by-product onto my private property. I have asked him to stop and he continues.

    Do I have legal standing to prevent this practice or is my only recourse to sue for property damages after the fact?

    Thanks for any information.

  2. #2
    Join Date
    Dec 2007
    Location
    Ohio
    Posts
    2,006

    Default Re: Can I Legally Prevent a Private Snow Polw Operator from Dumping Snow on My Proper

    So have you tried calling the police to see if you can get him charged with vandalism?
    A friendly advisement from a law officer sometimes does the trick.

    The next time that he does this, get it on video if you can. You can sue him for the cost of repair to your lawn.

  3. #3
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Re: Can I Legally Prevent a Private Snow Polw Operator from Dumping Snow on My Proper

    It sounds more like trespass than vandalism.

    You can try the police, or you can talk to a lawyer about going to court and getting a restraining order. If the police tell him to stop and he does, that's a lot cheaper than taking it to court. (Also, depending on its schedule, a court may not even hear the case until spring or summer.)

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