Need some legal advice on easement

[Guest Traumaslave]

Any property lawyers in the house?? I have an easement/right of way on my property which connects a neighboring property which is landlocked. This driveway crosses the stream on a bridge which is on my property. Today, the neighbors had some gravel brought in to make a driveway up to the house they are having built. The gravel was to be placed on their property. The truck made it across the bridge, made of steel I-beams and treated lumber, twice. The third trip across buckled the beams and the dump truck loaded with 8 tons of gravel ended up in the steam. I'll post pics soon.

My question pertains to "my" liability. I didn't tell them it was OK to bring such loads across that bridge nor was I asked. It is their only access to the property so they will have to fix it. I don't want to incure any expense in their mistake nor do I want to have to pay for the damage/tow of the dump truck. My understanding is that they are only covering the property with personal liabilty insurance to cover injury.

Any thoughts?????

[chipperi]

I have a TN real estate license but am not a lawyer. I believe if the easement is for them to gain access to their property they are responsible for its maintenance and upkeep.

[Guest Traumaslave]

It is.

[Guest Rick O'Shay]

Any property lawyers in the house?? I have an easement/right of way on my property which connects a neighboring property which is landlocked. This driveway crosses the stream on a bridge which is on my property. Today, the neighbors had some gravel brought in to make a driveway up to the house they are having built. The gravel was to be placed on their property. The truck made it across the bridge, made of steel I-beams and treated lumber, twice. The third trip across buckled the beams and the dump truck loaded with 8 tons of gravel ended up in the steam. I'll post pics soon.

My question pertains to "my" liability. I didn't tell them it was OK to bring such loads across that bridge nor was I asked. It is their only access to the property so they will have to fix it. I don't want to incure any expense in their mistake nor do I want to have to pay for the damage/tow of the dump truck. My understanding is that they are only covering the property with personal liabilty insurance to cover injury.

Any thoughts?????

I am an engineer who calculates that sort of thing daily. They came across your "bridge" without permits or permission? Sue the **** out of them all, they have no defense.

[Guest Traumaslave]

Would that not inturn go against my neighbor who "gave" them permission?

[Guest Rick O'Shay]

Would that not inturn go against my neighbor who "gave" them permission?

Can't answer that, I am not a lawyer, but either your neighbor, or the contractor who broke the bridge is liable to fix it. My guess is that it is the contractor, but then again I am not a lawyer. The bottom line is one of those folks is liable to fix the problem. I would either make a settlement with the neighbor if you like him, make a settlement with the contractor, who is likely bonded, and would rather fix the problem than go to court, or sue everybody in sight until the problem is resolved. Personally I would contact the contractor and tell him that kind of new bridge would make me happy, and by a certain date that will happen, or the lawyers will be involved. He is at fault here and will likely want to keep it private I imagine.

[R1100R]

I use to do paving growing up and it is almost always the property owners

resposibility to provide access to the site for delivery of items.

I have seen many time where stuff was left by the street because the delivery

did not seem safe.and no was was there. I bet your new neighbor told them to just drive up to the site not knowing the rating for your bridge. A load of rock in a tandum

dump truck is between 20-22 tons not to include the truck.

[Guest Traumaslave]

Someone, I don't know who, told them that the bridge was rated at 10 tons. They told me this and that they were keeping the loads to 8 tons. I had to leave for work so I wasn't able to get with the "owners", I spoke with the daughter and SIL for a minute. I will be speaking with the owners this afternoon.

[R1100R]

Hell the dump truck weight was close to 10 tons not incluing the load.

Not really sure what type of dump it was. Good luck.

Edited March 24, 2009 by R1100R

[Guest m&pc9]

I use to do paving growing up and it is almost always the property owners

resposibility to provide access to the site for delivery of items.

I have seen many time where stuff was left by the street because the delivery

did not seem safe.and no was was there. I bet your new neighbor told them to just drive up to the site not knowing the rating for your bridge. A load of rock in a tandum

dump truck is between 20-22 tons not to include the truck.

If it is a tri axle dump truck it will haul 20-22 tons but the gross weight is 70,000 lbs which is 35 tons.

[Guest Traumaslave]

Pics.

[BrasilNuts]

Great pics... someone owes you a new bridge.

8 tons of gravel + 6 tons of truck = broken bridge

Edited March 23, 2009 by BrasilNuts

[Guest siegfried]

What a mess, i feel for you, best wishes and please keep us updated.

Thanks

[mhm2a]

Looks like its time to build a ramp across there dukes of hazard style......I'll keep Daisy company while you guys jump it.

[chipperi]

I can see someone losing their CDL for that one.

[Guest Traumaslave]

[Guest gunslinger707]

I can see someone losing their CDL for that one.

and why would that be ?