I live in the Westover Homeowners Assn which has the tiny cul-de-sacs with 4 houses, and the association is responsible to plow those streets. Unfortunately, my house is directly across the street , so the truck plow pushes the snow from that cul-de-sac, across Wellington Dr., and into my yard. They tell me they have the legal right to do that. Is this true?
Kurt Lawton, 13996 Wellington Dr., EP
“Legal right” may be a bit strong. However, the first 11 feet of the boulevard behind the curb on your street is City right of way. It is there for the particular purpose of locating gas and electrical lines as well as a location for the storage of snow. No one has a right to put snow on your yard beyond the 11 feet and if that is done you may have a cause for a civil action. But that would be your responsibility to pursue–the same as if someone bumps into your car. You or your insurance company would pursue the person if you know who did it. So, there may be some cause of action on your part, but I think it is worth rembering the circumstances of our winter. Year to date, this is the record for snowfall. Even if we don’t get anymore snow at all, this will still be the 10th snowiest winter of all time. A pile of snow in your yard may not do much damage and the question is: Do you want to start a neighborhood issue for something that may only occur only on rare occasion?
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