For fucks sake!

[RGStory]

It is not your sidewalk...

https://www.austintexas.gov/sites/default/files/files/row_description_definition.pdf

It is where I live.

Each jurisdiction has its own peculiarities regarding ROW and easement laws. In Texas, simply setting aside a strip of land without a formal dedication for use by the general public can establish a public ROW.

Textbook Example:
"The Philmores owned a residence approximately one block from an elementary school in a heavily populated district of a city. There were no sidewalks in the neighborhood. A heavy concentration of children traversed the area twice daily going to and coming from school. To help relieve some of the danger of having the children travel on the side of the street, the Philmores constructed a sidewalk on their property. The children began using the sidewalk, but the Philmores failed to anticipate the adverse effects. The children caused the family dog to bark, the paper was generally missing each morning and minor acts of vandalism occurred on their property. The Philmores finally decided to dismantle the sidewalk. However, they were served with a restraining order by the city attorney’s office. The city contended that the Philmores had granted the public an irrevocable easement across the land."

 

[Steel+Killer]

My theory on why these bullshit frivolous lawsuits continue to rise is because to many people(defendants) settle out of court for a lower payout instead of going to trial risking the full amount they are being sued for, but I think if more people and company’s said “you know what fuck you let’s take this to a jury trial” I believe most of these BS lawsuits would lose in a jury trial. If most of these lawsuits went to a jury trial and lost most of these ambulance chasing lawyers wouldn’t be so quick to take any case that comes across there desk.

 

[Texasflyer]

My grandfather lived on a road in a curve and after someone almost ran into the house once he made his own mailbox out of an old steel pull behind plow, it to this day is the knarliest mailbox i have ever witnessed.

 

[ggmanning]

See it in my line of work as well....these lawyers are suing your insurance and know the insurance will pay out at a cheaper cost to them than a legal battle. The insurance cares not about right or wrong or fault only bottom line. Works the same way in frivolous medical cases and pretty much every frivolous case in every walk of life with insurance coverage.

Edit.. I missed Pametto's post. Same thoughts exactly.

 

[EddieNFL]

Each jurisdiction has its own peculiarities regarding ROW and easement laws. In Texas, simply setting aside a strip of land without a formal dedication for use by the general public can establish a public ROW.

Textbook Example:
"The Philmores owned a residence approximately one block from an elementary school in a heavily populated district of a city. There were no sidewalks in the neighborhood. A heavy concentration of children traversed the area twice daily going to and coming from school. To help relieve some of the danger of having the children travel on the side of the street, the Philmores constructed a sidewalk on their property. The children began using the sidewalk, but the Philmores failed to anticipate the adverse effects. The children caused the family dog to bark, the paper was generally missing each morning and minor acts of vandalism occurred on their property. The Philmores finally decided to dismantle the sidewalk. However, they were served with a restraining order by the city attorney’s office. The city contended that the Philmores had granted the public an irrevocable easement across the land."

Friends of my parents lived on Laurel St in the small town I grew up in. Once each year they placed saw horses blocking the sidewalk for one day. My dad told me it was for that very reason.

 

[EddieNFL]

Ther's a pretty sharp turn on a local road between mine and my son's house. Speed limit 45. A house sits right in line with the apex of the curve about 60 feet back. Miss the turn and you're in their front door. The state/county/whoever elected a guard rail. Last week someone took out about six feet. Wonder if they can sue?

 

[AManWearingAHat]

so if this mail box was a tree, would we be in the same place?

 

[MtnCreek]

so if this mail box was a tree, would we be in the same place?

That tree would belong to whoever owned the ROW (State, County or City).

 

[RGStory]

That tree would belong to whoever owned the ROW (State, County or City).

Again, depending on the nature of the ROW grant and the jurisdiction your mileage may vary.

 

[EddieNFL]

That tree would belong to whoever owned the ROW (State, County or City).

ROW (easements) do not change ownership. Still your property, you still pay the taxes, you still have to cut the grass. Easement gives .gov, power or gas companies, etc. the right to use.

 

[MtnCreek]

ROW (easements) do not change ownership. Still your property, you still pay the taxes, you still have to cut the grass. Easement gives .gov, power or gas companies, etc. the right to use.

Different in the States/Counties I've lived in. My plats are to ROW. Prop pins at ROW. Calc'ed acreage does not include ROW. I cut only because I want it to stay cut, otherwise County will cut twice a yr. If they need more ROW, they purchase it (or use eminent domain if you dick with them too much).

Edit: Power Co has an easement through me. I own it, but there's limitations on what I can do with it.

 

[RGStory]

ROW (easements) do not change ownership. Still your property, you still pay the taxes, you still have to cut the grass. Easement gives .gov, power or gas companies, etc. the right to use.

Again, depending on the nature of the ROW grant and the jurisdiction your mileage may vary.

If you are really concerned, its worth looking up the relevant laws in your area, reviewing the original grant, and if in doubt consulting an expert familiar with real property laws with experience in reviewing easements and right-of-ways.

These blanket statements are what get well meaning people in trouble.

I've seen platted trees dedicated to the public on private lots. I've also seen areas, where privately owned trees are subject to so much regulation and control that they might as well be publicly owned. I also know of a certain utility company that thought it could do ROW clearance through an apple orchard because the easement granted them 25 foot of vegetative clearing rights.

 

[EddieNFL]

If you are really concerned, its worth looking up the relevant laws in your area,

That's how I found out.

 

[Jscb1b]

Pic 1 is what was left of my mailbox after the BMW hit it. He hit it so hard, there were pieces of bricks against my neighbors garage door across the street. But he was only going 25 mph. Oh, and it was his Dad's BMW.
Pic 2 is the BMW parts I picked up in my yard.

View attachment 7652448

View attachment 7652449

125!

 

[Srgt. Hulka]

125!

He was hauling ass. He said he was going 25. I figured he was going about 55 or 60.
When he hit it, I was kneeling by my daughter’s bed saying prayers and goodnight, and it sounded like a bomb went off in my front yard. I ran out, and a big cloud of dirt and steam in the yard. He rolled to a stop about 150 feet down the road. Oil, antifreeze, bricks and car parts everywhere.
If you look in the pic, you can see the mailbox and cap laying in the front yard. He’s lucky it didn’t end up in his lap.

 

[Steel+Killer]

View attachment 7652609View attachment 7652610

They obviously do not enforce their own regulations….Did I mention I have also seen an old boat motor used as a mailbox……lol

I wouldn’t be surprised if a lawyer didn’t use that as an argument to go after the USPS with the argument being that if they enforced their own regulations XYZ wouldn’t have happened.

 

[VA-Varminter]

Ours has been hit by something, either on purpose or by accident? twice this year.
For now it's patched up again, but I have one of these and the steel post on hand and will replace it the next time it takes a shot.

Mailboxes - Fort Knox Mailbox, LLC.

Our full collection of amazing and secure mailboxes. Come see our collection here!

www.fortknoxmailbox.com

 

[DarnYankeeUSMC]

This thread is a fine example of what is wrong.
Personal Responsibility!! We need more of it and less lawyers.

 

[Thorny]

^ And consequences for your actions^

 

[hlee]

So, in this world without lawyers, who assigns responsibility when a driver skids off the road (due to a combination of weather and excessive speed) and then his vehicle flips because of an obstacle maliciously placed in the public right of way? We can all agree that the vehicle is supposed to stay on the pavement. Where we seem to get hung up is on the trap placed in the public right of way.

 

[RGStory]

So, in this world without lawyers, who assigns responsibility when a driver skids off the road (due to a combination of weather and excessive speed) and then his vehicle flips because of an obstacle maliciously placed in the public right of way? We can all agree that the vehicle is supposed to stay on the pavement. Where we seem to get hung up is on the trap placed in the public right of way.

Who defined it as "excessive speed"? At that point I think you have already assigned responsibility.

 

[hlee]

Who defined it as "excessive speed"? At that point I think you have already assigned responsibility.

But, the effects of the excursion from the pavement would have been less severe if not for the trap in the public ROW. This is what is at issue. The vehicle should not have hit the mailbox. But, the exact mailbox in question should not have been there…

 

[RGStory]

But, the effects of the excursion from the pavement would have been less severe if not for the trap in the public ROW. This is what is at issue. The vehicle should not have hit the mailbox. But, the exact mailbox in question should not have been there…

Sure, but the same could be said for a tree. The question is if the tree or other object was in fault of an existing law and who had a duty to maintain it or was responsible for breach of the existing law/ordinance. A fact based determination.

This can be resolved in court if necessary in front of a judge if the facts are debatable. Lawyers can represent each side, but the emphasis on lawyers being the sole source of arbitration and representation of legal disputes is what I question as a social necessity.

Are lawyers likely to be more qualified? Sure. Should there be laws preventing laymen from representing cases in court? I argue no, but I am not close minded on the subject.

I just have not read a good argument as to why this closed system exists.

 

[hlee]

Sure, but the same could be said for a tree. The question is if the tree or other object was in fault of an existing law and who had a duty to maintain it or was responsible for breach of the existing law/ordinance. A fact based determination.

This can be resolved in court if necessary in front of a judge if the facts are debatable. Lawyers can represent each side, but the emphasis on lawyers being the sole source of arbitration and representation of legal disputes is what I question as a social necessity.

Are lawyers likely to be more qualified? Sure. Should there be laws preventing laymen from representing cases in court? I argue no, but I am not close minded on the subject.

I just have not read a good argument as to why this closed system exists.

But, Lawyers are the debil and in deference to DarnYankeeUSMC's request, in this hypothetical world we have gotten rid of the lawyers- and a judge is just a lawyer in a robe. Now, we live in a democrat's hallucination, where all disputes are resolved based on your "feels..."

 

[RGStory]

But, Lawyers are the debil and in deference to DarnYankeeUSMC's request, in this hypothetical world we have gotten rid of the lawyers- and a judge is just a lawyer in a robe. Now, we live in a democrat's hallucination, where all disputes are resolved based on your "feels..."

I had to look up the word debil. I still don't know what it means.

My apologies. Without reference to DarnYankeeUSMC I didn't know who you were responding to and thought it was a general statement. Even so, I didn't see where DarnYakeeUSMC said to be rid of all lawyers, he appears to be advocating acceptance of more personal responsibility and removing lawyers from resolving 100% of civil disputes that arise in everyday interactions.

 

[armorpl8chikn]

this is why all states should go to a straight up contributory negligence rule instead of comparative contributory negligence

if your own negligence caused your injuries in whole or in part then it is a complete bar from recovery from other people/entities

Oh yes. A wonderful idea.
Then when you are making a legal turn in a turn lane, and some asshole hits you head on because he was using the turn lane to merge with traffic, you can have a jury rule that you contributed to the accident by making a legal turn.
Then, years later, you can find out you were fucked up for life by the damage done to your neck, that required spinal fusion. You can think about what a great idea Contrib states are, every day you aren't suffering from a spinal headache.
There are no laws that make stupidity and lack of common sense immaterial.

 

[Highbrass]

So after he hit the mailbox his truck tumbled for.over 130 ft. Sounds to me like he was going a bit to fast for conditions if there was ice present...maybe a bit reckless...possibly intentional???

 

[hlee]

I had to look up the word debil. I still don't know what it means.

My apologies. Without reference to DarnYankeeUSMC I didn't know who you were responding to and thought it was a general statement. Even so, I didn't see where DarnYakeeUSMC said to be rid of all lawyers, he appears to be advocating acceptance of more personal responsibility and removing lawyers from resolving 100% of civil disputes that arise in everyday interactions.

 

[RGStory]

That's all I could find when I searched for the meaning!

 

[RTH1800]

Cletus Sney, name a kid Cletus Sney and expect great things.

 

[vinniedelpino]

My theory on why these bullshit frivolous lawsuits continue to rise is because to many people(defendants) settle out of court for a lower payout instead of going to trial risking the full amount they are being sued for, but I think if more people and company’s said “you know what fuck you let’s take this to a jury trial” I believe most of these BS lawsuits would lose in a jury trial. If most of these lawsuits went to a jury trial and lost most of these ambulance chasing lawyers wouldn’t be so quick to take any case that comes across there desk.

Loser pays and no more contingent fees for attorneys. Bill flat rate or hourly.

 

[hlee]

Oh yes. A wonderful idea.
Then when you are making a legal turn in a turn lane, and some asshole hits you head on because he was using the turn lane to merge with traffic, you can have a jury rule that you contributed to the accident by making a legal turn.
Then, years later, you can find out you were fucked up for life by the damage done to your neck, that required spinal fusion. You can think about what a great idea Contrib states are, every day you aren't suffering from a spinal headache.
There are no laws that make stupidity and lack of common sense immaterial.

Our neighborhood dumps out onto what was- when we moved in- a 5 lane highway. 2 in each direction and a shared turn lane. Traffic wasn't too bad but the number of head on collisions in the shared turn lane was embarrassingly high. Add to that the fact that there were 100s(?) of unregulated left turn-outs- from the businesses on the sides of the road. The City and County (or perhaps the state as it is a state highway) have gone back and are adding curbs to segregate left turn lanes out of the previously shared lane. Traffic SUCKS because now you have to make a right and then whip a u-turn at a light in order to effect a left turn out of a business. But, the number of head on collisions are way down. Traffic at eateries is way down too, as it is too much of a hassle to find a u-turn to stop for lunch at a business on the left side of the road. At least one restaurant sued "someone" over the loss of business caused by the traffic pattern change. Pretty sure the only winner there was the lawyer...