Everything on this page is the opinion of Jimmy Neal, nothing more or less.
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03-20-09.....When dry, cars bottom out when going across the ditch you dug across my driveway.
03-20-09.....An incident report was made today. The condition of my driveway and person's responsible are now a matter of public record.
04-05-02.....This is my driveway about 18 months after the roads and ditches were all dug up in the winter of 2000.
Note that the water runs across the driveway.
10-12-2003.....Ditch is filled in again, but water still running across the driveway.
8-21-2004.....Water still running across the driveway with no sign of it going across the road. Getting rough to cross.
Note the gravel in the driveway itself.
8-5-05.....Water still running across the driveway. Gravel still in driveway, but the rut is getting near impassable.
7-10-07.....Driveway washed out pretty bad and had to put 7 granite slabs across the hole to get into property. This worked quite well and slowed the water to a rate that it deposited silt in between the slabs and provided a solid safe passage into the driveway. Gravel still at the entrance to the driveway.
02-27-09.....This is the day after David Fry and the Beaver Run Landowners Association, LLC damaged the entrance to my driveway, making access to the property impossible. Note how far in and how deep they dug, leaving a dangerous situation that is not passable when raining and too steep when dry for a car to pass without scraping the bottom. Also, the gravel is gone from the driveway entrance.
02-28-09.....More rain and mud. From this angle you can see just how deep they dug out the entrance. Gravel has been removed for more than a car-length into the driveway.
03-01-09.....Six granite slabs and two large rocks, at a delivery price of $25.00 each, were taken and the culvert pipe is damaged.
03-03-09
Incident report filed 3-25-2008 with the Haralson County Sheriff's Department:
While I disagree with your assertion of an easement, I will abide by it only for the purpose of road repair. What Mr. Fry and Mr. Addison did to my driveway was not road-work. They entered my property far beyond the 30 feet you claim as an easement, after a Criminal Trespass Notice was given by a law enforcement officer, damaged the property, limited my access to and from the property, and inhibited the access of emergency vehicles, thus endangering my health and welfare.
A few laws I found while surfing the internet: Just think they're interesting, not trying to give legal advice here.
O.C.G.A. §
16-7-21
(a) A person commits the offense of criminal trespass when he or she intentionally damages any property of another without consent of that other person and the damage thereto is $500.00 or less or knowingly and maliciously
interferes with the possession or use of the property of another person without consent of that person.
(b) A person commits the offense of criminal trespass when he or she knowingly and without authority:
(1) Enters upon the land or premises of another person or into any part of any vehicle, railroad car, aircraft, or watercraft of another person for an unlawful purpose;
(2) Enters upon the land or premises of another person or into any part of any vehicle, railroad car, aircraft, or watercraft of another person
after receiving, prior to such entry, notice from the owner, rightful occupant, or, upon proper identification, an authorized representative of the owner or rightful occupant that such entry is forbidden; or
(3) Remains upon the land or premises of another person or within the vehicle, railroad car, aircraft, or watercraft of another person after receiving notice from the owner, rightful occupant, or, upon proper identification, an authorized representative of the owner or rightful occupant to depart.
(c) For the purposes of subsection (b) of this Code section, permission to enter or invitation to enter given by a minor who is or is not present on or in the property of the minorīs parent or guardian is not sufficient to allow lawful entry of another person upon the land, premises, vehicle, railroad car, aircraft, or watercraft owned or rightfully occupied by such minorīs parent or guardian if such parent or guardian has previously given notice that such entry is forbidden or notice to depart.
(d) A person who commits the offense of criminal trespass shall be guilty of a misdemeanor.
(e) A person commits the offense of criminal trespass when he or she intentionally defaces, mutilates, or defiles any grave marker, monument, or memorial to one or more deceased persons who served in the military service of this state, the United States of America or any of the states thereof, or the Confederate States of America or any of the states thereof, or a monument, plaque, marker, or memorial which is dedicated to, honors, or recounts the military service of any past or present military personnel of this state, the United States of America or any of the states thereof, or the Confederate States of America or any of the states thereof if such grave marker, monument, memorial, plaque, or marker is privately owned or located on land which is privately owned.
O.C.G.A. § 16-7-22
(a) A person commits the offense of criminal damage to property in the first degree when he:
(1) Knowingly and without authority interferes with any property in a manner so as to endanger human life; or
(2) Knowingly and without authority and by force or violence interferes with the operation of any system of public communication, public transportation, sewerage, drainage, water supply, gas, power, or other public utility service or with any constituent property thereof.
(b) A person convicted of the offense of criminal damage to property in the first degree shall be punished by imprisonment for not less than one nor more than ten years.
O.C.G.A. § 16-7-23
(a) A person commits the offense of criminal damage to property in the second degree when he:
(1) Intentionally damages any property of another person without his consent and the damage thereto exceeds $500.00;
(2) Recklessly or intentionally, by means of fire or explosive, damages property of another person; or
(3) With intent to damage, starts a fire on the land of another without his consent.
(b) A person convicted of the offense of criminal damage to property in the second degree shall be punished by imprisonment for not less than one nor more than five years.
O.C.G.A. § 23-1-14.
Who bears loss from act of third party
When one of two innocent persons must suffer by the act of a third person,
he who put it in the power of the third person to inflict the injury shall bear the
loss.
O.C.G.A. §
16-11-40
(a) A person commits the offense of criminal defamation when, without a privilege to do so and with intent to defame another, living or dead, he communicates false matter which tends to blacken the memory of one who is dead or which
exposes one who is alive to hatred, contempt, or
ridicule, and which tends to provoke a breach of the peace.
(b) A person who violates subsection (a) of this Code section is guilty of a misdemeanor.
My Family's Deed
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