Yesterday a delivery truck dumped a large load of lumber in my driveway, on my property. It is way too large for me to simply move. Delivery company claims that they were instructed to deliver it to my address. They say they did that and they have no further duty. My across the street neighbor says that the cops told him that I had to return it to him or else I could be charged with theft of his property.
I don't understand. I don't want the lumber and my car is boxed in by the lumber.
What to do? I need my car.
I'd be raising holy Hell with the delivery company before I did anything else. You need to speak to a manager. Failing that, I'd call the police myself.
You should write to your neighbor, and take pictures of the issue caused by the delivery your neighbor ordered that was mis-delivered to you. Tell your neighbor he can pay for a rental car so you can get around while he gets this sorted out. His homeowner's insurance may think this is funny until you add up what it is costing you and demand payment. Never, ever take legal advice from your neighbor or by proxy from a police officer. I am rather sure something got lost in the translation.
When something does not make sense, you have to trust your instincts. Here, you have not stolen your neighbor's wood, you did not ask anyone to dump it in your driveway and you can't get your car out. You did not do anything improper. Your neighbor is trying to avoid calling his carrier.
Using Avvo does not form an attorney client relationship.
The unauthorized placement of the lumber in your driveway constitutes trespass by the delivery company. Depending on the delivery instructions given to them by your neighbor, he may likewise be liable for trespass. You are entitled to demand its immediate removal, as well as compensation for any damages you have suffered.
Our Rating is calculated using information the lawyer has included on their profile in addition to the information we collect from state bar associations and other organizations that license legal professionals. Attorneys who claim their profiles and provide Avvo with more information tend to have a higher rating than those who do not.What determines Avvo Rating?Experience & background
Years licensed, work experience, educationLegal community recognition
Peer endorsements, associations, awardsLegal thought leadership
Publications, speaking engagementsDiscipline