The town I live in (Riverhead, NY) claims to have an 11-foot easement into my property from the street. When the town highway department snowplows the street and damaged my mailbox, lights mounted on light pears within the easement the town claims it is not responsible for the damages. I live on a residential street, however, the type of plows used are for use on highways and rural roads.

What recourse do I have?

Hello,

The type of easement you are referring to is an "easement by necessity." Municipalities/counties claim such easements to ensure the practical use of the connecting property (the road). This is why there are rules regarding height, location and distance from the road regarding mailboxes. These rules ensure that the mail delivery person's vehicle doesn't create an obstruction to the road during delivery, or any excess danger to the delivery driver by traffic. Or in your case, maintenance of the road during snow. Generally, it is the landowner who benefits from the mailbox, but the public as a whole who benefits from the road. This is why the landowner has the obligation to maintain the mailbox per the requirements.

Now, picture a snowplow following an imaginary line as close to the boxes as possible. If a mailbox protrudes that line, it can be damaged accidentally by a plow driver who is distracted in operating the plow.

So, to prove any liability, you must prove that the box was in a legally compliant location, and at the correct height. But even proving this, you may find that there are ordinances disclaiming liability for maintenance of the roads by the municipality. If it was a private contracter doing the work, this could be a different situation.

I personally think that it is a far easier matter to fix the box, than to prove any liability by the city or county. You may even find yourself subject to fine or penalty if you do not fix it, to specifications, within a given time. Of course you can post some formal or informal complaint, but such things are usually determined by the city in regard to quantity of complaints, and/or the extent of damage. Meanwhile, you are non-compliant and subject to fine.

Is this fair? Not to you, but in the balance, the public must be able to travel a road free from snow. Maybe a better way of saying it is, it's fair because it applys to everyone. If it was your neighbors box, he would be in the same position.

As always, if your situation is just too offensive to you, consult an attorney about your options. Sorry I couldn't help more, and good luck,

Lawford

Lawford, Thank you for your response. Do you not see any liability when the wrong plows are being used? The mailbox was and is installed following the US Postal Service guidelines.

Hello again,

Perhaps, but in view of municipal codes that may disclaim liability, the reasons for the damage may prove moot. Remember, however, I am not an expert, especially on the laws of your state or community. Hopefully someone with more experience than I will answer your thread. good luck

Lawford