Developer buried asphalt in my lawn.?

Question

I wasn't sure of where to put this question..so here goes.

In 1999 our neighbors sold the 10 acer parcel in the back of our property and we sold a very small part of our property to the city at the time for the sewer and gas line easement and it runs threw our property. It was with the understanding at the time that the neighbors contractors would level the property and do the improvements to our liking. Well what we didn't know is that the contractors workers buried the asphalt from the road they tore up and buried it in the easement!

My husband and I didn't know this till now after we tried planting a few trees and kept hitting huge chucks of asphalt and we always wondered why nothing will really grow in the strip, not even much grass. I tried again yet the trees died.

So is it too late to do anything as to they really didn't follow the written contract? I'm so steamed and would love some advice.

Thank you all. :-)

Answer 1

probably not much you can do because the contract is up. most likely a hack job company that went out of business and operates under a new name now.

Answer 2

If you wasn't there when your home was built, then you most likely have junk from the construction of your house buried under your front lawn. And as far as the trees not growing, the only thing that keeps trees from growing in the middle of an asphalt or concrete highway, is the traffic that keeps them beat down. If the trees really died? look for some other reason because it's not the asphalt that killed them.

Answer 3

since so many years have passed, I doubt you have any legal options in relation to the contract...

find out if this contractor is still in business and inform them of your discovery and demand they remove it...

the EPA might be interested in what this contractor has done as asphalt is classified as a toxic substance... they could force you to do the clean up and if so you would probably have to sue the contractor to get reimbursed...

Answer 4

I would contact your state DNR. The contractor has illegally dumped the asphalt, so I think they can be forced to dig it back out and replace it with plantable soil.  

Answer 5

Looks like your neighbor hired a real crackerjack company to do the improvements. To bury asphalt in yours or any yard is ILLEGAL regardless of the time frame. Do what like John D said and contact the DNR and hopefully you can nail them. Sounds like John A illegally dumped c**p to, not the type of person I'd want to hire.

Answer 6

There was too much expense in hauling it away so he should have dug it deeper and coverd it with topsoil at least 10" deep and you could grow what you want. Put some topsoil on it 3"or so and plant away