Urgent repairs needed to road

[Mal Morrow]

Hello -

Weeell, I have to say that working to get the quarry to repair the road between Dageraad and Anaheim is clearly an exercise futility.  Even if I can get this to happen in the end, it will not happen for some time yet.

But the road has deteriorated very alarmingly in the past fortnight.  Very soon the section outside Anaheim will be impassable.  It's presently impassable for horse trailers, I judge.

We need urgent repairs.

I've asked Dries Erasmus to take a look at that stretch of road and to give us a quote for immediate repairs.  Presently he's in Durban, but on his return on Tuesday he will drive down to see for himself.

And of course I'll let you know his quote when I have it.

Everybody okay with that?

Tx && rgds,

Mal

[David Banks]

How about we sue Elaine in his personal capacity? He is the person allowing them access along that section of road. Make him pay for the repairs.

All that is going to happen is that we are going to make the repairs and the trucks will just cause the damage again? Yes, by all means do the repairs now because we have to get to work.

Then either sue him for the costs, or notify him that if there is another truck from that company, including his own trucks that use that road, we will be going after him for any and all repairs, including the cost for this repair?

That or you will have to spring for bail after I have taken a .32 to a couple of tires......

 

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[martinique chanelle Le-Gros]

I agree Dave....

 

The invoice  for the road from Dries should be made out to Elaine and delivered to his door by the police or a lawyer. We should not have to pay for his damages to the road.

 

I say once the road has been repaired we weld his gate shut so it can no longer opened that way the trucks cant get in or out and he cant go to the police with a complaint as he doesn't have a leg to stand on, he is not repairing the road.

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082 973 9206

[Mal Morrow]

Hi -

I hear you all and feel much the same way.

I went to his family to appeal to him via them to sort something out. Clearly embarrassment doesn't work it,  at any rate,  I managed to embarrass only blameless family members.

Nevertheless,  what we should not do is make our problems with Anaheim into problems for DRC Dive.

If we ask Dries to repair the road then we must pay him for services rendered. It's not his fault that Alain refuses to pay for repairs of the damage caused.

Tx && rgds,

Mal

On Mar 29, 2010 1:43 PM, "martinique chanelle Le-Gros" <martiniq...@gmail.com> wrote:

I agree Dave....

 

The invoice  for the road from Dries should be made out to Elaine and delivered to his door by the police or a lawyer. We should not have to pay for his damages to the road.

 

I say once the road has been repaired we weld his gate shut so it can no longer opened that way the trucks cant get in or out and he cant go to the police with a complaint as he doesn't have a leg to stand on, he is not repairing the road.

            On Mon, Mar 29, 2010 at 1:37 PM, David Banks <1000...@yebo.co.za> wrote: > > How abo...

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Martinique Le-Gros
082 973 9206

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[David Banks]

Not at all what I meant. Get the road repaired, pay for the repairs.

 

I do however think we should look into making it Elaine's problem as much as we can. We should be able to take some legal action which says that if he damages the road he has to repair it. It is after all as good as if he just dug the road up with a bulldozer?

 

 

----- Original Message -----

[Mal Morrow]

Hi -

>  We should be able to take some legal action which says that if he damages the road he has to repair it

I don't know, IANAL (I Am Not A Lawyer) as the interwebs jargon has it.  The legal forecast is unclear, according to my Magic 8 Ball.

I don't have a tame lawyer, family finances don't run that far.  But I do know some lawyers who may be able to give me their non-professional opinion, so I could ask them.  But this might not happen now or at any particular time, only as the opportunity arises.  And it would come with no conclusive value, unless we then decided to pay for the opinion.

On the other side, I'm not personally willing to confront Alain and Anaheim directly about this, because I don't know where that will take me.  I don't like losing and prefer to fight battles only when I know beforehand that I'm going to win.  Particularly, this is why I'm keen to go for the quarry, because we have documents which should force both the DME and the Council to attack the quarry on our behalf.  So far as I know, we don't have any document that legally obliges Alain or Anaheim to maintain the road.  If anyone has such a document, now would be the time to produce it...

Indeed, we have no document that obliges anyone on the road to pay for its maintenance, which is why I don't demand payment to the road fund, but only request it.  It would be my preference to create some sort of a contract for road maintenance ... but somehow we have to get the entire road community to agree to sign it, or have some structure that forces the dissenters to cooperate.  Again, IANAL, so I don't know how to do that.

Tx && rgds,

Mal

[Carol Werth]

You probably will all think I am a tad touched (may not be far wrong) but why don't we ALL pitch up at the wrongdoers doorstep, in force.  Is everyone accessible or are they just landowners renting out?

 

At the end of the day it would be far better not to burn any bridges, altough it would appear that this one is shot already.  To be at war with neighbours in the bush is not exactly wise. 

I have heard some of the stories and don't know full ones so will understand if I am way out of line on this one. :-)

 

You do make sense Mal, the fact that you have the documents so yes, going for the quarry I would agree, if I were a landowner, would be best prize right now.

"Reality is merely an illusion, albeity a very persistent one" - Albert Einstein