Vandewater & Associates Narrowing, not honoring RIGHT OF WAY Lyons Falls New York
My best bud bought a lot from David Vandewater, which included a right of way, 25 feet in width, from a state road to the lot, through land posted with "Vandewater & Associates" no trespassing signs.
After using said right of way for a couple of years, David Vandewater, president of Vandewater and associates, spread grass seed in portions of the gravelled right of way, then placed a few very thin, fiberglass snow stakes in the right of way, basically bisecting it. This action caused the right of way to be narrowed from 25 to @ 10 feet in places.
A neighbor, following the gravvelled portion of the right of way (there was no snow at the time) , allegedly ran over a couple of the snow stakes. Mr Vandewater had the neighbor arrested for trespass and destruction of property (a misdemeanor whose punishment is a year in jail). The snow stakes were not broken in two, looked intact. The arrested neighbor and friend is distraught.
Needless to say, get those rights of way in writing, like I did, with this guy. Even then, he may not honor the agreement.
6 Updates & Rebuttals
YOU HAD HIM ARRESTED? Then got sued for false arrest!
#7Author of original report
Tue, November 08, 2016
Yes Indeedy, Mr. Vandewater had some schelp arrested for running over a snow stake. Vandewater signed the criminal complaint.
The judge looked at the evidence and very quickly surmised the allegation to be preposterous and dismissed the case.
Mr. Vandewater then was then sued.
Ah, Vandewater BEER GOGGLES., that explains it!
#7Author of original report
Fri, January 22, 2016
Mr. Vandewater failed to explain the presence of the multitude of "Vandewater And Associates" no trespassing sgns lining the property and junking up the view. Rather excessive if it is personal property, be that as it may. However, the court did find Mr. Vandewater guilty of bulldozing Hogan's lake lot and ordered him to designate rights of way to various Hogan properties (which have deeded access across his woodlot.) Mr Vandewater did so, the problem is that Mr. Vandewater memorialized the locations in a court decretal, then insists the lococation is elsewhere when he signs an arrest warrant. Mr. Vandewater has described one particular right of way, for wich he provided a survey, in 6 different locations in order to facilitate an arrest. (After much expense, the Judge drops the charges. ) Mr.Vandewater is correct, the rights of way are written such that Hogan may only access the property on the right of way, and not willy nilly, thus a form of restraint. The second problem is Mr. Vandewater confronting persons and minors when he is (in my opinion and others) obviously intoxicated. In my opinion his beer goggles negatively efect his judgement and personality as well as his driving skills.
In true bully/Trump/narcissitic behaviour, the response will be, "I'm not a drunk, he is!" And don't forget the famus, "nobody like him!", and the all time favoritw "everyone is scared of him, I'm doing the community a foavor".
David vandewater
Lyons Falls,New York,
U.S.A.
MORE LIES AND ASSUMPTIONS FROM MARK HOGAN
#7REBUTTAL Owner of company
Fri, January 22, 2016
AGAIN MARK HOGAN HAS TO LIE ABOUT EVERYTHING THAT IS HAPPENING IN HIAWATHA LAKE.HE NOT ONLY SIGNS IN TO THIS SITE AS SOMEONE ELSE BUT THESE ASSUMPTIONS THAT HE MAKES UP HAS NOTHING TO DO WITH MY COMPANY.THIS IS PERSONAL.MARK D HOGAN UNDERSTANDS THAT NOT ONLY HAS HE RECEIVED A PERMANENT INJUNCTION TO STAY OFF MY PROPERTY FOR LIFE BUT HE ALSO UNDERSTANDS THAT THE COURT ORDERED A RESTRAINING ORDER AGAINST HIM FOR ALL OF HIS MISCONDUCT ON MY PERSONAL PROPERTY AT HIAWATHA LAKE THE COURTS AND JURY HAVE MADE ALL THE RIGHT DECISIONS BASED ON MARK D HOGANS ACTIONS
Rights of Way, not right away!
#7Author of original report
Mon, January 18, 2016
Mr. Vandewater stands ready to work with people , to designate a route, and has agreed to designate a route, and will identify the route to be designated, but when you use the route, his memory fades, the written description of the route (which he wrote) is an error. And gosh darn it, you must be arrested for his error. Getting kind of tired of it, went to court to get the right of way enforced, and as I say, "If you have a right of way over a road, you do not need anyones permission to use it but your own....." the court agreed. Mr. Vandewater still is in denial mode.................guess he needs to chat with another Judge. A felony conviction is no error of the court, but, in my opinion, a reflection of moral charechter.
50 feet, 25 feet, ten feet ,
#7Author of original report
Mon, January 18, 2016
Mr. Vandewater, as always, tunes into the information which is convenient to him, but not neccesarily accurate. He did indeed sell a 1.7 acre lot to a Mr. Thomas Moore nearly four years ago, and in the process offered a 25 foot right of way over an existing road through to his property.
Mr. Vandewater also needs to honor yet another right of way to the same location described as 50 feet in width. Mr. Vandewater is unable to restrict one user to ten feet of a road, while allowing another to use twenty five feet or fifty feet, it would create traffic mayhem.
Mr. Vandewater then relandscaped and narrowed the road portion without notifying any of the dominant owners (right of way owners), by placing a few 1/4 inch fiberglass snow stakes on one side of the road. Someone did indeed hit a snow stake, causing it to bend over a bit, but no damage.
And yes, a Mr. hogan was arrested on the mistaken (mis-staken? ) beliefs of Mr. Vandewater, however, the court dismissed the charges, with prejidice, a fifty foot right of way is a fifty foot right of way (not 25 feet, not ten feet) And the snow stakes were eventually destroyed after a few plows hit them .
Mr. Vandewater is the neighbor from hell.
David vandewater
Lyons Falls,New York,
U.S.A.
vandewater&associates,inc
#7REBUTTAL Owner of company
Wed, January 13, 2016
Vandewater&Associates,inc has never sold any land to Mr Hogan or Mr Hogans freinds. Mr Hogan was caught on camera plowing throught Mr VandeWater personal property at a very high rate of speed. All Pictures were submitted to the state police and with the visual evidence Mr Hogan was arrested.Mr VandeWater never reduced any width of right of ways.Mr Hogans claims are again not true.