# mulch dumped in wrong driveway..is it mine?

**URL:** <https://boards.straightdope.com/t/mulch-dumped-in-wrong-driveway-is-it-mine/495810>\
**Category:** In My Humble Opinion\
**Created:** [May 9, 2009, 1:19am UTC](https://boards.straightdope.com/t/mulch-dumped-in-wrong-driveway-is-it-mine/495810 "2009-05-09T01:19:14Z")\
**Posts on this page:** 20\
**Page:** 2

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**Author:** ![Harmonious\_Discord](https://avatars.discourse-cdn.com/v4/letter/h/74df32/32.png) [@Harmonious\_Discord](https://boards.straightdope.com/u/Harmonious_Discord)\
**Post date:** [May 10, 2009, 10:36am UTC](https://boards.straightdope.com/t/mulch-dumped-in-wrong-driveway-is-it-mine/495810/21 "2009-05-10T10:36:35Z")

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Marty can call you before deliveries and you can put up a sign “Not Marty’s House”.

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**Author:** ![PunditLisa](https://avatars.discourse-cdn.com/v4/letter/p/4af34b/32.png) [@PunditLisa](https://boards.straightdope.com/u/PunditLisa)\
**Post date:** [May 10, 2009, 11:51am UTC](https://boards.straightdope.com/t/mulch-dumped-in-wrong-driveway-is-it-mine/495810/22 "2009-05-10T11:51:08Z")

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A few years back, I looked out my front window to see a landscaper fertilizing my lawn. I didn’t contract for it. I hollered out to the fellow that I hadn’t signed up for lawn service. He checked his paperwork and then insisted that he was at the right house. So I asked to see it. The paperwork was, indeed, correct. I pointed to the number of my mailbox and read the numbers to him slowly.

Half my lawn looked good that year. 🙂

As far as mulch goes, they dumped it in the wrong driveway. It’s not easily retrieved and you wanted to use your driveway. I’d have no problems using it.

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**Author:** ![don\_t\_ask](https://avatars.discourse-cdn.com/v4/letter/d/e68b1a/32.png) [@don\_t\_ask](https://boards.straightdope.com/u/don_t_ask)\
**Post date:** [May 10, 2009, 12:34pm UTC](https://boards.straightdope.com/t/mulch-dumped-in-wrong-driveway-is-it-mine/495810/23 "2009-05-10T12:34:51Z")

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> [@zydecat](#):
>
> This is the second time that someone misdelivered his stuff to my house. I ran out of mulch and could use some more. I’m going to ask Marty to order another load.

Don’t be stupid. Get Marty to order pre-paid hookers.

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**Author:** ![ftg](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/ftg/32/2801_2.png) [@ftg](https://boards.straightdope.com/u/ftg)\
**Post date:** [May 10, 2009, 1:30pm UTC](https://boards.straightdope.com/t/mulch-dumped-in-wrong-driveway-is-it-mine/495810/24 "2009-05-10T13:30:34Z")

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> [@DrDeth](#):
>
> NO! Or at least NO in most juristictions, where they have various non-emergency Police numbers.

Reminder: such rules vary greatly all over the place. In my county they insist that all calls go thru 911, there is no non-emergency number. The best advice is to “check first”.

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**Author:** ![zydecat](https://avatars.discourse-cdn.com/v4/letter/z/e480ec/32.png) [@zydecat](https://boards.straightdope.com/u/zydecat)\
**Post date:** [May 10, 2009, 1:42pm UTC](https://boards.straightdope.com/t/mulch-dumped-in-wrong-driveway-is-it-mine/495810/25 "2009-05-10T13:42:12Z")

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Upon review, it was 10 yards not 20. This is Long Island, NY, so everything is a bit more expensive. Also to the person who suggested calling companies until I found out who dumped it. EVERYBODY here delivers mulch. There are signs on telephone poles, 100’s of landscapers and nurseries. This is one mulch-crazy place. And I really do need another 10 yards now to make everything match. I guess I’m a bit mulch crazy too!

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**Author:** ![jk1245](https://avatars.discourse-cdn.com/v4/letter/j/49beb7/32.png) [@jk1245](https://boards.straightdope.com/u/jk1245)\
**Post date:** [May 11, 2009, 3:56pm UTC](https://boards.straightdope.com/t/mulch-dumped-in-wrong-driveway-is-it-mine/495810/26 "2009-05-11T15:56:36Z")

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tell Marty that you heard now is the time to buy 60" flat screen TVs. Also, it’s safest to have them delivered to avoid breakage.

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**Author:** ![StarvingButStrong](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/starvingbutstrong/32/335_2.png) [@StarvingButStrong](https://boards.straightdope.com/u/StarvingButStrong)\
**Post date:** [May 11, 2009, 5:32pm UTC](https://boards.straightdope.com/t/mulch-dumped-in-wrong-driveway-is-it-mine/495810/27 "2009-05-11T17:32:01Z")

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> [@zydecat](#):
>
> And I really do need another 10 yards now to make everything match. I guess I’m a bit mulch crazy too!

Well, if you order from the same company it probably will match.

OTOH, they will deliver it to Marty.

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**Author:** ![Sigmagirl](https://avatars.discourse-cdn.com/v4/letter/s/c89c15/32.png) [@Sigmagirl](https://boards.straightdope.com/u/Sigmagirl)\
**Post date:** [May 11, 2009, 6:12pm UTC](https://boards.straightdope.com/t/mulch-dumped-in-wrong-driveway-is-it-mine/495810/28 "2009-05-11T18:12:21Z")

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Now’s the time to find out what Marty likes on his pizza. When the Domino’s guy comes to the door, check the toppings. If it’s not what you ordered, direct him to Marty’s house.

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**Author:** ![Dangerosa](https://avatars.discourse-cdn.com/v4/letter/d/22d042/32.png) [@Dangerosa](https://boards.straightdope.com/u/Dangerosa)\
**Post date:** [May 11, 2009, 7:15pm UTC](https://boards.straightdope.com/t/mulch-dumped-in-wrong-driveway-is-it-mine/495810/29 "2009-05-11T19:15:59Z")

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> [@PunditLisa](#):
>
> A few years back, I looked out my front window to see a landscaper fertilizing my lawn. I didn’t contract for it. I hollered out to the fellow that I hadn’t signed up for lawn service. He checked his paperwork and then insisted that he was at the right house. So I asked to see it. The paperwork was, indeed, correct. I pointed to the number of my mailbox and read the numbers to him slowly.
> 
> Half my lawn looked good that year. 🙂
> 
> As far as mulch goes, they dumped it in the wrong driveway. It’s not easily retrieved and you wanted to use your driveway. I’d have no problems using it.

I looked out the window once to discover a “For Sale” sign going up in my front lawn…I called my husband to ask “honey, did you decide to sell the house?”

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**Author:** ![that\_darn\_cat](https://avatars.discourse-cdn.com/v4/letter/t/59ef9b/32.png) [@that\_darn\_cat](https://boards.straightdope.com/u/that_darn_cat)\
**Post date:** [May 11, 2009, 8:06pm UTC](https://boards.straightdope.com/t/mulch-dumped-in-wrong-driveway-is-it-mine/495810/30 "2009-05-11T20:06:50Z")

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One of our demo crews once showed up at the wrong house. The people sleeping upstairs were not amused. :smack:

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**Author:** ![Anaamika](https://avatars.discourse-cdn.com/v4/letter/a/5f9b8f/32.png) [@Anaamika](https://boards.straightdope.com/u/Anaamika)\
**Post date:** [May 11, 2009, 8:12pm UTC](https://boards.straightdope.com/t/mulch-dumped-in-wrong-driveway-is-it-mine/495810/31 "2009-05-11T20:12:31Z")

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I don’t know why, but I am really thrilled to find out this story had a happy ending. I was following it. Thanks for the update!

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**Author:** ![Shot\_From\_Guns](https://avatars.discourse-cdn.com/v4/letter/s/ccd318/32.png) [@Shot\_From\_Guns](https://boards.straightdope.com/u/Shot_From_Guns)\
**Post date:** [May 11, 2009, 9:53pm UTC](https://boards.straightdope.com/t/mulch-dumped-in-wrong-driveway-is-it-mine/495810/32 "2009-05-11T21:53:59Z")

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For folks’ future reference, any un-ordered delivery is considered a gift. You are under no legal obligation to return it or pay for it.

[Cite](http://www.ftc.gov/bcp/edu/pubs/business/fraud/bus24.shtm):

> [@](#):
>
> If you receive supplies or bills for services you didn’t order, don’t pay, and don’t return the unordered merchandise. You may treat unordered merchandise as a gift. By law, it’s illegal for a seller to send you bills or dunning notices for unordered merchandise, or ask you to return it — even if the seller offers to pay for shipping. Further, if the seller sends you items that differ from your order in brand name, type, quantity, size, or quality — without your prior express agreement — you may treat the substitutions as unordered merchandise. Unordered services are treated the same way.

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**Author:** ![Xema](https://avatars.discourse-cdn.com/v4/letter/x/9de053/32.png) [@Xema](https://boards.straightdope.com/u/Xema)\
**Post date:** [May 11, 2009, 11:37pm UTC](https://boards.straightdope.com/t/mulch-dumped-in-wrong-driveway-is-it-mine/495810/33 "2009-05-11T23:37:07Z")

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[QUOTE=Shot From Guns’ link]  
it’s illegal for a seller to send you bills or dunning notices for unordered merchandise, **or ask you to return it** …  
[/QUOTE]

This sounds extremely harsh. Honest shipping mistakes are made every day - can it really be illegal merely to request that someone who receives one return it?

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**Author:** ![Lynn\_Bodoni](https://avatars.discourse-cdn.com/v4/letter/l/e47c2d/32.png) [@Lynn\_Bodoni](https://boards.straightdope.com/u/Lynn_Bodoni)\
**Post date:** [May 12, 2009, 7:02am UTC](https://boards.straightdope.com/t/mulch-dumped-in-wrong-driveway-is-it-mine/495810/34 "2009-05-12T07:02:45Z")

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Yep, it’s illegal. There’s a reason for it, too. Companies used to send out merchandise, and then bill people for it. If someone didn’t want to pay, then requiring him to send it back would STILL make him incur an expense.

It all comes down, as it so often does, to a law being made because some folks just don’t have common sense, or some businesses had some pretty shady practices.

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**Author:** ![Shot\_From\_Guns](https://avatars.discourse-cdn.com/v4/letter/s/ccd318/32.png) [@Shot\_From\_Guns](https://boards.straightdope.com/u/Shot_From_Guns)\
**Post date:** [May 12, 2009, 2:32pm UTC](https://boards.straightdope.com/t/mulch-dumped-in-wrong-driveway-is-it-mine/495810/35 "2009-05-12T14:32:25Z")

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> [@Xema](#):
>
> This sounds extremely harsh. Honest shipping mistakes are made every day - can it really be illegal merely to request that someone who receives one return it?

Certainly, if it’s an honest mistake, you may \*offer \*to return the item or let the company pick it back up, and this may even be a good idea if you have any kind of working relationship with the company in question–but they aren’t technically allowed to ask, for the reason \*\*Lynn Bodoni \*\*explained.

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**Author:** ![Xema](https://avatars.discourse-cdn.com/v4/letter/x/9de053/32.png) [@Xema](https://boards.straightdope.com/u/Xema)\
**Post date:** [May 12, 2009, 4:03pm UTC](https://boards.straightdope.com/t/mulch-dumped-in-wrong-driveway-is-it-mine/495810/36 "2009-05-12T16:03:32Z")

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> [@Lynn\_Bodoni](#):
>
> Yep, it’s illegal … If someone didn’t want to pay, then requiring him to send it back would STILL make him incur an expense.

I’m focusing on the fact that the wording above doesn’t say that requiring the return is illegal - it says that simply _requesting_ this is.

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**Author:** ![Shot\_From\_Guns](https://avatars.discourse-cdn.com/v4/letter/s/ccd318/32.png) [@Shot\_From\_Guns](https://boards.straightdope.com/u/Shot_From_Guns)\
**Post date:** [May 12, 2009, 4:20pm UTC](https://boards.straightdope.com/t/mulch-dumped-in-wrong-driveway-is-it-mine/495810/37 "2009-05-12T16:20:26Z")

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Presumably because most people wouldn’t know that they weren’t obligated to do so.

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**Author:** ![BlinkingDuck](https://avatars.discourse-cdn.com/v4/letter/b/eada6e/32.png) [@BlinkingDuck](https://boards.straightdope.com/u/BlinkingDuck)\
**Post date:** [May 12, 2009, 4:33pm UTC](https://boards.straightdope.com/t/mulch-dumped-in-wrong-driveway-is-it-mine/495810/38 "2009-05-12T16:33:24Z")

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> [@Lynn\_Bodoni](#):
>
> Yep, it’s illegal. There’s a reason for it, too. Companies used to send out merchandise, and then bill people for it. If someone didn’t want to pay, then requiring him to send it back would STILL make him incur an expense.
> 
> It all comes down, as it so often does, to a law being made because some folks just don’t have common sense, or some businesses had some pretty shady practices.

Agreed…and it is a good law.

However, you’d have to be a grade A jerk to not allow them to collect it but to insist on keeping it.

I once had a computer delivered to my house by mistake. Sure it would have been nice to keep it but to do so when they came knocking on the door…

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**Author:** ![Shot\_From\_Guns](https://avatars.discourse-cdn.com/v4/letter/s/ccd318/32.png) [@Shot\_From\_Guns](https://boards.straightdope.com/u/Shot_From_Guns)\
**Post date:** [May 12, 2009, 4:40pm UTC](https://boards.straightdope.com/t/mulch-dumped-in-wrong-driveway-is-it-mine/495810/39 "2009-05-12T16:40:42Z")

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> [@BlinkingDuck](#):
>
> However, you’d have to be a grade A jerk to not allow them to collect it but to insist on keeping it.

Eh, I think it would depend on the item in question, how much of an inconvenience its delivery was for you, whether it was an attempt at a scam, how easily you could find out who made the delivery, etc.

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**Author:** ![imfloating](https://avatars.discourse-cdn.com/v4/letter/i/bc79bd/32.png) [@imfloating](https://boards.straightdope.com/u/imfloating)\
**Post date:** [May 12, 2009, 4:48pm UTC](https://boards.straightdope.com/t/mulch-dumped-in-wrong-driveway-is-it-mine/495810/40 "2009-05-12T16:48:04Z")

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I once had an EMT crew from the local hospital deliver an elderly woman on a stretcher to my house by mistake. I didn’t keep her though.

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