Border encroachment?

[Richard]

I'm a bit premature in posting this question since I just heard about it and don't know the facts yet. Hopefully, I'll go back there later tonight and find out for real what's happened.

Ok... my wifes cousin lives next door. I've been out of town for several weeks. Years ago on the back side of the farm my father in law (his uncle) sold a handful of acres to someone who built a house. Later, they divorced & moved away. Someone else bought the house, split the land and built a spec house on the other parcel. This person as best I know, has never moved in.

For what it's worth, both houses have been for sale for probably 3 years now, clearly they're proud of their asking price? lol.

Anyways... this tract of land should be bordered on at least two sides by our farm if I understand the logistics, possibly three.

Talking to my wifes cousin this morning, he said he went around the farm on the boat (we're surrounded on 3 sides by lake & a cove on each left/right side)

Ok, so he went down the cove on the back side of the farm and all the sudden, he can see this spec house from the lake. This is a new development (as in a new issue) because you could never see this house before. He said from the lake, it looks like the guy has been mowing down trees that were blocking his view (trees that are suspected to be on the farm and not his to cut down)

Now, he can sell the house as "lake view" since he evidently has a clear view of the lake.

I've not been there yet as I just now heard about this and I don't yet know if he's cut his own trees or indeed, trees off the farm (and even TVA for that matter)

So, if he's cut his down, there is no foul.

If he's cut TVA trees down, which I doubt, then that's between him & TVA

My question is...

If in fact, he's cut down a tract of trees to create this view of the lake..."now what"?

1. We can tell him to "stop", however, they're already cut down
2. Perhaps sue him for their value, not to really make any money but perhaps to make a point to him that we will not stand for those practices? (even if we don't win anything)
3. Buy a dilapidated old Ham Radio tower and install it right in the field of view?


If this is true that he cut a swath of our trees down to create this view, it would seem clear to me that the reason he did so would be so he could now state "lake view" and perhaps try to sell it for more, or maybe just make his current price more attractive.

He does not live there, NO ONE has ever lived there, this is a spec house plain & simple and he's trying to create the best selling atmosphere he can.


I don't even know who the builder is (yet).

Oh... on the opposite side of his land, (where we clearly do butt up together) someone has been cutting 100' of our side of the line so the drive in looks nicer.

In general, I don't mind that as I myself (when cutting grass for my dads apartment buildings) was told to do the very same thing so the ratty grass next door woudln't look like it was 'our' ratty grass.

Here, I've got to admit that I've not cut this parcel for a year and it was (is) looking really bad so I can't say I blame them for trying to widen the field of (pretty) view as you drive up.

Any thoughts on trees? I'm planning on going back there through the woods tonight if I can, with my wifes cousin so we can actually walk the path & see what it looks like up close. It's possible that from the lake, it was just a bad angle of view and I don't want to jump someone in error.

[shvl73]

If it is a spec house, the person cutting most likely is the developer and he should know where the property lines are. If this is true and he is cutting on your land, he clearly knows he is not doing it legally. I would take immediate action. Make sure you are clear on the facts first however.
I would not be pleased with anyone altering my property without my permission.

[ToadHill]

Check with your local extension office. In New York if someone cuts down timber on land they don't own, the damages can be up to 3 times the value of the timber.

[Charlesaf3]

I'd talk to the guy first - you can always escalate. Maybe get a fee from him for that timber? Or sell him the view easement?

Depends what you want out of that land - I can't tell.

[Richard]

Originally Posted by Charlesaf3

Depends what you want out of that land - I can't tell.

Simply left alone

[randy41]

you would need some proof as to who actually cut down those trees before any legal action since neither you nor your cousin actually saw the trees being cut down, unless the developer admits to it. if they turn out to be your trees i would seek retribution in an amount sufficient to plant new trees to restore what was there before.

[TheHammer]

First step is to see for yourself and get a clear picture of what happened. Are you familiar with the property lines and able to tell where the property lines are? If not, you need to find out and go from there.

[MossRoad]

You have posted so many problems with neighbors, boat launchers, ATVers, etc... over the years, I'd think you'd have fenced the place off by now, or at least cut a lane all the way around the outside edge and put up signs every 100' saying "Please leave me alone."

Go down there and take a look at it. If there is nothing on your place, good. If there are trees cut down on your place, tell him you want them all restored by this company...
Davey: Large Tree Moving

[Richard]

Originally Posted by MossRoad

You have posted so many problems with neighbors, boat launchers, ATVers, etc... over the years, I'd think you'd have fenced the place off by now, or at least cut a lane all the way around the outside edge and put up signs every 100' saying "Please leave me alone."

Like to but 'taint mine to do so. Been trying to talk Father in law into doing some things (like create a living trust and some kind of partnership for the farm for estate purposes).

deaf ears thus far. I don't mind chasing folks around but don't want to fork out $$ such that when the land passes to the next generation, the other 11 owners thank me for spending all that money to protect their land.

It's a black hole if I spend it. I have thought about mentioning to him that I do something like that at my expense however, I'd want a clause in his estate 'stuff' that I'd get a couple acres worth "X" as my specific repayment in doing so. Then I stop & think I'm being crass so I put that to rest.

[tractorErnie]

Lawyer time !!