Your Land is my Land

[DB Pilot]

I've been asking my grape farming neighbor to stop running his tractors, trucks, cars, wagons, sprayers, etc. on my property to tend his grape rows for seven years now. To no avail, so this year I posted the property and put t-posts up to block the equipment. He has pulled up the posts and signs twice now throwing them into my field. I had the county sheriff talk to him and he keeps doing whatever he wants. Property line is not in dispute. He just doesn't care. Inconsistently says you can come on my property and next time says stay off and the says he doesn't care if I hunt his property. So unsure how stable this guy is. The grape row ends are 1 foot from his chosen line.

During questioning about this problem I was asked why isn't the property surveyed? Well, it will be next week. But the neighbor walked the line with me seven years ago and told me where the line is and I said I wasn't sure. So the grapes, a recently dug drainage ditch and signs are all on his side but his equipment runs on my side. Things are starting to heat up and not sure where to go from here. I think a fence will be run down. I'm thinking of my own deep as I can drainage ditch after the official survey.

 

[DB Pilot]

Yes he comes in on his own 75 acres. When he gets to the end of the row he has to come onto mine. When he does repairs he parks his truck on my property. 2 or 3 years ago he started mowing my side. I expect to make it a nicer work area for himself. I also keep it mowed but sometimes he beats me to the punch. He is younger than me and I am thinking he is setting up an adverse possession case in the future. He is trespassing, mowing it and openly and continuously using it. I think it is more but conservatively it is 1500' x 25'.

I have suggested that when a row needs repair why not repair the row back and not one foot from the property line and then over some time the problem will be resolved. Nope, he repairs right to the line.

 

[oosik]

I would suggest due caution. Sounds as if the neighbor is slightly off balance and you don't want to start a major incident with him.

 

[smstonypoint]

I'm guessing that trespass and adverse possession statutes differ across states. I would consult an attorney after the survey is complete -- he/she would advise you as to the course of action you should take to protect your property rights. *

I had a neighbor who was trespassing on my property. When I approached her about the issue, she claimed she was part Native American and therefore didn't recognize property lines. I was tempted to tell her I was Scots-Irish and we "shoot and ask questions later." What goes around comes around -- she lost her farm via foreclosure.


Steve


* I am a non-attorney spokesperson for the law firm of Dewey, Cheatham, and Howe.

 

[sixdogs]

Let me offer a different approach. Try to find out what motivates the farmer and it's likely something other than farming. Try not to raise the ante right now.

There is a book by a former private investigator and advisor to the stars etc that explains what motivates people to do the things they do and how to get them to stop doing it. A friend told me it is required reading for some higher up federal police types. It's The Gift of Fear by Gavin de Becker. and you can get it at the library. After a slow start for the first 20 pages, I couldn't put it down. It may help solve many of the problems people face in these kinds of situations. Just my two cents and better than guessing what the real problem is. Can't hurt.

 

[Looking4new]

I am definitely going to follow this thread.

 

[Deere Dude]

. The grape row ends are 1 foot from his chosen line.

During questioning about this problem I was asked why isn't the property surveyed? Well, it will be next week. But the neighbor walked the line with me seven years ago and told me where the line is and I said I wasn't sure. So the grapes, a recently dug drainage ditch and signs are all on his side but his equipment runs on my side. Things are starting to heat up and not sure where to go from here. I think a fence will be run down. I'm thinking of my own deep as I can drainage ditch after the official survey.

You are correct, survey first then squawk.

He maximizes his property by ending rows one foot from the boundary, then uses your property for a road, that is nuts. I am sure he doesn't ant you on his property picking grapes. And I woyuld also know I would not use any of his property for hunting, invited or not. Sounds like it will be a case of the Hatfield and McCoys.

Even so, I think I would put t-posts a few inches on my side and set up a game camera for evidence of destruction when it goes to court.

 

[smstonypoint]

You are correct, survey first then squawk.
...............
Even so, I think I would put t-posts a few inches on my side and set up a game camera for evidence of destruction when it goes to court.

Sound advice, but camouflage the camera(s) -- it sounds like your neighbor is capable of theft as he has no respect for your property.

Steve

 

[Ortimber]

Interesting thread.

I read just a little bit about adverse possession.
Pretty scary. However, if you give someone written permission to use your land, signed by you and the neighbor, adverse possession goes out the window.

Unfortunately this does not solve your current situation. Posting no trespassing signs and calling the sheriff is the logical step right now.

 

[Gem99ultra]

I've been asking my grape farming neighbor to stop running his tractors, trucks, cars, wagons, sprayers, etc. on my property to tend his grape rows for seven years now. To no avail, so this year I posted the property and put t-posts up to block the equipment. He has pulled up the posts and signs twice now throwing them into my field. I had the county sheriff talk to him and he keeps doing whatever he wants. Property line is not in dispute. He just doesn't care. Inconsistently says you can come on my property and next time says stay off and the says he doesn't care if I hunt his property. So unsure how stable this guy is. The grape row ends are 1 foot from his chosen line.

During questioning about this problem I was asked why isn't the property surveyed? Well, it will be next week. But the neighbor walked the line with me seven years ago and told me where the line is and I said I wasn't sure. So the grapes, a recently dug drainage ditch and signs are all on his side but his equipment runs on my side. Things are starting to heat up and not sure where to go from here. I think a fence will be run down. I'm thinking of my own deep as I can drainage ditch after the official survey.

That's a areal ugly problem, for sure. Its obvious that he knows that he's arbitrarily using your land for his own use; he just doesn't care. Short of just using your tractor to run over a few rows of his grape vines, and AFTER getting the survey done and verifying that it is in fact your land I'd take steps to discourage his actions.

I had a similar problem with 4-wheelers and dirt bikers running all over my place. Their entrance was a single and only trail leading in from the very thick forest at the back of my property. I've had a number of people bragging to me that they'd been doing that all their life. hmm - maybe previous owners didn't mind, but I do have a problem with unknown people riding on my place without even knowing who they are, or why they're here. Telling them that it was NOT okay fell on deaf ears.

Finally I place metal fence post every 3' across the entrance. And in between each post I inserted metal posts cut off to about 6" high, painted white, driven 2'-3' into the ground. Those are too low to simply snag and uproot, but high enough to really tear up a tire, be it a 4-wheeler, dirt bike or whatever. There are, of course, No Trespassing signs before, on and past the blockade. That's done the trick now for well over a year - no more unwelcome trespassers.

There may be some liability in my design of the blockade, I don't know. It surely can't be looked upon as a 'booby trap, and being signed, blocked with 4' high intermediate posts. But that's better than having defiant trespassers simply taking ownership of my property. Your opinion, of course, is welcome.