Your Land is my Land

[turnkey4099]

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.

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It also goes out the window if you refuse him permission.

 

[dodge man]

I am a land surveyor and see this once in a while.

First off go ahead and get it surveyed. This sounds like your plan any way.

A couple of thoughts. I do notsee adverse possession used very often but it is possible. I can not step inside this guys head but I am guessing he is just not respecting your property line. He is probably just thinking he is not hurting anything.

Lots of good advice above. The best is probably just build a very stout fence and some cameras to check on it. Do not do anything that can be seen as damaging his property.

These things can get emotional sometimes. Try not to let it get to that point and let it get out of hand.

 

[JRobyn]

Extreme and expensive, but would be effective.....

http://www.belson.com/Concrete-Traffic-Barriers-and-Barricades

 

[aczlan]

Get your roundup going when wind will carry it into those grapes. Take away reason to be there. The grapes will be dead.

No .... don’t do that!

rlgustafson is correct. In New York for example, spraying Roundup near grapes is illegal and if it kills them you are responsible for the damages ( both the cost of the vines and the value of the fruit that would have been on the vines until the new vines are reestablished, read very expensive).


Aaron Z

 

[bcp]

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.

Who Can Claim Property Based on Adverse Possession in New York? | Nolo.com

After recent amendments to the adverse possession statutes in 2008, it has actually become somewhat more difficult to establish adverse possession in New York than in other jurisdictions. The legislature strengthened the “hostility” element to require that the trespasser have a reasonable belief that he or she has title to the disputed property.

Bruce

 

[aczlan]

Extreme and expensive, but would be effective.....

http://www.belson.com/Concrete-Traffic-Barriers-and-Barricades

That would be an option, most concrete places also have large concrete blocks that are 2 feet tall by 2 feet wide by 2, 4, or 6 feet long.
Most of the places around here charge $30 to $50 per block for the 6 foot long blocks. If you put a a 4' (1500-2000#] or 6' (1800-2500#) block 6" inside your property line in the middle of the driving lane for each row, that should get the message across.
If they are the type that has a steel loop at the top to lift with, you could have a welder come out and weld a piece of pipe across top of all of them to make a continuous barrier.
It wouldn't be cheap, but it would probably be cheaper than a lawyer, or a fence made with posts set in concrete and it should slow down most anything short of a bulldozer.

Aaron Z

 

[DB Pilot]

Great to see others who understand. I have told this guy several times that I would not do this to him if the situation were reversed. And I would feel better knowing I am working entirely on my own property. :thumbsup: I do know of that long standing 50+ page thread (helpful neighbor), WOW. At this point I really feel the Conservation officer is of great help. I don't want to end up being told by a Sheriff, Judge, Lawyer, etc. "what you should have done is...."

 

[Midniteoyl]

Make sure you document every interaction. If you see him over the line, film it or take a pic. If you talk to him, film it. I agree with the putting up of a couple of game cams and discreetly checking them every couple of days (nights). You should already have a survey recorded with the county, but getting one yourself to confirm doesn't hurt.

 

[ultrarunner]

Pulling up and tossing fence posts is aggressive disregard... UNLESS he feigns ignorance or holds the belief he is entitled.

The one idiot that was a thorn in my side was only a thorn for 6 years... he was crazy and I just happened to have the luck of sharing a rear property line... looked at my options and money was tight... so I didn't do much except brush cut the line...

Sure enough, he passed away and the new owners couldn't be nicer... change is constant.

 

[Thomas]

Knock and talk gentle ask him what he doesn't understand about staying of your land,than think about his answer/answers and if don't like put the pressure on sheriff.