Another Neighbor Question

riptides · May 31, 2012

Re: Another Ahole Neighbor Question

You do realize that sometimes no matter how "nice" you play, the other person is just a wacko and will do anything and everything they can, just because they believe they are "correct" and "right"?

JRobyn · May 31, 2012

Re: Another Ahole Neighbor Question

riptides said:
You do realize that sometimes no matter how "nice" you play, the other person is just a wacko and will do anything and everything they can, just because they believe they are "correct" and "right"?

I see you have met my ex-wife :-/

deerefan · May 31, 2012

JRobyn said:
I see you have met my ex-wife :-/

Ha! Now thats funny right there!!

dmccarty · May 31, 2012

Re: Another Ahole Neighbor Question

deerefan said:
Ha! Now thats funny right there!!

:thumbsup:

Later,
Dan

Redbug · May 31, 2012

Re: Another Ahole Neighbor Question

Ha...I know what you guys have been through...

Jstpssng · Jun 1, 2012

Re: Another Ahole Neighbor Question

impdaddy said:
I know I can count on varying opinions as to what to do here.

Background: I have a neighborhood bully who wanted to drive across my property to get to his although there was another road 20 yards away that he has been using and maintaining. We told him no and he sued us for a prescriptive easement. The case is almost a year old with no progression. His property line is about 100 feet from our house/cabin.

So for the past 2 weeks before Memorial Day, I was building a nice 20' x 12' deck off the house. Saturday we smelled a fishy smell that was bad. Lo and behold he had dumped about 30 - 40 dead fish and parts on his side of the property. He has done this twice previously in small amounts (3-5 fish) and we just shoveled it up and disposed of it properly. This time it was overboard. We called the Nebraska Game and Parks Game Warden to file a complaint because it was disposed along "a body of water" a direct violation of game laws.

My question. What would you guys do? Load it into the bucket of my tractor (Tie to TBN) and dump it on his front porch? let the law handle it? or???? BTW he has about 225 acres where he can dispose of this stuff. I have to leave soon but will check back in the morning for your thoughts.

Thanks TBN'rs.

I am rather curious what, if any, grounds he has to try to claim an easement across from your property. Aside from that, I think you've gotten good advice from those who said to let the law run it's course.

Every time I read a post like this, I find myself thankful that I have good neighbors.

wedge40 · Jun 1, 2012

Re: Another Ahole Neighbor Question

Jstpssng said:
I am rather curious what, if any, grounds he has to try to claim an easement across from your property. Aside from that, I think you've gotten good advice from those who said to let the law run it's course.

Every time I read a post like this, I find myself thankful that I have good neighbors.

Ditto.

If there is no legal reason for him to have access to your property I would make it inaccessible or at least a potentially hazardous. (ie flat tires)

Wedge

impdaddy · Jun 4, 2012

Re: Another Ahole Neighbor Question

It has become impassible with the trees we planted. He thinks cuz he drove there 25 yrs ago he still can. Unless and until a judge tells me different he will not pass. Sheriff will be called again.

Jstpssng · Jun 4, 2012

Re: Another Ahole Neighbor Question

impdaddy said:
It has become impassible with the trees we planted. He thinks cuz he drove there 25 yrs ago he still can. Unless and until a judge tells me different he will not pass. Sheriff will be called again.

:thumbsup: Good answer.

I did have an old road across my property, which was used for years until I turned it back into a field last fall. I never had any problems, but it was well known that it would be closed the first time something went wrong.
Adverse possession is a tough case to prove, sounds like you have nothing to worry about.

two_bit_score · Jun 4, 2012

Re: Another Ahole Neighbor Question

impdaddy said:
It has become impassible with the trees we planted. He thinks cuz he drove there 25 yrs ago he still can. Unless and until a judge tells me different he will not pass. Sheriff will be called again.

Why is your lawyer allowing this to drag out?

.

AGGIE00 · Jun 4, 2012

Re: Another Ahole Neighbor Question

"Nuisance is one of the oldest causes of action known to the common law, with cases framed in nuisance going back almost to the beginning of recorded case law. Nuisance signifies that the "right of quiet enjoyment" is being disrupted to such a degree that a tort is being committed."

This or trespassing is your only legal recourse. We live out in the county and a group of idiots bought the adjacent 130 acres to establish a live action role play park where they run around playing dungeons and dragons. We are building a nuisance case against them but it takes time and a lot of documentation.

Brand Name · Jun 4, 2012

Re: Another Ahole Neighbor Question

AGGIE00 said:
We live out in the county and a group of idiots bought the adjacent 130 acres to establish a live action role play park where they run around playing dungeons and dragons. We are building a nuisance case against them but it takes time and a lot of documentation.

Lol! Aggie that really has to be terrible. Some of those guys "practice" right around the corner from my sister-in-law in Houston. I can only imagine how annoying it would be to have them as neighbors.

As for the OP, I have been involved in a similar situation. The best advice has already been given, don't touch his property, smile, and document.

joshuabardwell · Jun 4, 2012

Re: Another Ahole Neighbor Question

AGGIE00 said:
We are building a nuisance case against them but it takes time and a lot of documentation.

What are they doing that rises to the level of nuisance? LARP'ing isn't my thing, but if they've got 130 acres, it's hard to believe they can't find room to do it without bothering you. Is it parking?

AGGIE00 · Jun 5, 2012

Re: Another Ahole Neighbor Question

joshuabardwell said:
What are they doing that rises to the level of nuisance? LARP'ing isn't my thing, but if they've got 130 acres, it's hard to believe they can't find room to do it without bothering you. Is it parking?

All their games are right on the property line and not back in the woods. Based on what I have read they are about more than dungeons and dragons and I don't want all the rif raf from Ft Worth and Austin around my property every month. They have burned under a burn ban and caused a large fire and leave bottles and cans laying everywhere. Most of all though, I moved to the country to get away from stupid people and somehow they found us from Austin. Nuisance is subjective and I'm feeling it.

impdaddy · Jun 18, 2012

Re: Another Ahole Neighbor Question

Here is an update on the idiot. Sitting on the new deck saturday night and lo and behold, smell dead fish again. 2 new dump locations. Called the Game Warden again. Still working within the law. I'll bet that any dumba$$ that runs a 'hunt club' doesn't really want to pi$$ off the local Game Warden. And I surmise that he has done that since the GW last visit.

Will keep you all posted.:thumbsup:

lilranch2001 · Jun 18, 2012

Re: Another Ahole Neighbor Question

Jstpssng said:
I am rather curious what, if any, grounds he has to try to claim an easement across from your property. Aside from that, I think you've gotten good advice from those who said to let the law run it's course.

Every time I read a post like this, I find myself thankful that I have good neighbors.

10/4
:thumbsup:

lilranch2001 · Jun 18, 2012

Re: Another Ahole Neighbor Question

impdaddy said:
Here is an update on the idiot. Sitting on the new deck saturday night and lo and behold, smell dead fish again. 2 new dump locations. Called the Game Warden again. Still working within the law. I'll bet that any dumba$$ that runs a 'hunt club' doesn't really want to pi$$ off the local Game Warden. And I surmise that he has done that since the GW last visit.

Will keep you all posted.:thumbsup:

Might wanna get PETA involved :laughing:

1bush2hog · Jun 18, 2012

Re: Another Ahole Neighbor Question

Can you fence that area off and put a few large aggressive dogs in there? Don't forget the beware of dog signs

Marty38 · Jun 18, 2012

deerefan said:
Shoot him. Just kidding. Document, document, document. Take a lot of pics and stay in close contact with your attorney.

Bingo. And be patient. I had similar yet different issues in getting my property returned. Document. Photograph , etc. Unfortunately it took a lawyer, an actual good guy , and 10 mins with my demesis in his War Room and it was done. Mostly from documentation and photographs.

Tollster · Jun 18, 2012

Re: Another Ahole Neighbor Question

I think he is tresspassing on your property and I would actively pursue charges,combined with a very good trail cameraor a couple for that matter placed where he will not find them. I would focus on your cabin and the srea he believes he owns and build a solid case,then present it. Keep it well documanted and don;tlet him drive you out of what you have a right too. Be sure to keep an active timeline of all issues, and back it up with the police as needed and get compies of their reports.
Be aware in rural areas the law may not respond after coming out so many time for no issues, as well as any kin folk and friendships within the law in the local community,you may have to have the sate police intervene if this is the case.

Be sure to post your poperty, and a few roofers in the area he like to tresspass would not be out a place,butit would not really be the high road either.