Timm250
Gold Member
- Joined
- Sep 20, 2009
- Messages
- 448
- Location
- Western KY
- Tractor
- Kubota M6800 w/1600 hrs., Case Farmall 95 w/800 hrs., Long 2510 w/1100 hrs, Cat 236B2 Skidsteer w/1000 hrs
Sorry about being so long winded but a lot has happened in the last week. We closed on the 19.5 acres on April 29. I have been clearing the fields and for the most part everything has been quiet. At least it was until last Sunday.
The land was part of an estate that was surveyed & divided into 4 tracts & each heir took one tract. I bought the tract that joins our house property. The couple that we bought the land from are not related to the other 3 heirs. The other 3 heirs have been a problem since the first time I saw them. Knowing this I went ahead & posted the land & put up long pieces of orange surveyor tape at the signs so that they would not have any excuse for being on the property.
It took until 6/2/13 before the other 3 heirs realized the land had sold. So last Sunday while I was bush hogging they came over to the property with a group of about 8-10 people to go 4 wheeling om ATVs. They were on their property & when they came to the property line where I had put up the No Trespassing signs they stopped & pulled up the t-post with the no trespassing sign & wadded the aluminum sign up, took everything to over my house & threw it across the yard.
My wife went to see what was going on & one of them ran up against her with a 4 wheeler & was pushing her with it telling her to get off of the property because she had no business there. She told them we had bought it & for them to leave. They just laughed & said they would do whatever they wanted to & there was nothing she could do about it. My wife called the police & one of the neighbors saw what was happening & called my parents house. My Mom came to where I was bush hogging & told me so I went to see what was going on.
When I get there 3 of them had left & there was still 6-7 more there & they are all cussing & screaming at my wife & daughter. I ask my wife what's going on. She starts to tell me & they are still screaming & cussing. I told her to call the police & she said they are on their way. When the police finally get there they have gone back to their side of the property line. They tell the police that THEY OWN the property & that I won't let them on their property. I showed the police my deed, the survey plat & the survey marker next to the road. They said it doesn't mean anything to them & that it is a civil dispute because we both claim to own the land.
They tell the police they have a surveyor that will be there Monday morning to prove that they own the property. The officer tells me that he really can't do anything because they claim to own the property & they have already hired a surveyor. So finally they all leave & police talk to me while I am putting up more posts & signs then leave.
Fast forward about 2.5 hrs. & 2 of them come back (1 guy & his GF). They are tearing down the new posts & signs when I walk outside & see them. I tell them to get off the property again & the one that pulled up the t-posts starts toward me with 2 of them over his shoulder. As he gets about 20 feet from me he throws them in my direction & starts toward me with his fists doubled. I called the police again while he's cussing me & telling me what he's going to do. I hang up & tell him the police are on their way. He then starts walking toward my house & I'm still telling him to leave & get off my property. I got in front of him still telling him to leave so he starts pushing me trying to get past & I push back until he decides he's not going around me. While this is going on his GF is on the phone & about 5 minutes later an SUV with 5-6 more people show up. They park in the road & are climbing through the fence & start to swarm around me. They are cussing & a couple of them are in my face & pushing me. This went on for about another 10 minutes & one of them starts yelling we need to leave because the police are on their way. They all load up one grabbed my t-posts & signs put them in the SUV & take off. About 2-3 minutes later the police show up, I tell them they are gone & they ask what they are driving so I told him & he takes off after them. Turns out he had just passed them about 1/2 mile down the road & had back up on the way & they were able to catch them. I waited over an hour before he came back & then he tells me the same thing this is a civil matter you need to settle it in court instead of calling us.
Their surveyor never showed up so I called him to ask when he would be there. He said that he told them that the property corner was correct. They said they aren't & they want them moved. He told them that if they wanted him to do any more work they would have to pay for it. SO they tell him that he didn't finish the job & he needs to put markers on the line so they can see it. Again he said he told them he had done the job that they paid for & if they want more they will need to pay for it. They cussed him out & hung up.
I have talked to a couple of attorneys about what I need to do to keep them off my property & they said to file a civil trespass lawsuit. This would allow the judge to rule & then if they come back on the property they could be charged with contempt of court for violating a court order. The only thing is they expect it to take 12-18 months to go through the court system & cost $8-10,000 or more depending on how hard they fight it.
I have also been told by a mutual acquaintance that when the police stopped them the GF that came back the 2nd time had a bag of pot in her possession but they let her go because she was 2 months away from being 18????
The land was part of an estate that was surveyed & divided into 4 tracts & each heir took one tract. I bought the tract that joins our house property. The couple that we bought the land from are not related to the other 3 heirs. The other 3 heirs have been a problem since the first time I saw them. Knowing this I went ahead & posted the land & put up long pieces of orange surveyor tape at the signs so that they would not have any excuse for being on the property.
It took until 6/2/13 before the other 3 heirs realized the land had sold. So last Sunday while I was bush hogging they came over to the property with a group of about 8-10 people to go 4 wheeling om ATVs. They were on their property & when they came to the property line where I had put up the No Trespassing signs they stopped & pulled up the t-post with the no trespassing sign & wadded the aluminum sign up, took everything to over my house & threw it across the yard.
My wife went to see what was going on & one of them ran up against her with a 4 wheeler & was pushing her with it telling her to get off of the property because she had no business there. She told them we had bought it & for them to leave. They just laughed & said they would do whatever they wanted to & there was nothing she could do about it. My wife called the police & one of the neighbors saw what was happening & called my parents house. My Mom came to where I was bush hogging & told me so I went to see what was going on.
When I get there 3 of them had left & there was still 6-7 more there & they are all cussing & screaming at my wife & daughter. I ask my wife what's going on. She starts to tell me & they are still screaming & cussing. I told her to call the police & she said they are on their way. When the police finally get there they have gone back to their side of the property line. They tell the police that THEY OWN the property & that I won't let them on their property. I showed the police my deed, the survey plat & the survey marker next to the road. They said it doesn't mean anything to them & that it is a civil dispute because we both claim to own the land.
They tell the police they have a surveyor that will be there Monday morning to prove that they own the property. The officer tells me that he really can't do anything because they claim to own the property & they have already hired a surveyor. So finally they all leave & police talk to me while I am putting up more posts & signs then leave.
Fast forward about 2.5 hrs. & 2 of them come back (1 guy & his GF). They are tearing down the new posts & signs when I walk outside & see them. I tell them to get off the property again & the one that pulled up the t-posts starts toward me with 2 of them over his shoulder. As he gets about 20 feet from me he throws them in my direction & starts toward me with his fists doubled. I called the police again while he's cussing me & telling me what he's going to do. I hang up & tell him the police are on their way. He then starts walking toward my house & I'm still telling him to leave & get off my property. I got in front of him still telling him to leave so he starts pushing me trying to get past & I push back until he decides he's not going around me. While this is going on his GF is on the phone & about 5 minutes later an SUV with 5-6 more people show up. They park in the road & are climbing through the fence & start to swarm around me. They are cussing & a couple of them are in my face & pushing me. This went on for about another 10 minutes & one of them starts yelling we need to leave because the police are on their way. They all load up one grabbed my t-posts & signs put them in the SUV & take off. About 2-3 minutes later the police show up, I tell them they are gone & they ask what they are driving so I told him & he takes off after them. Turns out he had just passed them about 1/2 mile down the road & had back up on the way & they were able to catch them. I waited over an hour before he came back & then he tells me the same thing this is a civil matter you need to settle it in court instead of calling us.
Their surveyor never showed up so I called him to ask when he would be there. He said that he told them that the property corner was correct. They said they aren't & they want them moved. He told them that if they wanted him to do any more work they would have to pay for it. SO they tell him that he didn't finish the job & he needs to put markers on the line so they can see it. Again he said he told them he had done the job that they paid for & if they want more they will need to pay for it. They cussed him out & hung up.
I have talked to a couple of attorneys about what I need to do to keep them off my property & they said to file a civil trespass lawsuit. This would allow the judge to rule & then if they come back on the property they could be charged with contempt of court for violating a court order. The only thing is they expect it to take 12-18 months to go through the court system & cost $8-10,000 or more depending on how hard they fight it.
I have also been told by a mutual acquaintance that when the police stopped them the GF that came back the 2nd time had a bag of pot in her possession but they let her go because she was 2 months away from being 18????
