Problems with Trespassers

[powerpace]

Lazy law enforcement. Assault has varying degrees from physical to verbal. Damage to property is a crime. So is criminal trespass. This means coming on to your property to commit a crime. e.g. property damage, physical confrontation to verbal abuse and a bunch of other crimes they committed. Lets throw in Menacing also.

In Oregon you don't go to court to determine who committed a crime on someones property. Someones going to jail or recieve a ticket when physical damage is done to property or individual.

If you are living in a house legally purchased and someone came to your door and came and caused trouble are the police going to ask you for the title of the property. No they will ask the person living there for ID (which usually has the address) and someone will go to jail. Simplified of course but residence and immediate posession usually takes precedence over someone with no proof in hand saying it is theirs.

 

[dave1949]

When people enter your property, push, shove, threaten and intimidate, that is not a civil dispute. It sounds like the local police are not willing or are afraid to enforce the laws. For whatever reason, your neighbors have no fear of breaking the law, or of any consequences from their actions.

I would begin by speaking with the Sheriff or Chief of Police in your area, explain the situation and say you are there to file charges, now. If they blow you off, file a complaint with the State Attorney General. You need to build a paper record of attempting to get the police to do their jobs, and that documents these occurrences.

 

[PMA]

And the 3rd call to the local media. Sheriffs don't like negative publicity. In SC you have to give notice of trespassing. The signs you put up is the notice. The police should have locked them up for trespassing, assault and battery at the least. Don't know about Kentucky, but SC if you feel your life or wife's life in danger, then I would at least get and carry a gun on the property. They seem mighty bold, wouldn't trust them at all. Are you from this area?

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[whistlepig]

Something doesn't sound right here.

 

[Morning Wood]

Can you hire a surveyor to post pins on the line so there is no misunderstanding? You definitely need to record every interaction u have with these people. I have a friend who has spent thousands in court just trying to use his right of way over a period of 10 years or so. U need to make sure you get a good lawyer who will go for the jugular quick and get things done. If those folks just want to keep on harrassing you chances are they will get away with It for awhile while the justice system runs its course. Too bad u just cant shoot them all and bury them on your new land. Sounds like they wouldn't be much of a loss to society anyway.

 

[PMA]

Ok sorry, saw where you are from the area.

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[vrmnthntr]

In MD any physical contact whether a four wheeler or a part of a persons body touching another is assault. Legally trespassing is either by way of posted property or being on the property after being told not to by the owner. That being said, they are both misdemeanors and if they did not occur in the police officers presence then the police cannot charge them. The victim would have to do that by going to court.

As far as the trespassing is concerned in court it could go either way. They could say, well you have documents saying the land is yours so therefore trespass did occur. If somehow the other party shows the property is there's from another surveyor or lie saying they weren't on the property then nothing would get done.

In MD the trespassing would be a civil issue if the police arrived. Surveyor or not. It would be up to the courts. No paper is honored unless signed by a judge in a civil matter.

Two different surveyors can have two different property lines (I had that problem when I had a survey done). Not to say that is your case. I believe you are just dealing with misfits. But that is why police here say its a civil matter.

My suggestion would be to file a civil complaint so it can be settled by a judge. If the police are called again at least you can show it has been settled in court.

No easy way. I am using the mobile app and it does not show your location. Every state is different.

 

[whistlepig]

It could be the "Good Ole Boy" situation also. The trespassers know the police or they know or are related to someone in the local court system or government. I got tangled up with that once.

 

[Timm250]

Can you hire a surveyor to post pins on the line so there is no misunderstanding? You definitely need to record every interaction u have with these people. I have a friend who has spent thousands in court just trying to use his right of way over a period of 10 years or so. U need to make sure you get a good lawyer who will go for the jugular quick and get things done. If those folks just want to keep on harrassing you chances are they will get away with It for awhile while the justice system runs its course. Too bad u just cant shoot them all and bury them on your new land. Sounds like they wouldn't be much of a loss to society anyway.

I am working on getting someone to survey & mark the line every 100ft so that I can put up a fence. I bought this to put cattle on to pasture.

 

[Timm250]

It could be the "Good Ole Boy" situation also. The trespassers know the police or they know or are related to someone in the local court system or government. I got tangled up with that once.

These people don't live on the property next to mine. They live about 8-10 mile away in another county & use this for a party place. This is on a dead end road & I am at the end. It is 7 miles to the nearest town. When you call the police it is usually at least 30 minutes before anyone shows up. They know this & try to get out before they show up. I had a situation where they stole the gate off of my other place & it took almost a month to get anything done. The county attorney sent them a letter telling them to stop trespassing.