Problems with Trespassers

[Timm250]

Timm:

While there has been a lot of advice given, I think there is one avenue left unexplored, which is the original real estate transaction where you bought the parcel.

I think you have a very good case that the seller of the property failed to disclose a material defect with the land, namely that his relatives would be very upset with the sale and may try to take some kind of action against you. Talk to a lawyer about this.

It may turn out that you can bring significant financial pressure against the seller, who clearly knows the remaining owners of the other 3 parcels. He, in turn, can put some pressure on his co-heirs. This may do a lot more good than all the law enforcement in the world.

At least consult with a real estate lawyer. Don't bother with the agent who represented you in the purchase. Real estate agents all know each other, and your agent will be reluctant to do anything jeopardizing their relationship with the selling agent. But a couple hundred $ to the right lawyer may produce amazing results.

As much as it may go against your grain, I would try to work out a deal, using the seller as a point of contact, where you might use your machinery to improve trails/parking on their remaining 3 parcels in exchange for them helping with the fence you want. Might prevent a lot of cut/damaged fences over the years...

The person that I purchased the property from is not related to the other 3.

He was simply one of the heirs.

This was a private sale. No agents & no real estate brokers. He said he would only sale to me. If I wasn't interested he would keep the land.

As far as fences by KY LAW property owners are required to build &/or help maintain the fence. When looking at the property line each property owner is responsible for maintaining the fence to the right of the center of that line.

Only one of the other 3 is an adjoining land owner to me.

 

[J F]

To the op, maybe I missed it, but why weren't assault/battery charges filed after the original "dust-up"? For "bumping" your wife with the ATV, at least? Did the cops refuse to file any charges? Or did you decline to file them?

 

[dusty3030]

Did you do a quit claim or get a warranty deed?

 

[CurlyDave]

The person that I purchased the property from is not related to the other 3.

He was simply one of the heirs...

Even if he is not related to them, he knows the other heirs, and may well be able to bring pressure on them.

I think it is still worth talking to an attorney. Even private sales should have to meet disclosure laws.

Or the attorney could advise you on how to approach the seller to help resolve the problem.

 

[kiotiken]

Even if he is not related to them, he knows the other heirs, and may well be able to bring pressure on them.

I think it is still worth talking to an attorney. Even private sales should have to meet disclosure laws.

Or the attorney could advise you on how to approach the seller to help resolve the problem.

It doesn't sound like they care for him much more than the OP and just because they're all heirs doesn't mean they like each other, let alone know each other. In fact, you really want to cause a ruckus, get inheritance involved.

I may have missed it, but was the survey done before or after the purchase. If it was done before and turns out to be incorrect, then there may be an avenue. Getting an indisputable survey is the first step.

These disputes can get out of control. This thread has to be the all time biggest example of that. The result is on page 35, post #344 - http://www.tractorbynet.com/forums/rural-living/14251-help-i-need-legal-advice.html

 

[wedge40]

Timm, not even the least bit envious of your situation. Like a lot of people on here, I have idea's of what I'd like to do in this case, but smart enought know better. I'm sure people have mentioned game cameras etc. another quick option is have the field plowed, and I mean plowed with a 14" or 16" plow. Last I would be to dig a huge ditch for drainage purposes. Good luck. The world is full of these kinds of people, and when I encouter them in my life I keep telling myself that karma will even things out.

Wedge

 

[Timm250]

To the op, maybe I missed it, but why weren't assault/battery charges filed after the original "dust-up"? For "bumping" your wife with the ATV, at least? Did the cops refuse to file any charges? Or did you decline to file them?

The police said there was nothing they could do because they didn't see it happen.

 

[brin]

To the op, maybe I missed it, but why weren't assault/battery charges filed after the original "dust-up"? For "bumping" your wife with the ATV, at least? Did the cops refuse to file any charges? Or did you decline to file them?

Jay...you got my point I was trying to make that I think was misunderstood....I would not ever allow anyone to harm my wife , threaten to harm her or otherwise cause her distress...and if I had been present and someone threatened her with anything....ATV or other...I would have used the force necessary to neutralize the threat and protect her....Now if I was not there and found out...I would see the DA and file charges as you suggest for assault and battery and if possible attempted murder....This is serious stuff.

 

[Timm250]

Did you do a quit claim or get a warranty deed?

Warranty deed. Did a normal full closing with a title search through an attorney. Everything checked out. This property has only changed hands 3 times since 1927.

 

[J F]

Yeah, I guess I'm just too ignorant of the law to understand how the cop didn't do something. Oh well, not the first time I've been ignorant of something. I really hope that the op can get this settled soon.

I don't really know what I would have done in the same situation, and I'm very surprised the "the perps" didn't escalate it any further than they did after the threats and "bumping", seems kind of strange that they just walked away...but they may have this drill down pat...god, I hate dirtbags.