goeduck
Super Member
The Lookie Loos will now be legal, people you can’t tell not the drive on the road. My shared driveway (4 houses) was privately paid for but we can stop cars on it and ask them what they are up to, who they are looking for etc.
Your Land is my Land
- Thread starter DB Pilot
- Start date
- Views: 85606
The Lookie Loos will now be legal, people you can’t tell not the drive on the road. My shared driveway (4 houses) was privately paid for but we can stop cars on it and ask them what they are up to, who they are looking for etc.
WoodChuckDad
Elite Member
- Joined
- Jul 15, 2015
- Messages
- 2,892
- Location
- Free Union, VA
- Tractor
- Kioti RX7320 Power Shuttle Cab, Komatsu PC130-6
DB Pilot, I spent a couple hours reading all of this thread. Started last night and finished just now. I'm glad you are patient and wise enough not to do something stupid that would get you in trouble with the law. You already pointed out that you probably should have dealt with this earlier but you were trying to handle it "neighborly". I can relate. I am new to owning property. I have owned houses before but only had land for the last 3 years.
I have made a number of mistakes in the way I dealt with people. Too friendly and open with neighbors about what I am doing with the land. Too trusting. I have made bad deals on the way I got my timber cut and cleared. Poor choices on who I hired as a forester, bad decisions on loggers, allowed poor follow up and in-adherence to contracts.
I have erred on the side of being a good neighbor and that has a cost to it. But I'm learning. my scales are getting thicker and I'm learning. I like being nice. But I have found that people need to be shown my teeth early on, just so they know I have some. You don't actually have to bite. You are simply setting realistic expectations. And you have to understand that just because you see something as reasonable, doesn't mean others do.
The neighbor you are dealing with is a jerk. And he is a thief. He is stealing use of your land. He didn't pay for it but he is taking use of it as he wishes. He is stealing the fruit of your labor. If you guys had something worked out ahead of time, it would be different, but you didn't, so it isn't different. The original guy who had the grapes planted should have fixed it right away when he realized they went all the way to your property(unless that was his original intent). This guy should have checked to make sure he could drive on your property before buying the place ( I gathered that this was how it all occurred, but I may have misunderstood the sequence of events.).
His attitude about the situation is terrible and the Sheriff is not living up to his job. You are getting the survey and the lawyer. And I'm sure the next time something like this happens you will still be nice. But you will probably be more firm. It is unfortunate but the world makes us a little rougher with each other the longer we live, just to get by.
I mark my property each year, and walk the line a couple times a year. I'll keep doing that till I'm too old to walk it and hopefully I will have my grandkids walking it by then. Good luck. You are right and that guy is wrong.
I have made a number of mistakes in the way I dealt with people. Too friendly and open with neighbors about what I am doing with the land. Too trusting. I have made bad deals on the way I got my timber cut and cleared. Poor choices on who I hired as a forester, bad decisions on loggers, allowed poor follow up and in-adherence to contracts.
I have erred on the side of being a good neighbor and that has a cost to it. But I'm learning. my scales are getting thicker and I'm learning. I like being nice. But I have found that people need to be shown my teeth early on, just so they know I have some. You don't actually have to bite. You are simply setting realistic expectations. And you have to understand that just because you see something as reasonable, doesn't mean others do.
The neighbor you are dealing with is a jerk. And he is a thief. He is stealing use of your land. He didn't pay for it but he is taking use of it as he wishes. He is stealing the fruit of your labor. If you guys had something worked out ahead of time, it would be different, but you didn't, so it isn't different. The original guy who had the grapes planted should have fixed it right away when he realized they went all the way to your property(unless that was his original intent). This guy should have checked to make sure he could drive on your property before buying the place ( I gathered that this was how it all occurred, but I may have misunderstood the sequence of events.).
His attitude about the situation is terrible and the Sheriff is not living up to his job. You are getting the survey and the lawyer. And I'm sure the next time something like this happens you will still be nice. But you will probably be more firm. It is unfortunate but the world makes us a little rougher with each other the longer we live, just to get by.
I mark my property each year, and walk the line a couple times a year. I'll keep doing that till I'm too old to walk it and hopefully I will have my grandkids walking it by then. Good luck. You are right and that guy is wrong.
radios1
Elite Member
the OP lives in new York, so, all he has to do is fence in his property, and if someone enters, it's a class B Misdemeanor, a crime, punishable by jail, so the Police WOULD have jurisdiction.. New York Consolidated Laws, Penal Law - PEN SS 14 .1 | FindLaw the problem he has right now, is his property is not fenced in, so it's basically a free for all..
MossRoad
Super Moderator
- Joined
- Aug 31, 2001
- Messages
- 58,222
- Location
- South Bend, Indiana (near)
- Tractor
- Power Trac PT425 2001 Model Year
The OP doesn't know for sure if he even owns the land in question without the survey, so, as so many have already pointed out, he shouldn't do anything until that survey is complete and recorded with the county offices where he lives.
He also has stated that anything he has erected has been torn down; and that the local law has stated they are unable to do anything about it.
(The guy also came in his baler and stole hay which had been cut, dried and windrowed; that shows how much he is accustomed to getting away with,)
Streetcar
Veteran Member
Building a private road is not hard, getting the government to take over and pave it is the hard part
pmsmechanic
Elite Member
- Joined
- Dec 6, 2013
- Messages
- 4,226
- Location
- Southern Alberta, Canada
- Tractor
- 4410 and F-935 John Deere, MF 245
Who needs the government to pave anything. What I was pointing out is that if your community can get together enough to build a road you could have gotten together enough to pave it too. Then you would have had your own paved private road that you have control over. Now the local government has the control because you gave it to them.
daugen
Epic Contributor
I have not read all the posts, but perhaps I can add something helpful.
I have a similar problem with an abutting neighbor, except this guy said he would move his piles of construction material, bricks. old raised garden frames, just crap you throw "out back".
Well out back just so happens to be my land. Property is basically square, 24 acres, half woods and swamp/pond. One side faces small residential community with backyards abutting my land.
I did not have a survey done when I bought the land. Big mistake. Original survey was off 30 feet on one side and a nice wooden bridge over a six foot deep drainage ditch
all of a sudden was no longer on my property. I lost the bridge... Well part of that $3k surveying was confirming where the line was in the backyards of these houses, all of whom I bet thought their land went back into the woods. No, not one little bit. I actually own into some of their lawns they all have encroached. Plus of course they have thrown their brush and junk "over the line" since of course no one complained. One guy has an old boat in my woods...
I talked with the one fellow with his piles on my place two years ago and he promised to move them, just retired, would get to it.
I just know I'm going to walk back there and see nothing has taken place.
And it will cost me another thousand bucks likely to have that side of my property restaked with about three times more line stakes so there is zero question where the line is.
Big white plastic pipes, ugly but very visible. I can see none of this from my inner property, 8 acres cleared out of woods.
Then lots of pictures take...a letter to the abutting owner, 30 days. Then a filing for Trespass if need be.
And if someone puts me through that, I've got lots of rolls of barb wire in my barn I can string along that line, just like it used to be to keep the
prior owner's horses in and critters out. That will be one nasty fence, and I can't see it at all from my home.
Paybacks sometimes can be "educational".
I'd much, much rather shake the guys hand and thank him for doing what he said he would do.
I always want to believe in folks, and then you get played.
I think surveyors and fences solve all problems. Most annoying to have to shell out all that money just because
others are selfish idiots.
And if OP actually needs a drainage ditch there, well that
would be an excellent farmland oriented solution. Where I live it's all about moving the water off flat land, so
ditches are everywhere. No one is going to drive a tractor into a three foot deep ditch...
I have a similar problem with an abutting neighbor, except this guy said he would move his piles of construction material, bricks. old raised garden frames, just crap you throw "out back".
Well out back just so happens to be my land. Property is basically square, 24 acres, half woods and swamp/pond. One side faces small residential community with backyards abutting my land.
I did not have a survey done when I bought the land. Big mistake. Original survey was off 30 feet on one side and a nice wooden bridge over a six foot deep drainage ditch
all of a sudden was no longer on my property. I lost the bridge... Well part of that $3k surveying was confirming where the line was in the backyards of these houses, all of whom I bet thought their land went back into the woods. No, not one little bit. I actually own into some of their lawns they all have encroached. Plus of course they have thrown their brush and junk "over the line" since of course no one complained. One guy has an old boat in my woods...
I talked with the one fellow with his piles on my place two years ago and he promised to move them, just retired, would get to it.
I just know I'm going to walk back there and see nothing has taken place.
And it will cost me another thousand bucks likely to have that side of my property restaked with about three times more line stakes so there is zero question where the line is.
Big white plastic pipes, ugly but very visible. I can see none of this from my inner property, 8 acres cleared out of woods.
Then lots of pictures take...a letter to the abutting owner, 30 days. Then a filing for Trespass if need be.
And if someone puts me through that, I've got lots of rolls of barb wire in my barn I can string along that line, just like it used to be to keep the
prior owner's horses in and critters out. That will be one nasty fence, and I can't see it at all from my home.
Paybacks sometimes can be "educational".
I'd much, much rather shake the guys hand and thank him for doing what he said he would do.
I always want to believe in folks, and then you get played.
I think surveyors and fences solve all problems. Most annoying to have to shell out all that money just because
others are selfish idiots.
And if OP actually needs a drainage ditch there, well that
would be an excellent farmland oriented solution. Where I live it's all about moving the water off flat land, so
ditches are everywhere. No one is going to drive a tractor into a three foot deep ditch...
Slowpoke Slim
Elite Member
- Joined
- Jan 6, 2017
- Messages
- 3,629
- Location
- Bismarck, ND
- Tractor
- Husqvarna YTH24V48 riding mower, Branson 3725CH
That is a complete misstatement.
Both the OP AND the neighbor are in complete agreement on where the property boundary is located. The neighbor KNOWS he's trespassing, he just doesn't care.
The ONLY thing the survey will do is to give legal ammunition to the OP's new lawyer, so he can then drain the OP's pocket book during a likely YEARS LONG legal battle with the neighbor, to try to get him to stop doing something he already KNOWS he shouldn't be doing in the first place.
To each their own.
daugen
Epic Contributor
[QUOTE=Slowpoke Slim;5103449]That is a complete misstatement.
Both the OP AND the neighbor are in complete agreement on where the property boundary is located. The neighbor KNOWS he's trespassing, he just doesn't care.
The ONLY thing the survey will do is to give legal ammunition to the OP's new lawyer, so he can then drain the OP's pocket book during a likely YEARS LONG legal battle with the neighbor, to try to get him to stop doing something he already KNOWS he shouldn't be doing in the first place.
To each their own.[/QUOTE]
isn't that why you need a fence? Serious question. At least spend the money on something useful.
Both the OP AND the neighbor are in complete agreement on where the property boundary is located. The neighbor KNOWS he's trespassing, he just doesn't care.
The ONLY thing the survey will do is to give legal ammunition to the OP's new lawyer, so he can then drain the OP's pocket book during a likely YEARS LONG legal battle with the neighbor, to try to get him to stop doing something he already KNOWS he shouldn't be doing in the first place.
To each their own.[/QUOTE]
isn't that why you need a fence? Serious question. At least spend the money on something useful.
