Your Land is my Land

[lostcreekranch]

Get a good lawyer, board certified in Real Estate, one that you have confidence in his/her ability and credentials.

Take only his/her advice.

All the advice you get here on this forum is worth exactly what you have paid for it! -0-

Doubt the OP came here for “legal advice”.

 

[Doofy]

Get a good lawyer, board certified in Real Estate, one that you have confidence in his/her ability and credentials.

Take only his/her advice.

All the advice you get here on this forum is worth exactly what you have paid for it! -0-

No one has been offering legal advice...only opinions.

 

[lostcreekranch]

No one has been offering legal advice...only opinions.

True.

 

[Overtaxed]

Didn't read all 35 pages of this to see if it was suggested or not, but how about, right on the property line, digging a big drainage ditch? Like 2-3' wide, 4' deep; something a tractor will not be able to cross under any conditions?

 

[Oldoak]

Get a good lawyer, board certified in Real Estate, one that you have confidence in his/her ability and credentials.

Take only his/her advice.

All the advice you get here on this forum is worth exactly what you have paid for it! -0-

:thumbsup:

That and a property survey which no doubt will be one of the first things the lawyer is going to be looking for.

 

[Slowpoke Slim]

Get a good lawyer, board certified in Real Estate, one that you have confidence in his/her ability and credentials.

Take only his/her advice.

All the advice you get here on this forum is worth exactly what you have paid for it! -0-

Yup. Just know going into it, that your new lawyer is going to be an EXPERT at emptying your wallet.

 

[downslope]

That and a property survey which no doubt will be one of the first things the lawyer is going to be looking for.

Yup, and when the attorney starts writing letters to the neighbor I might consider an offer to allow him this one final season to tend to the crop and harvest it before he has to correct the situation. I would also follow the lawyer's advice on how to effectively define and fortify the property line(s) and what the future process will be if the transgressions continue.

Usually attorneys desire photo evidence of the actual encroachment; it should be easy enough to get some pictures during the busy spraying and harvest phases. In my case the attorney actually walked the property line himself to see what was going on; it lends more weight to the arguments they may present before local boards or in court, if it comes to that. Of course, all of this can add up to serious expenses.

 

[Oldoak]

Doubt the OP came here for “legal advice”.

No body here is giving "legal advice". Some people are recommending to seek legal advice from a qualified real estate attorney.

Apparently, after 35 pages, this thread has run it's course for the time being, and has turned into a debate among followers until the O.P. posts an update.

 

[zzvyb6]

I just went through this last week with a cable company trespass. There are NO easements on my 25 acres, not even for the road. Your deed records it all. My county publishes not only the legal description of all properties but the surveyed latitude and longitude of each corner and neighboring lot markers. So, I'm surprised to find a fresh survey nail with a pink ribbon 100' south and 37' west of my well established corner monument (a 4" concrete cylinder). The marker has letters indicating a "hand hole" placement which usually means a fiber optic junction box.

Ain't gonna happen. I found out who the surveyers were by calling just about every one in town. Turns out it was just a reference marker used because of visibility needs. A careless choice of nails, too.

But, find out if your property line is actually what you think it is. I have used Google Earth to get measurements within a foot of what my legal description is. Make some measurements and check what you can.

When you have the property surveyed, ask that permanent concrete monuments be placed with brass I.D. labels on them. Take pictures of their locations because your 'friend' may actually attempt to move them (and succeed). Moving or removing a survey marker is a crime in my county. Not sure about the State. And surveyers have legal rights to access properties without notification.

Not sure what my next steps would be in your case, but make sure you have registered letters to the neighbor protesting his trespass. The courts will want and need to see this evidence.

BTW: In my first trespass court case (MediaOne Cable company) courts awarded $1000 per day for 'rent' of my poles as real damage with the cable company forbidden to come on to my property to remove their guy wire and cable. After MUCH deliberation, planning, safety studies, scrap yard value estimates, an organized neighborhood meeting a vacation and some dog training, I carefully and meticulously used my trusty shotgun to drop the wires. I was a VERY time consuming ordeal, but did not trouble my heart one bit to cash the check from the District Court.

You probably will wind up in court. My survey: $5500, my lawyer fees (She is know as a barracuda): $9000, value of the experience: Priceless ! Even raccoons are afraid to trespass now.

 

[buckeyefarmer]

Didn't read all 35 pages of this to see if it was suggested or not, but how about, right on the property line, digging a big drainage ditch? Like 2-3' wide, 4' deep; something a tractor will not be able to cross under any conditions?

That's what the OP suggested in post #1.