Do I have to give my neighbor a 30 day notice to move something he has put on my farm

[Ritothebull]

If it's on your property it must be yours, list it on craigslist for sale cheap and have a local towing company with a 40' rollback ready to deliver it to the new owner as soon as it sells.

 

[lilranch2001]

If it's on your property it must be yours, list it on craigslist for sale cheap and have a local towing company with a 40' rollback ready to deliver it to the new owner as soon as it sells.

Once again.....
Im not an attorney......
But this seems like a great way to spend some time in the graybar hotel!

 

[Professor Marvel]

Alright.... This is why I posted this here... asking for advice.
I will send out a letter advising him of the survey along with pictures. Will nicely ask for reimbersement for the survey which he should have done. Also nicely gave him 30 days to move it.

Thanks for your opinions.

this is probably the best choice now. see how it goes and reevaluate at that time.
I have 4 properties that each involve some sort of easement. Each situation is a different situation. Took 8 years and attorney fees to eliminate 1 of them.
See what they do before you decide your next move after that. Also-no sense in making demands you can't legally carry out. Keep thinking of options as this progresses and try not to let them know they are getting to you. That always gives them a psychological advantage.
Good luck let us know results occasionally. Don't be surprised if it is a lengthy process.

 

[DerbyRunner]

I will send out a letter advising him of the survey along with pictures. Will nicely ask for reimbersement for the survey which he should have done. Also nicely gave him 30 days to move it.

1. I would bet money that a letter you consider to be "nicely worded" will not be received with that same opinion.
2. "for the survey he should have done." Why do you presume he should have done a survey?
3. It would be great fun to bill for storage. Then he could call local code enforcement, and ask them to check your license to operate a storage business on your property. Which of course you don't have, and your property is likely not zoned to do commercial container storage. But he will have a letter and invoice in hand that you are already operating such a business-- right? That would likely shift the responsibility to remove the container from him to you-- including responsibility for any damage during the move.

Good luck-- you might consider having others review your "nice" letter to see if it is truly nice, or maybe not so much.

 

[Diggin It]

I don['t see you as a bad neighbor. Do I recall that the rental stuff happened after you were there? I don't remember the entire other thread. I remember reading it, but I've slept since then.

I believe my first call would be to the county/city/district attorney or whatever you have and whatever regulates and licenses business ventures to see if they have the proper permits, etc. If they don't, that could make the whole problem go away.

 

[Diggin It]

2. "for the survey he should have done." Why do you presume he should have done a survey?.

If I were going to run a business on a 'residential' property, you betcher sweet bippy I'd want all my I's dotted and T's crossed, including making sure of where the lot lines are and I'm pretty sure my insurance company would too.

 

[RNeumann]

Why should he have done the survey?!?! Why would you retroactively ask for money. If you did the survey with the expectation that he pay for it why didn’t you talk to him beforehand? That’s disingenuous.......

 

[Oldoak]

The time to stop this was when he first started clearing trees on your property.

My thoughts also. Where was the O.P. while all this was first taking place? But what is done is done.

If I were the O.P., now before doing anything else, I would consult an attorney to see what my options are. Sometimes just receiving a
letter from an attorney on official letter head is all that is needed to strike fear into the offending party and have the issue/issues resolved without any further action.

The attorney's fee may cost a few bucks, but better than getting into a pizzing contest with letters of your own when you really don't know what the laws are pertaining to such situation.

 

[aczlan]

Alright.... This is why I posted this here... asking for advice.
I will send out a letter advising him of the survey along with pictures. Will nicely ask for reimbersement for the survey which he should have done. Also nicely gave him 30 days to move it.

Thanks for your opinions.

I would not ask him for anything. I would inform him that the survey showed that the container is completely on your property (including a copy which hopefully has the container locations marked on it), that you are building a fence on the property line in X days and he needs to remove it from your property.
Given that he did not agree to pay for the survey beforehand, you're not going to gain anything by asking him to pay for the survey and you will only inflamed things.
I would at the same time, double check with the town if you haven't already and make sure that if he needs any kind of permit to run a b&b that he has that permit in place and if not have a conversation with the enforcement officer about that..
Given the history so far, you would probably be best served by paying a lawyer to right or at least review the letter before you send it. even better if they can send it for you on their letterhead.

Aaron Z

 

[txdon]

Surely he could give a reasonable time for the item to be moved with a stipulation that rental fees will begin if it is not moved by then.

Exactly, but he started the rental fees before giving him an opportunity to move it. Now it is Damage control. I am not a lawyer I do not sleep at a holiday inn express but I watch Judge Judy on TV.