Eminent Domain

Robert_in_NY · Sep 7, 2004

It all comes back to you need to be a man and talk to him about it. What is the worst that could happen, he gets offended and you build your fence anyway? As for calling his atv silly, do you ever think people might consider you owning a tractor silly? You are coming across very judgmental about what your neighbor should be allowed to own or due on "his" land. I agree with you that he should show some respect to you but to tell him he can't ride just because you are out relaxing in your backyard is not right. Riding my bike or atv is very relaxing and a lot of fun and I ride on my own land. I respect my neighbors by not riding on their property which your neighbor is not riding on yours is he? Basic, you got a bug up your butt about atvs and you wont' be happy unless you force him to get rid of it or you build a fence. Good luck to you as I don't see you having a very good relationship with your neighbor much longer. That is all I am saying on this topic.

slowrev · Sep 7, 2004

Mike "I didn't say it was right. slowrev asked what would allow Danny to do this and adverse possession would."

Mike, I didn't think I had thrown my dog in this fight yet ??

MikePA · Sep 7, 2004

Sorry slowrev. /forums/images/graemlins/blush.gif I meant CountryJoe.

slowrev · Sep 7, 2004

No Problem /forums/images/graemlins/smile.gif
It just confused me a bit.....but I am used to that /forums/images/graemlins/smile.gif

Currmudgeon · Sep 7, 2004

</font><font color="blue" class="small">( I have been taking care of it, out of my own pocket, at my own will, to improve the looks of my place. )</font>

Which has benefited you. He may or may not agree that it has benefitted him, but if you wish to do charity work, then it's your affair. It gives you no rights whatsoever over his land or the use of it.

You do not meet the requirements of adverse possession in any state I know of, because you didn't pass the three minimum tests for adverse possession. You need to pass all three, plus any other requirements unique to your state.

It was not adverse. You discussed it with your neighbor, you both agree it's his land.

It was not exclusive. He runs his smoke spewer on it.

It has not been for the required period of time, which usually varies from seven to 21 years depending on the state.

Sorry, you struck out.

I suppose you could launch a series of nuisance lawsuits and poison his cats. Frankly, I don't think that would be any more unfriendly than to want to sieze his land.

Prefect · Sep 7, 2004

Junkman, here is what you need... Stealth PIR & Motion Detector 35 mm Game Surveillance Camera

Make sure you can see the property line and any barriers you put up. Put it up high enough so they can't get to it without equipment, slap some camo tape on it, and you're in business. /forums/images/graemlins/smile.gif

You may even get some good game shots too. /forums/images/graemlins/wink.gif

SPIKER · Sep 7, 2004

prefect beat me to it JUNKMAN:

I would also like ot say there ARE remote night vision survelance cameras at a inexpensive rate. uses a wireless tech too!. mount them up high in the trees with a good field of view. set them to go on when motion is found. then hang you're fence and make sure the voltage to the fence it on HIGH: /forums/images/graemlins/laugh.gif first one to grab a hold of it to try and tear it down will get one heck of a shock, as well as make enough NOISE to wake the dead! lol. you can also install a fault trip type dector so that if soemhow they try to ground it out it will warn ya, so you can show up with shot gun in hand... (just to add to the fun factor I would visit a local army/navy store and stock up on CAMO gear, and attach some tree branches to the gear!) come out=yelling CHARLIE is comming, and shoot wildly! I'm sure they will NEVER return! (cops MAY stop by, but hey you were just playing Paint Ball with the grand kids right!? wheres their proof!?) you will have the tapes remember and when the cops show up you can say I didn't do anything other than scare em off the property and show them the tape, (just edit it enough so YOU are not seen in the photos lol@!) /forums/images/graemlins/wink.gif

Mark M /forums/images/graemlins/cool.gif

DannyD · Sep 7, 2004

I sent him a formal letter requesting to buy the land. If he sells, good, if not I will put up a fence and forget it is there. The fence will show the line and will stop the noise. Period and done!

Currmudgeon · Sep 8, 2004

If you're putting up surveillance electronics, I'd go a bit farther. Plant some decoys. Rig some dime store disposable cameras, with strobes, where the real surveillance cameras can watch them. Then when the trespassers arrive, the decoy cameras fire, giving away their locations. You then have tape of the perps destroying your cameras.

Some agressive patrolling, armed with a videocam and a .45 may be in order, too. Ideally, this should be done by a neutral security company, but you're talking about some money, there. The advantage is that it gives you a neutral witness.

Personally, I'd prefer using bounding antipersonnel mines, but the authorities might object.