Put Tractor Up for the Winter Today - 2nd Time!

   / Put Tractor Up for the Winter Today - 2nd Time! #1  

webbmeister

Gold Member
Joined
Nov 20, 2001
Messages
345
Location
Wauconda, Illinois
Tractor
New Holland TC25D
Well, I went out to the property today to do some last minute marking and to reconcile those markings with the stake out that the septic guy did last week. All of this in preparation for ground breaking in the spring.

What I saw when I got there first broke my heart, and then made me very, very angry. Angry enough, in fact, to call the Sheriff. As many of you know, our Property, "Valhalla," is bowl/stadium shaped, and slopes down beautifully from a high hill to the lake. We have spent more than a year in clearing the property and reclaiming it from its untended state. Hundreds of hours and thousands upon thousands of dollars have gone into creating what - up until very recently - was magnificently beautiful. The grass we had planted and then overseeded had grown in, and the property looked as if it was covered in green velvet. The trees, after almost 30 years of neglect, have been pruned, fertilized, and mulched.

When we bought the place, the neighbor boys were used to sitting at the top of our hill, lighting a bonfire, and having the kind of fun that young boys have. We extended an invitation to them to feel free to continue this practice, using their own firewood, until construction on our new house started. We also asked that they not discharge firearms or otherwise hunt on our property.

Since that invitation was extended a year and a half ago, things have kind of gone downhill. First, they started moving the fire site all over the hill, making big sterile patches all over the place. We talked to them about it, and they settled on a single spot. Then they started using up the two full cords of firewood I had dragged from every corner of the lot during the clearing process. We talked to them about it, and they did not stop using our firewood. I kept quiet (a mistake) hoping that a neighborly relationship might be rescued once we moved in. Over the past few months, things have clearly gotten rowdier on the hill. Dozens of beer bottles and cans strewn and thrown everywhere, and shotgun shells too many to count litter the ground. A month ago, after cleaning up broken glass (mower really shatters bottles hidden in the grass) shotgun shells, bags, and assorted litter, we talked to them again, and they promised to stop. Three weeks ago, we took our parents out to have a look at the color, and again, the ground was littered with shells. Out of two full cords of firewood - there were 16 pieces left. Again, I cleaned up, and this time I carried the remaining firewood to a place that is kind of hard to get to. I also went back the next day and posted a "No Hunting" and a "No Trespassing" sign.

I walked over the crest of the hill today, and I teared up. The boys had driven their cars over from their drive (tire marks very clear) and had gone up and down the hill skidding tires and ripping up the turf. That wasn't enough for them. We had gone to extra expense to spare two magnificent cherry trees during the clearing process, and to ensure that the house was sited around them so they wouldnt have to be cut down. They are/were our version of husband and wife trees, and they held additional meaning to us because they were planted by the neighbor on the other side of us when he bought the property so many years ago. One of the trees is now riddled with shot, oozing sap at every hole.

Well, the Sheriff came right over, and right away he asked me "Boys next door?" I told him I thought so, and he walked with me and told me about the long relationship the Sheriff's department has had with those kids. He went over and knocked on the door, but they were hiding and wouldn't answer. He's going over tomorrow morning before 8, and will get the father out of bed. In the meantime, he tells me that even if he had caught them red-handed, the State's attorney wouldn't prosecute because it was not a significant crime. He thought I'd have a better shot in civil court. He advised me to put up several more signs, and to move my tractor and implements over to the neighbor's house (the good neighbor!) for safe keeping. He was concerned that they might retaliate by "torching" Thor. He also advised that we send a certified letter advising the entire family that the property is now entirely off-limits to them.

I am really bummed. It will take months to repair the turf damage, and the one cherry tree will almost surely die. Before we even move in, we are on the wrong foot with neighbors who will be there for the rest of our lives. We have never feuded before, and we don't like what it feels like.

Aside from venting (thanks for listening!) I'd like to ask if anyone has any advice on how to handle this. I really don't want things to escalate, but geez! That's our property, our sweat, our money, and our liability/responsibility. We wouldn't even think about doing such harm to theirs.

Bummed,

Jim
 
   / Put Tractor Up for the Winter Today - 2nd Time! #2  
Very sorry to hear of your problems. Try and be a "good guy" and you end up getting scre--ed.

I guess the line from the Robert Frost poem is right, "good fences make good neighbors!"
 
   / Put Tractor Up for the Winter Today - 2nd Time! #3  
Thats a dam shame!
You ask those boys once not to do it..and they did /w3tcompact/icons/frown.gif and I hope the boys have to give you hoursssss of service for the damages!

Like I say "If you want respect than show me respect"
 
   / Put Tractor Up for the Winter Today - 2nd Time! #4  
Jim,

You are definatly in a neighbor nightmare! One that would absolutly make my blood boil over, if it was happening to our property. In fact, its a bit steamed just reading about it. As one that is prone to react vs thinking it all the way through, recommend the "thinking" approuch.

You are going to be in a very vulnerable position, next spring, during construction. Given what the sheriff has said, you are going to need to treat this very seriously. You need to get as much info on these boys and this family as possible. The "good" neighbor can probably provide allot of insight and pointers to others to talk to. ie know your opponent well. You must get a reasonable understanding how they will react to your moves. Where will they draw the line and finally stop?

One thing that would be good to know, does their father condone the boys actions? I am afraid the answer is yes, but he might be the type to kick their butts into the next county. Maybe its better to talk to the dad before heading to civil court, but not without the research first.

Other things that popped in my mind, does winter curtail their partying? What age are these boys, and are they close to moving out of the home?

This is a battle, that probably can't be won, until you are living on the property. Choose your moves and strategy well.
 
   / Put Tractor Up for the Winter Today - 2nd Time! #5  
Sorry to hear about your problems but don't be too sure about what the officer is telling you about not prosecuting because of the minor damage. Having probable cause to arrest is one thing but if you have that I would insist they be arrested. Sometimes you just have to make more of a fuss. After all what's the sense in making a law against something if there's no consequences for breaking it?? Post your property, inform them personally they are no longer welcome on it and WILL be arrested for trespassing. (In NY YOU can make the arrest if the violation.crime is committed in your prescence. Then you call the police and turn them over for processing). Anyway you can set up some of those motion activated camera's they use for game trails? Awful tough to deny photographic evidence.........
 
   / Put Tractor Up for the Winter Today - 2nd Time! #6  
You have a lot more patience than I have. It's time to take a stand otherwise who knows where this will end. Give them a chance to come clean and remediate their damage, if they don't prosecute to the fullest extent.

It's also time to post all your property lines, with signs every 50 feet, (local requirement around here), secure your equipment and no more Mr. Nice Guy. They are taking advantage of your good nature. I have a 1 strike and your out rule. Take advantage of me once, shame on you. Twice, shame on me.
 
   / Put Tractor Up for the Winter Today - 2nd Time! #7  
Gerard has a good point. You need to make sure the deputy wasn't just trying to take the easy way out, or he was just giving good advice knowing they are true hardcore types. The drinking parties are most likely happening on Friday or Saturday nights. Should be a simple matter for them to add to the routine weekend patrol. Those weekend drinking parties would most likely move once they know they have a high probability to have a visit by a sheriff. Who knows what other violations they might find, under age drinking?, drugs?, firearms?

The shooting parties are mostly daytime events. Your "good" neighbor would have an idea when and how often these are happening. If your "good" neighbor does not want to get involved, it may be a clear sign of what you are dealing with or they might be related in some fashion.

I don't advocate you making an arrest. Take pictures and let the sheriff deal with it. Again, would research more before taking action. Has anything occured since the sheriff has paid them a visit?
 
   / Put Tractor Up for the Winter Today - 2nd Time! #8  
I should probably clarify the "citizen arrest". While technically in NY you can make it by yourself the safer way to do it is call the police and when they show up you make the arrest in their prescence. Simple as telling the person "You're under arrest for trespass". Most police don't encourage this for obvious reasons but for a violation, which trespass is, if they don't witness it a police is not legally permitted to make a summary arrest. Do a little research on the laws of you state and get a copy of the penal law/criminal procedure law for your state. Also if your cherry tree is damaged to the point it dies you have a criminal mischief, the degree would depend on the value of the tree. Go get a price on replacing a 6 inch diameter cherry tree and I'd guess you could be looking at close to a thousand dollars or at least several hundred. (In NY it's also illegal to shoot a gun within 500 feet of a residence so you might have some violations there too)
 
   / Put Tractor Up for the Winter Today - 2nd Time! #9  
First let me say I'm sorry to hear of your plight. I'm also disappointed, though not at all surprised, by the response (or rather lack thereof) from your sheriff. I'm guessing if you were to get a professional landscaper out there to give you estimates on repairing the damage including replacing the tree with a like tree you'll be amazed at the amount. Armed with that number you might be able to convince the local prosecutor's office this is not a "minor crime" and change their attitude on pursuing actions there.

The advice on whether or not to escalate this based on your perception of their response is well-founded. Not responding sends a bad message, too. You can't even be sure they're "done" with what they consider to be their fair retaliation. That's equally disheartening.

Personally, I'd probably look for some bigger, meaner spirited thug to explain my position to these punks, but that's just me.
 
   / Put Tractor Up for the Winter Today - 2nd Time! #10  
Without knowing more about these individuals, I wouldn't provoke them with "you are under arrest". Kids, alcohol, and guns, any one item alone could be reason enough to not approuch them, but all three might lead to a tragedy.

I am certainly not advocating doing nothing, just understanding what you are dealing with, before acting. If your "bad" neighbors are the long last clan related to the Hatfield or Mckoys, might what to carefully sellect when to engage. Currently the property is totally vunerable, and they can strike with little chance of getting caught.

Maybe I just have the wrong picture in my mind. "Deliverance" /w3tcompact/icons/grin.gif

Now, hiring Guido to pay them a visit, thats a thought! /w3tcompact/icons/wink.gif
 

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