Your Land is my Land

[Jstpssng]

Too bad the "neighbor" is not a member (of TBN) so we could hear the other side...

I might be mistaken, as I haven't reread all 207 posts. But I believe that the OP stated that he walked the lines with his abutter and they agree on the lines; he just doesn't care. If I have this confused with another thread, then I would respectfully like to retract my previous post.

 

[Creamer]

Maybe here is something not suggested yet.

You might consider building a financial case against the neighbor. If I were to do this, I would decide upon a land lease fee chargeable on a monthly basis. It's your land-- you can choose the amount. Then calculate a pro-rated amount of property tax. And a calculation to restore the land to original condition when the lease is done. And a fee for periodic monitoring of the area. Plus I would contact your insurance company to ask about additional coverage necessary to cover a 3rd party running equipment on your land. $2M in liability coverage out to do it.

With all of those added up, I would approach the neighbor with an offer to lease. Present the monthly cost, which starts TODAY. Ask the neighbor to sign a lease and a waiver of liability. And provide proof of their own insurance and have him add your name as an additional insured on their policy.

The chances of your neighbor signing this is, of course, low. But, you are building a very strong and verifiable case for future collection of damages. I would have your presentation witnessed or send it certified mail. And I would follow up, each month, with another statement detailing how much is owed, plus collection charges of course.

If you have to press your case in court, you then have some excellent documentation to work from. If this ever went in front of a judge, I presume the decision would be very favorable for you-- if all of us know all of the key facts based on just hearing your side.

There is precedence for this. Knowing the cost of using your property and continuing to use can be considered consent to the fees. Be sure to have an attorney certified mail the letter with return receipt therefore it is not your word against his what was in the letter as the attorney will keep a copy for his records. Furthermore an attorney is an agent of the court and therefore his word attesting to the validity of the mailing and the contents carries more weight with a court than the average citizens.

I do find the "agent of the court" business a laugh though when attorneys lie all the time in court - still they do get preference as a disinterested third party agent of the court when it comes to evidence.

 

[goeduck]

I believe that was covered in the OP's first post, as seen above.

There is a chance the neighbor does not know where the line is even though he thinks he does.

 

[ultrarunner]

Wait -- you have 20 friends that would show up for a hard labor job like this? You are leading one charmed life.

I was one of the 20... the owner was the dad of one of my High School friends... about half of us were teenagers including me.

 

[DrRod]

Well that sort of explains it. And how was the beer?

 

[Fuddy1952]

Next beer party invite the Hells Angels, after that a Klan rally, right on property line. While everyone is drunk have them build a fence with bamboo, twine, barbed wire.
Start a hog farm along that area.

 

[ultrarunner]

Hells Angels no problem... Sonny Barger would come in when I was working the auto parts counter after school... I would go past the clubhouse every day and the compound was a couple of blocks from where I grew up...

Never seen a Klan anything in California... Panthers yes... Angela Davis when on to be a University Professor and lives nearby... as did Earth First and the Weather Underground...

Remember I grew up in East Oakland CA...

 

[/pine]

...Angela Davis when on to be a University Professor ...

No better way to taint young minds...

 

[YLee Kioti]

Next beer party invite the Hells Angels, after that a Klan rally, right on property line. While everyone is drunk have them build a fence with bamboo, twine, barbed wire.
Start a hog farm along that area.

If that doesn't work this would...

Place sign--

"Future site of Al Kadah training facility
Use caution may be loud noises at times"

heh...well....since we're having fun here....

 

[radios1]

Hells Angels no problem... Sonny Barger would come in when I was working the auto parts counter after school... I would go past the clubhouse every day and the compound was a couple of blocks from where I grew up...

Never seen a Klan anything in California... Panthers yes... Angela Davis when on to be a University Professor and lives nearby... as did Earth First and the Weather Underground...

Remember I grew up in East Oakland CA...

plan the party for just when the neighbor would start acting up, entice them with free beer.. that would definitely do the trick!!.. I knew someone that was good friends with the leader of the Pagans(New York).. and you didn't mess with them, or their friends!!.. another had connections in the Mafia.. some people have no idea who knows who, until they find out the hard way..