Your Land is my Land

[Doofy]

Enjoyable Thread and very informative.

 

[Doofy]

Son-in-Law has about the same problem in Arizona. He has property with a scenic overlook and a neighbor keeps trespassing with sightseers he is charging. Neighbor keeps tearing down fencing and no trespassing signs.

Property has been surveyed and yet it continues. No money to sue. Certainly hope SiLs PTSD does not get the best of him and things get out of hand. Some people never know when to stop pushing.

 

[Jstpssng]

Son-in-Law has about the same problem in Arizona. He has property with a scenic overlook and a neighbor keeps trespassing with sightseers he is charging. Neighbor keeps tearing down fencing and no trespassing signs.

Property has been surveyed and yet it continues. No money to sue. Certainly hope SiLs PTSD does not get the best of him and things get out of hand. Some people never know when to stop pushing.

Charging to trespass on your SIL's property- that's got to be a new one. Here we have large landowners who allow the public to use their land; and some guides do make their living by taking clients out hunting, fishing, sightseeing, snowsledding, et.al. Yet it's done because the landowner's allow it.

 

[Doofy]

I would assume that if anything happened to a paying sightseeer, the landowner would be held liable even though that person is trespassing.

 

[aczlan]

I'm of the opinion that the op should have tackled this sooner. That being said would I have handled this differently? Probably not as I'm also not a very aggressive person. That is until you really make me mad....

I think most of us who have posted in this thread would fit that description.

I'm also thinking that the neighbour is the type of person that is used to getting his own way and he really doesn't care who he walks over. I think that most people in the local area are wary of him because he can and will do damage to them. He's probably not agreeable to people telling him what he can and cannot do. These statements would include the local sheriff.

Make sure that you are totally within the law in what ever you do. Also when it comes to enforcement always go with the highest law enforcement that you can. I doubt if the local sheriff will be able to handle this as he comes up for elections too.

That was why I suggested calling the local New York State Troopers barracks directly, rather than 9-1-1. They are slightly less likely to be influenced by the neighbor in their decisions, and there's a better chance that the trooper isn't someone who is beholden to the neighbor.

Also set up trail cameras or make a video when he is on your land.

I would put up some obvious trail cameras watching the property line, then put some more trail cameras much higher and well hidden where they are watching the obvious trail cameras. That way you can prove who destroyed your obvious cameras.

Aaron Z

 

[Jstpssng]

I would assume that if anything happened to a paying sightseeer, the landowner would be held liable even though that person is trespassing.

It depends on the state. Here we have very strong laws protecting landowners from people injured accidently on their land; to the point where lawyers generally won't even take a case. If they lose, the plaitiff must cover the landowner's costs. There have been few lawsuits since the law was passed in 1979; and there have been no successful lawsuits.

 

[MossRoad]

As everyone knows, nothing can be done until the survey is in. So let's see what the

SURVEY SAYS?

 

[Doofy]

It depends on the state. Here we have very strong laws protecting landowners from people injured accidently on their land; to the point where lawyers generally won't even take a case. If they lose, the plaitiff must cover the landowner's costs. There have been few lawsuits since the law was passed; and there have been no successful lawsuits.

Very interesting. Son-in-Law needs to get this settled before anything else happens. He has game cameras up and watching at the moment. Think I would get a drone and drop "poop" bombs on the trespassers.

 

[Jstpssng]

It seems that the clients are innocent bystanders. I can see myself sneaking in some hidden speakers and making innocuous announcements while they are on tour; maybe even placing some signs saying "squeal like a pig", as banjo music starts playing in the background. Then again I grew up and live in a different mindset; where unobtrusive use is acceptable, unless the land is posted. (Like the property you are referring to.)
Then again the previously mentioned hidden speakers could tell how they are not welcome there; and that their guide is a charlatan, taking money for illegal activities.

 

[Doofy]

It seems that the clients are innocent bystanders. I can see myself sneaking in some hidden speakers and making innocuous announcements while they are on tour; maybe even placing some signs saying "squeal like a pig", as banjo music starts playing in the background. Then again I grew up and live in a different mindset; where unobtrusive use is acceptable, unless the land is posted. (Like the property you are referring to.)
Then again the previously mentioned hidden speakers could tell how they are not welcome there; and that their guide is a charlatan, taking money for illegal activities.

Priceless! I do so like the idea of banjo music and pig noises. Should make people a little nervous. The trespassers claims Adverse Possession and Grandfathering Rights because he used the overlook before my SiL bought the property. I would imagine the courts would have to decide since said trespasser is such a jerk.