Your Land is my Land

[Creamer]

I agree with several of the posts and their ideas. I would obtain a survey, build a fence and hide game cameras to collect irrefutable evidence if he destroyed the fence. Make sure the camera's pictures and/or video are time/date stamped. If the local sheriff won't do anything about it, I would report him as well as the crime to the state level law enforcement and/or district attorney (why have a sheriff that won't enforce the law).

that's a good "why have a sheriff that won't enforce the law?" How many know their sheriff consistently enforces the law? How many in Broward County are shocked at their sheriff's responses? Government only works if you make it work.

 

[ultrarunner]

When I have had this come up in the past most times I simply outlived the perpetrators...

Dad had a problem years ago... he had a lawyer friend that drew up a simple "Rental" agreement for $1 a year and revocable with notice... the person signed it.

Years later Dad sold the property to the city and the city had a concern but was satisfied with the rental agreement and promptly gave notice the term would not be renewed... and that was that.

In reality, we were fine with him mowing but did not want to set up any adverse procession claims...

Another person did just as what was described... fenced off for a couple of horses... lots of grumbling but what are you going to do knowing the fence is protecting the grapes?

 

[Steppenwolfe]

I've been asking my grape farming neighbor to stop running his tractors, trucks, cars, wagons, sprayers, etc. on my property to tend his grape rows for seven years now. To no avail, so this year I posted the property and put t-posts up to block the equipment. He has pulled up the posts and signs twice now throwing them into my field. I had the county sheriff talk to him and he keeps doing whatever he wants. Property line is not in dispute. He just doesn't care. Inconsistently says you can come on my property and next time says stay off and the says he doesn't care if I hunt his property. So unsure how stable this guy is. The grape row ends are 1 foot from his chosen line.

During questioning about this problem I was asked why isn't the property surveyed? Well, it will be next week. But the neighbor walked the line with me seven years ago and told me where the line is and I said I wasn't sure. So the grapes, a recently dug drainage ditch and signs are all on his side but his equipment runs on my side. Things are starting to heat up and not sure where to go from here. I think a fence will be run down. I'm thinking of my own deep as I can drainage ditch after the official survey.

YOUR LAND IS NOT HIS LAND... Get your survey, AND have your surveyor file it at the county courthouse, then and only then, does it become a legal document. If you do not file it, it is only as good as what you have now... nothing. Once you have a legal description of your property line, now you can enforce it. I speak from experience...

 

[Oldoak]

YOUR LAND IS NOT HIS LAND... Get your survey, AND have your surveyor file it at the county courthouse, then and only then, does it become a legal document. If you do not file it, it is only as good as what you have now... nothing. Once you have a legal description of your property line, now you can enforce it. I speak from experience...

Legality apparently varies among states. Here in PA, a legal description of the property boundary lines are called out with each property deed which is recorded in county courthouse every time ownership of the property is transfered. An actual survey is done if the property lines are not recognizable or a dispute arises or to determine the actual acreage involved, etc.

Of course, some of the old deeds were recorded with measurements stating rods and chains and markers such as an old tree or stone, which most often no longer exists or could be easily found.

 

[majorwager]

A SURVEY is NOT a SOLUTION, read the BOTTOM PARAGRAPH!!! MIssing the point. Solution excessive $$ !!!!

Simple tresspass is a violation. If person gains entry through a fence or similar RECOGNIZED barrier, it becomes criminal tresspass and that is a misdemeanor. TRUE, Sheriff won't ticket someone for a violation unless witnessed by deputy. You can sign an supporting affidavit but in essence you are making the arrest. Best to avoid that scenario. For each complaint, sheriff must file incident report and a CR# is assigned. It is proof of a complaint. It is how sheriff pads crime stats to increse funding . Around here DEC cops are scarce. You can also go see the local justice of the peace. You can file an "information" w/ the court directly, bypass the sheriff, and the judge will then be oblidged to issue an arrest warrant. Then the sheriff must execute the warrant or be held in contempt. I still advise a court ruling to provide disposition of the matter. If this fellow ever lays claim to your property USE,, you will be in court, like it or not. Better to be the plaintiff than defendent. Small claims ms is still the least hassle in remedy. Civil vs criminal disposition, but both work.

PLS survey filed w/ county is fine. Does NOT protect you from adverse possession. There is NO dispute who owns it and pays the taxes. The scenario is that the "squatter" has legal right to use land in question if undisputed for seven years. USE can be liberally defined. He can park equipment on it, use it for storage, come and go at will, he uses it, you pay for it, And if his possessions are damaged while stored on your squatter annexed property, the squatter can attach YOUR insurance to cover his loss, welcome to the USA.

Why buy the cow if the milk is free. Spending the OP's money getting excessive, small claims action, $20 bucks + survey cost. AND only disputed boundary requires survey, not entire parcel.

 

[dmccarty]

Get the survey completed and then see a lawyer. A simple letter from the lawyer MIGHT resolve the issue. Maybe.

Back in 2002, a TBNer started this thread about a property line dispute which took years to resolve, and in the end, the TBN was shafted and lost quite a bit of money. :shocked::thumbdown:

http://www.tractorbynet.com/forums/rural-living/14251-help-i-need-legal-advice.html

That thread is over 50 pages long and depressing.

Lesson One is DO NOT get emotional over the issue and DO NOT, as my MIL would say, show your a....ss.

I would think putting up large heavy barriers than cannot be easily move would be a simple and somewhat cheap answer. In NC, cutting down someone's trees can cost the person doing the deed lots of money, IF you can prove they did it. So planting lots of trees can be a long term solution, both as a physical barrier but a fiscal one as well, IF one has a camera than can record who takes down the trees.

Good luck!
Dan

 

[EddieWalker]

Sometimes you just have to build a better fence. If he is pulling T posts out, and you are not able to catch him doing it, then you need something that wont come out. Deep holes with lots of concrete and steel posts all welded together. It's expensive, but usually a lot cheaper then going to court or something worse happening.

 

[YLee Kioti]

Sometimes you just have to build a better fence. If he is pulling T posts out, and you are not able to catch him doing it, then you need something that wont come out. Deep holes with lots of concrete and steel posts all welded together. It's expensive, but usually a lot cheaper then going to court or something worse happening.

Then throw up a few game cameras to capture different angles.
We've caught two trespassers in our back yard on the house we have up for sale.
Camera hangs on a privacy fence and they never even looked in that direction.

Have a lock on the gate access to the back yard. Will now show pics to poh-poh and see what avenues I have.

Feel you pain...and it is difficult NOT to get emotional.....counting to ten helps......barely....

 

[houstonscott]

Get your roundup going when wind will carry it into those grapes. Take away reason to be there. The grapes will be dead.

 

[lostcreekranch]

Get your roundup going when wind will carry it into those grapes. Take away reason to be there. The grapes will be dead.

No .... don’t do that!