Your Land is my Land

[wngsprd]

DB Pilot, I spent a couple hours reading all of this thread. Started last night and finished just now. I'm glad you are patient and wise enough not to do something stupid that would get you in trouble with the law. You already pointed out that you probably should have dealt with this earlier but you were trying to handle it "neighborly". I can relate. I am new to owning property. I have owned houses before but only had land for the last 3 years.
I have made a number of mistakes in the way I dealt with people. Too friendly and open with neighbors about what I am doing with the land. Too trusting. I have made bad deals on the way I got my timber cut and cleared. Poor choices on who I hired as a forester, bad decisions on loggers, allowed poor follow up and in-adherence to contracts.
I have erred on the side of being a good neighbor and that has a cost to it. But I'm learning. my scales are getting thicker and I'm learning. I like being nice. But I have found that people need to be shown my teeth early on, just so they know I have some. You don't actually have to bite. You are simply setting realistic expectations. And you have to understand that just because you see something as reasonable, doesn't mean others do.
The neighbor you are dealing with is a jerk. And he is a thief. He is stealing use of your land. He didn't pay for it but he is taking use of it as he wishes. He is stealing the fruit of your labor. If you guys had something worked out ahead of time, it would be different, but you didn't, so it isn't different. The original guy who had the grapes planted should have fixed it right away when he realized they went all the way to your property(unless that was his original intent). This guy should have checked to make sure he could drive on your property before buying the place ( I gathered that this was how it all occurred, but I may have misunderstood the sequence of events.).
His attitude about the situation is terrible and the Sheriff is not living up to his job. You are getting the survey and the lawyer. And I'm sure the next time something like this happens you will still be nice. But you will probably be more firm. It is unfortunate but the world makes us a little rougher with each other the longer we live, just to get by.
I mark my property each year, and walk the line a couple times a year. I'll keep doing that till I'm too old to walk it and hopefully I will have my grandkids walking it by then. Good luck. You are right and that guy is wrong.

Perfectly stated. I haven't read your thread in a while, but hope you are still making good progress on your new land. I'll go catch up on it.

 

[radios1]

He also has stated that anything he has erected has been torn down; and that the local law has stated they are unable to do anything about it.
(The guy also came in his baler and stole hay which had been cut, dried and windrowed; that shows how much he is accustomed to getting away with,)

basically, for a misdemeanor charge, the perpetrator has to be caught in the act, else, Police won't bother investigating.. they'll make a report, but that's about it.. either you, or let's say camera footage needs to be used as evidence.. there was a town somewhere, that had a criminal doing whatever he wanted, simply because he knew how to get away with it, the town had a meeting in which they permanently fixed that problem!.. there was a big to do about that, but, nobody in the town was talking, so dead end.. basically, the law has to work, else, an alternative means will be found..

 

[Industrial Toys]

Try proving that the "guy" in the video is the man in question. Just to do that, especially in this day of CGI, is a task no prosecutor is going to spend the time and money on for a situation like this.

 

[radios1]

Try proving that the "guy" in the video is the man in question. Just to do that, especially in this day of CGI, is a task no prosecutor is going to spend the time and money on for a situation like this.

it's done all the time.. I can't see one instance of a video or photo with the image of the perpetrator not being ruled as valid evidence.. I hope you are not someone that would advocate this problem.. it would have to be proved that evidence was forged by CGI to make the evidence invalid..

 

[Industrial Toys]

All the guy has to say is, "it's not me" and no matter how ridiculous that may be, that is when the cost to prosecute rises. Don't forget, many convictions are accomplished by Police trickery and confessions. Great, if you can do that. This guy seems too smart for that.

No matter the minor crimes that may be involved here, the law sees this kind of thing mostly as a civil matter.

 

[TheMan419]

I do not think there will be a need for a prosecution. I would get a surveyor from the next county over. Get a date and time he is coming. Tell him it needs to be set in stone. At that same time rent the dozer, or whatever equipment you will need to build your ditch.

Take the earth you need to move and pile it closer to his side of the line (on your land of course) so that he has to drive over a 3 foot berm down into a 3 foot ditch to turn his equipment around.

The reason you do this on the same day the surveyor is there is so that bad guy has no time to move the survey markers.

 

[PILOON]

I'm sure the city will make back what they paid for the road when the taxable assessments rise to reflect the value of being on a paved road!

For sure you are correct.
But consider we are within one hour of Montreal in a park like environment with all kinds of wildlife and the lake is spring fed pure who can complain!
From what was crown land (free to stake) or lease at $50. / year the current evaluations are running close to $500,000.
Since I have owned 3 properties I guess I gambled right.
(LOL, I was the guy that made the last 3 miles of roadway. so am well involved)
Today due to my negotiations with the city our homemade road is now fully verbalized and enjoys all municipal advantages. I am a very lucky guy as my better half enjoys this as much as I and was totality supportive of all my community efforts.
just this year we won the last battle in that the city will totally re pave the last 4 kms of our road with a budget of $4 mil (not including dynamite) that might be about 1/4 of the budget.
Life is good! (be 80 soon)

 

[PILOON]

Building a private road is not hard, getting the government to take over and pave it is the hard part

Well we dit just that!
Must admit I had a good rapport with the then mayor at the time.
Between us we even did a bylaw proposal situation that could have been blocked but under advisement we ran it in late Nov when we knew nobody would take the time or effort to object. Bylaw passed!
OK, taxes went up marginally at the time but today a property that was selling for perhaps 20-40 thou is today going for over 100.
Shucks one was listed last week at $490,000 and he might just get it, many are now in the $150-$250 range, nice retirement nest egg!
But then we are the first in a watershed chain, pure spring fed lake (we drink it) and 1 hour north of Montreal in the beautiful lower Laurentiens, Pure Paradise!
Perhaps this I am still well regarde on the property owners association.
Gotta admit our lake is part of my DNA as I have been her for over 60 years!
Fortunately my wife is on the same wavelength, as is my daughter who also owns property on this lake.

 

[radios1]

All the guy has to say is, "it's not me" and no matter how ridiculous that may be, that is when the cost to prosecute rises. Don't forget, many convictions are accomplished by Police trickery and confessions. Great, if you can do that. This guy seems too smart for that.

No matter the minor crimes that may be involved here, the law sees this kind of thing mostly as a civil matter.

actually, in New York, which is in the U.S.A., trespassing onto property that has a fence is considered a penal crime, a misdemeanor, not a civil crime.. Canada may think differently, except when a government property is involved, though..

 

[Thall303]

Get a good lawyer, board certified in Real Estate, one that you have confidence in his/her ability and credentials.

Take only his/her advice.

All the advice you get here on this forum is worth exactly what you have paid for it! -0-