Your Land is my Land

[MossRoad]

That's a areal ugly problem, for sure. Its obvious that he knows that he's arbitrarily using your land for his own use; he just doesn't care. Short of just using your tractor to run over a few rows of his grape vines, and AFTER getting the survey done and verifying that it is in fact your land I'd take steps to discourage his actions.

I had a similar problem with 4-wheelers and dirt bikers running all over my place. Their entrance was a single and only trail leading in from the very thick forest at the back of my property. I've had a number of people bragging to me that they'd been doing that all their life. hmm - maybe previous owners didn't mind, but I do have a problem with unknown people riding on my place without even knowing who they are, or why they're here. Telling them that it was NOT okay fell on deaf ears.

Finally I place metal fence post every 3' across the entrance. And in between each post I inserted metal posts cut off to about 6" high, painted white, driven 2'-3' into the ground. Those are too low to simply snag and uproot, but high enough to really tear up a tire, be it a 4-wheeler, dirt bike or whatever. There are, of course, No Trespassing signs before, on and past the blockade. That's done the trick now for well over a year - no more unwelcome trespassers.

There may be some liability in my design of the blockade, I don't know. It surely can't be looked upon as a 'booby trap, and being signed, blocked with 4' high intermediate posts. But that's better than having defiant trespassers simply taking ownership of my property. Your opinion, of course, is welcome.

My opinion is you've opened yourself up to a lawsuit if someone that has used that property for a long time suddenly gets injured on those pungy sticks.

I had a similar problem when we first bought our property... there were dirt bike trails all over the place. So I asked my insurance agent what to do. He suggested tons of orange caution tape at each trail entrance to our property, with notices that it was private property, no trespassing, and the trails would be closed to all traffic, both motorized and foot, in 6 weeks, giving the date they'd be closed. Then I had to keep the signage updated each time "they" tore them down. On the final day, I cut telephone pole sized logs and dropped them across the trails about 50' into the property lines, and put orange caution tape ACROSS the trails and the stop-logs.....

"They" tore down the tape, moved the logs, and put up directional arrows for their trails!

So I put everything back, and spiked the stop-logs into trees.....

"They" used and ATV and dragged the stop-logs 1/4 mile down the old railroad grade.

Each time, I called the cops to document.

Then one day, "they" made the mistake of riding in the mud. That left tire tracks about a mile down the road to a home's driveway, and in the driveway were several dirt bikes, an ATV, some kids and a dad. So I introduced myself to the dad, told him what was going on at my property, asked him to stop it, he told me to get off his land, and I did, right at the street, and called the cops. Cops arrived, I showed them the tracks, they said they'd handle it, and I never saw them on my place again. :laughing:

 

[aczlan]

Until his survey is done and the actual line location established , any action could come back and bite him in the tail. Once that is done a few strategically set concrete waste blocks as someone suggested will probably be the simplest solution.

This is the key. You do not want to be putting your fence on his land. Have the surveyor flag the line every 4th row with rebar and put a tpost just inside that rebar, then drop half of a 10' stick of 1.5" PVC pipe over the tpost.
Then put your fence 6" inside that line.

Aaron Z

 

[MossRoad]

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

Excellent advice.... he'll get sued for killing the nieghbor's grapes.

 

[Slowpoke Slim]

Excellent advice.... he'll get sued for killing the nieghbor's grapes.

He's gotta prove who did it.

 

[MossRoad]

The point is, willful destruction of property is illegal, and immoral. Tit-for-tat stuff usually backfires.

Best for the OP to get a legal survey done, have it registered in his county, send a registered letter to the neighbor that a fence will be going up on the property line on X date, and if he wants to discuss it, talk to the OPs lawyer. Then, put up the fence.

If the neighbor protests, or the fence is damaged, regardless of who damages it, heck, it could be aliens from outer space, send the neighbor a bill for 20% of the cost of the initial fencce, plus repairs and maintenance, per New York state law regarding shared fence lines. You'll have to get a goat, or llama, or some other animal to keep fenced in within 5 years of putting up the fence, but heck, it would be worth it.

Property Line and Fence Laws in New York - FindLaw

 

[sixdogs]

Let me again suggest to try to avoid confrontation right now and first try to find out what is really bothering this guy. It's likely not about what's obvious and the only way to get an answer is to ask the question. Wait till it's surveyed so you know for sure and then ask why he refuses to respect your property rights. In most cases, people will answer and the answer might be simple. It might not be, and he might not answer but an escalation at this point is always a bad idea when the other alternatives are still out there. Read the book on dispute resolution and motivation I mentioned in one of the first posts of this thread.

Over the years I have witnessed disputes and often got to try to resolve them. Nice is easier, better and longer lasting. Confrontation doesn't always have to end in your favor. Just my two cents.




Let me add if nice doesn't work to take the survey to an attorney and let him handle it. You stay totally out of it so the lawyer can be the bad guy.

 

[bdog]

Once you get it surveyed build a fence. All my fence is made of 2-3/8 oilfield pipe with posts set 3 in the ground in concrete spaced 8 apart with a welded on pipe top rail. A fence like this will not easily be taken down without heavy equipment or a cutting torch. Ripping a few t posts out of the ground and tossing them is a lot different than the damage and work involved to go through a pipe fence.

What did the sheriff say?

How important is this to you? He has been doing it seven years so it must not be that big of a deal to you. Is there anything you could trade with him for allowing him to do this? Around here it is farm fields for miles and miles and all of them have turnrows on the borders with adjacent fields maybe 30 wide. I assume the property line is in the middle of the turnrow but both property owners cross the middle when turning around their tractors so it is a mutually beneficial situation. In your case you don稚 need to drive past the line but it seems he does in order to farm his field as he is doing now. Is there something he could offer you that would make this ok?

 

[joecoin]

I'm baffled by some of the respondents here. Why would you allow someone to just come on your land and do as they please without repercussion?

 

[DB Pilot]

It is true that there have been times I've thought of retribution. And again I am really enjoying the comments on this thread, whether or not this situation gets resolved. :thumbsup: Each time I get an idea of how to get him back, I know I'm not one to be able to stand up (lie) to questioning by law enforcement. :ashamed: Should this get to court I know I will walk in with "clean hands" as a complainant not a defendant. I am planning on the day of survey to have a face to face with officer present meeting, on site to have Mr. grape farmer explain himself.

My deep drainage ditch is still in play but will have to wait a bit and should not be to taxing on my energy levels. I have been trying to post pictures but haven't figured out how to get them from my LG5 phone to the wireless PC.

So documentation is taking place, pictures and police reports, and my lawyer has been notified should he be needed. :mischievous:

One other thing is that this guy is on our local town board as well as the farmers co-op board of directors!! :fiery:

 

[Slowpoke Slim]

I'm baffled by some of the respondents here. Why would you allow someone to just come on your land and do as they please without repercussion?

Because they're too busy reading books about dispute resolution. And what the crazy neighbor is "feeling".

This guy obviously thinks he's above the law, and doesn't respect his fellow man, or his neighbors.

OP, by all means get your survey done. Probably should have hit this situation hard 7 years ago, and not waited so long. After the survey, you can either keep trying to help your neighbor get in touch with his feelings (bring him a puppy, or a stuffed bear), or you can decide you actually want to do something about it.