have to vent. Good ole boy cops and trasspassers

spam4einstein · #1 04/19/06, 07:46 PM

Well, it finally happened today. My first traspassing issue. I am floored right now sitting here! The northen boundry of my land is being traspassed on and vandilized.
There is a dirt road that has a "perscriptive evesment" along my property line. Untill recently it was more a driveway for the one house at the end. According to the paltt my property line is the center of the road. No other markers, THE CENTER OF THE ROAD IS THE PROPERTY LINE. The right of way is 6ft on each side. So I have to share the 6ft I own and the owner on the other side has to share 6ft to allow folks to drive on waht is a 12ft road. Really simple.
Well some builders are putting up a spec house on the other side of the dirt road across from my pasture. They have been parking along the side of there 6ft. This has been causing the footpring of the road to shift as people drive around there parked trucks. That was not a big deal, but 2 more homes just started going up last week. So I decided it was time to do something. I Put a 500lb boulder and some stones 8ft back from the "real" property line. This was to stop the encroachment and property line from shifting. Well yesterday the a-holes dozed my stonework down the road and into my field. They did this so traffic, and there equiptment could get around there trucks parking spots. I went down very friendly today and explained to them I had put the stones there, and also why. I aslo told them to please put them back. The boss of course lied and said someone else moved them.
Called the sheriff and they responded. Im not from here and the deputy and builder were buddies. It was amazing. I suddenly became a jerk for harassing the builder. The police declared the new location of the road was the always like that and the trasspasser had every right to bulldoze my stonework and do it again if he wanted. I couldnt believe it! Its clear by where the stone is where the road used to go. I wouldnt be so angry if the deputies siad they couldnt help and left, but to give this creep implied permission to traspass and destroy my property was outrageous. I kept my cool on the outside though. I was talked down to by all of them. I know I am legaly right. I have called the probate judge, magistrate, state police, surveyer, road department and more. All gave me information that confirmed I was right. But of course none of this helps me. Im sick to my stomach over this. I have contacted my lawyer and we will talk tomorow. Meanwhile 20 cement trucks and heavy rains later I now have a road entirely going over my property with the blessing of the police. I feel like I have no rights!!!!

Mike in Ohio · #2 04/19/06, 08:13 PM

Get a restraining order from the judge and then put the stones back. In fact, I would put in some posts to boot.

Obser · #3 04/19/06, 08:29 PM

A sheriff is not usually empowered to make right of way decisions. A letter from your attorney to the offending parties with a copy to the sheriff might get their attention. A judge may issue a restraining order. If neither of these solves the matter, be prepared to go to civil court because anything you put up on your property line can easily be pushed aside with heavy equipment.

Mike in Ohio · #4 04/19/06, 08:42 PM

Quote:

Originally Posted by Obser

A sheriff is not usually empowered to make right of way decisions. A letter from your attorney to the offending parties with a copy to the sheriff might get their attention. A judge may issue a restraining order. If neither of these solves the matter, be prepared to go to civil court because anything you put up on your property line can easily be pushed aside with heavy equipment.

Obser, it all depends on the parties involved. A few years back I had a problem where the person on the other side of MY drive rented "his" property for parking and storage of heavy equipment. The first time the contractor didn't get my message. I warned him that I would have his equipment towed. I then called the towing company while he was standing there and told them to tow any equipment they found parked in my drive and they were free to charge whatever the law allowed. Never did have a problem with that fellow again.

The other option is to spend a little time keeping an eye on things. That equipment comes on a persons property....well, let's just say I'm known for my feelings about trespassers.

Bottom line, if people clearly understand that a person doesn't push they will toe the line.

As usual, just my 2 cents.

Mike

Boleyz · #5 04/19/06, 08:46 PM

I may get flamed, but I'm going to make a SUGGESTION...

If you're not a "Local Boy", you may want to tread lightly here. Sounds like you've held your temper so far, but I've been reading HT threads long enough to know that you're soon going to be encouraged to "Git Yer Gun and shoot the tires out and sugar the fuel tanks and park your tractor over the road etc.etc." Clint Eastwood approach...Be a tough guy...and a rump...However....

That approach will only make you life-long enemies who can find many and varied ways to reciprocate in coming years. Anybody can be a rump towards a rump...ya know?

It sounds like you're going to be having some permanent neighbors over there, so why not extend a little good will? I'm not suggesting you give up your property, but how about this?

Approach a judge and find out what your legal rights are. Then go to the builder and in a friendly, non-confrontational way, tell him that you'll let them encroach on your land temporarily in order to keep traffic moving. Tell him that after the project is finished, you'd appreciate it if they'd sow a little grass where they'd destroyed your ground and replace your boulder so that the road returns to where it should be.

Voila! Problem solved! Good neighbors instead of angry enemies. Of course, you CAN "Git yer Gun", but be ready to lose any standing or respect you may have in the community...especially if you're an "outsider". You'll always and forever be an "outsider".

Wisdom, Graciousness and patience will pay off in most situations...Good Luck!

fricknfarm · #6 04/19/06, 09:02 PM

Welcome to the country life. I guess it doesn't matter what state you're in.
Same thing in MO.
I would find a few junk vehicles to plant in front on blocks, say ten feet away, lest he be tempted with the bulldozer. Next get some old pallets and build a crude OBVIOUS outhouse. Tell him those improvements will be joined by a pigsty soon if you're gonna have mud, might as well make a wallow. Advise him that the folks house hunting will ADORE the country ambience yoy intend to create as landscape features around your home. It'll really affect the property values all around when you've completed your Tobacco Road meets Dogpatch theme.
Usually just a junk vehicle or two gets the message across, as I always say, things can get worse, just make sure they get worser for the foe.

Wayne02 · #7 04/19/06, 09:17 PM

Usually I'm in agreement with using an approach like Boleyz has suggested. However, you must remember that in a situation like this, the contractors have little to no skin in the game. It would be different if you were dealing with the actual home owners, but in this case you are dealing with a transient. Contractors will just move on down the road when this house is finished if there are no ramifications for them in this dispute.

Having to rebuild parts of a road can be expensive, especially if you don't have the equipment to do it yourself. I usually consult my attorney on stuff like this if the first one or two polite face to face meetings show no promise. Most of the time a simple letter from him will solve the problem. In this situation I'd be inclined to have him draft an agreement letter to be signed by the developer as to how you will be compensated for as the road is damaged during construction. This is especially important if there will be more houses built along this road. Might as well deal with it now.

I'm very familiar with developing land etc. Some collateral damage to the surrounding property sometimes just can't be helped. But usually the builder will repair the damage, and in many cases leave it much better than it was before. For example we may damage a part of a gravel road during the course of development. In these cases we often will offer to pave the road (or part of the road) in exchange for your patience and understanding during the very disruptive construction process.

Failing the above proper legal action, I would:

1. get the local investigative news reporters to do a story on the difficult evil developer. Make sure and take lots of pictures. Have them paint the picture that the evil rich developer is sticking it to the poor local residents.

2. have the investigative reporter do some snooping and see if the contractor is using illegal employees....

3. write a letter to the editor and outline what the evil developer is doing...

4. if you do 1, 2, or 3 you should get a GUN and the training to use it, because life will be difficult for awhile...

sorry boleyz, I had to get the "G" word in there somewhere... els-wise it just would not be HT!

Seriously though, I think this can be remedied through proper legal action. Believe me, this kind of thing happens all the time in the developer/construction world. You'd like to think that everybody plays nice in the industry, but the reality is some don't.

Wayne

Boleyz · #8 04/19/06, 09:25 PM

Quote:

Originally Posted by Wayne02

sorry boleyz, I had to get the "G" word in there somewhere... els-wise it just would not be HT!

Wayne

Excellent, Practical, Helpful suggestions. Don't worry about me...you said it best...

independent · #9 04/19/06, 09:29 PM

Well good luck. We moved in here in 1959 and we are still the outsiders getting the shaft from the good ole boys.

spam4einstein · #10 04/19/06, 10:06 PM

well, I tried nice, didnt work, There were already a few terse words. Ill talk to the attorney. They are a small builder. father son type. I have a feeling I will have to put a fence up as a challenge then sue if its torn down. I hat to just lay down and take it for a month or two untill they leave, then try and re-establish my bounds. That may be the best action though. If he were building another house, I would put a big sign up anouncing the opening of a new KENNEL opening soon. That would realy screw with his $$$

Boleyz · #11 04/19/06, 10:17 PM

Quote:

Originally Posted by spam4einstein

I hate to just lay down and take it for a month or two untill they leave, then try and re-establish my bounds. That may be the best action though. If he were building another house, I would put a big sign up anouncing the opening of a new KENNEL opening soon. That would realy screw with his $$$

Don't think of it as "Laying Down"...your pride won't stand for that. Nobody's would.

That's why I suggested a judge to advise you of your rights. Then, you can talk to them and let them know what your legal rights are, according to Judge (so-and-so).

That puts you ON TOP...not LYING DOWN. Then, you have a chance to show benevolence and graciousness. They'll know you ain't a pushover, because you're negotiating from a position of strength, not weakness.

fricknfarm · #12 04/19/06, 11:19 PM

Out here the 'judges' are ELECTED by the good old boys and their cohorts. The good ol boys supply the judges with all manner of friendly goodies from wimmens to dope to 'cut rate' building supplies. And also supply the votes to get him REELECTED. Parole officers often suply labor via various employment/employee/parolee deals.
Live in the country?...what's the old saying when in Rome???
Trust me, the pigsty, the cars on blocks, the outhouse THESE are what the good ol boys UNDERSTAND. they also understand that you don't stand a snowball's chance in hell of getting the judge to see things yer way city boy. It's just not in his best interest. We've been to court to evict bad tennants. It COST us money and took five months after the papers were served BOTH times. to add insult to injury the judge decide that even tho one tennant owed us money he didn't have to pay us. He did award costs but of course we were never paid. It would have cost more to try to collect. The other case? $900 plus court costs. Collected? $0.
Don't expect justice in the good ol boy network, you won't be disappointed. As long as the judge is ELECTED hes not going against his constituency.

texican · #13 04/19/06, 11:50 PM

Build a fence six inches inside of where the road easement ends. Of course it would have been better to have the fence before the current troubles began.
If it were mine, I'd wait till the houses are finished, then build the fence. Seems like a mighty narrow easement for a road.

You think you have it bad? I own a mile of private road, with varying right-of-ways to different people and oil companies. Getting the right person to repair damages is always fun. I have used my *Betsy*, Betsy Ann Ruger, (.44 super redhawk) to reinforce my opinion several times... Was extremely aware of the law, with my paperwork in the truck.... I especially scold trespassers, and have no mercy...

Agree with boleyz.......basically you catch more flies with honey. I take it they will be gone in several months... I take it they aren't paving this 'drive around' and no timber or cropland has been permanently taken out of production... I'd play nice, ask the contractor why they can't park on your side of the road, and drive around on the other side, infringing on the neighbors boundary line.

Boleyz · #14 04/20/06, 03:50 AM

Quote:

Originally Posted by fricknfarm

they also understand that you don't stand a snowball's chance in hell of getting the judge to see things yer way city boy.

Don't expect justice in the good ol boy network, you won't be disappointed. As long as the judge is ELECTED hes not going against his constituency.

"City Boy"? Do you know me? (Guess what ? I've NEVER lived in the city!) I just prefer not to be a punk with my neighbors, if there's another way. I also own 2 farms and have had a few disputes myself. All resolved peacefully. "Cars on Blocks" and "Pigstys"? Great plan...

By the way...the offended party in this dispute is also a "Constituent" of the aforementioned judge. Does that matter?

Blu3duk · #15 04/20/06, 04:26 AM

If you are home while this is going on, perhaps spending a few days parked out on the right of way across from the contractors vehicles might have them move as the delivery trucks come in.....

If they aint gonna be the neighbor in the end it will soon pass, however if another of their kin gits to move into the house......

if you dint want that kind of hassle you shoulda bought the next property over too.

William

foxtrapper · #16 04/20/06, 05:58 AM

Sounds familiar. I'm in the begining of this same battle, but instead of a builder, it's the county. They just arbitrarily sent a high-speed road crew in yesterday that illegally expanded a road they don't own onto my property, all in just one day.

Sigh, this is going to be a long expensive ugly battle that I'm sure to lose.

FreightTrain · #17 04/20/06, 06:20 AM

Quote:

Originally Posted by foxtrapper

Sounds familiar. I'm in the begining of this same battle, but instead of a builder, it's the county. They just arbitrarily sent a high-speed road crew in yesterday that illegally expanded a road they don't own onto my property, all in just one day.

Sigh, this is going to be a long expensive ugly battle that I'm sure to lose.

God Bless America!, Land of the Free!! :banana02:

michiganfarmer · #18 04/20/06, 06:36 AM

Quote:

Originally Posted by spam4einstein

Well, it finally happened today. My first traspassing issue. I am floored right now sitting here! The northen boundry of my land is being traspassed on and vandilized.
There is a dirt road that has a "perscriptive evesment" along my property line. Untill recently it was more a driveway for the one house at the end. According to the paltt my property line is the center of the road. No other markers, THE CENTER OF THE ROAD IS THE PROPERTY LINE. The right of way is 6ft on each side. So I have to share the 6ft I own and the owner on the other side has to share 6ft to allow folks to drive on waht is a 12ft road. Really simple.
Well some builders are putting up a spec house on the other side of the dirt road across from my pasture. They have been parking along the side of there 6ft. This has been causing the footpring of the road to shift as people drive around there parked trucks. That was not a big deal, but 2 more homes just started going up last week. So I decided it was time to do something. I Put a 500lb boulder and some stones 8ft back from the "real" property line. This was to stop the encroachment and property line from shifting. Well yesterday the a-holes dozed my stonework down the road and into my field. They did this so traffic, and there equiptment could get around there trucks parking spots. I went down very friendly today and explained to them I had put the stones there, and also why. I aslo told them to please put them back. The boss of course lied and said someone else moved them.
Called the sheriff and they responded. Im not from here and the deputy and builder were buddies. It was amazing. I suddenly became a jerk for harassing the builder. The police declared the new location of the road was the always like that and the trasspasser had every right to bulldoze my stonework and do it again if he wanted. I couldnt believe it! Its clear by where the stone is where the road used to go. I wouldnt be so angry if the deputies siad they couldnt help and left, but to give this creep implied permission to traspass and destroy my property was outrageous. I kept my cool on the outside though. I was talked down to by all of them. I know I am legaly right. I have called the probate judge, magistrate, state police, surveyer, road department and more. All gave me information that confirmed I was right. But of course none of this helps me. Im sick to my stomach over this. I have contacted my lawyer and we will talk tomorow. Meanwhile 20 cement trucks and heavy rains later I now have a road entirely going over my property with the blessing of the police. I feel like I have no rights!!!!

all you can do is take them to court

big rockpile · #19 04/20/06, 08:18 AM

Hey being a Good Ole Boy helps

Wait that puts me on the wrong side of this

Sorry carry on!

big rockpile

DrippingSprings · #20 04/20/06, 09:09 AM

if there isnt a fence nowd be a good time to build it. nothing fancy just a couple strands and a few posted signs and if it were me id ride out there and sit on the tailgate with some cold drinks and a nice loaded 12 gauge layng in the bed and hope one crossed the line.

if the land has been surveyed etc i would definately run the fence. If they tear it donw Id file charges and sue for damages.

Im all for keeping the peace etc like boylez but you have to protect whats yours and besides where do you draw the line?

Call the law a second time and this time have a witness with a camcorder there to record it. You will get different results I bet.

If you have the inclination find out who is having the house built and explain its nothing personal against them but their contractor I believe any reasonable person would understand.

My neighbors contractor backed into my gate and ruined it and I made him pay. Neighbor didnt mind at all. He told the contractor he should pay up.