Hey I Am Really A Good Guy

[big rockpile]

Neighbors again. Right after my New Neighbors moved in they wanted to buy part of our property. I told them no several times. They said I should sell because I'm not using it.

Well they Parked their Camp Trailer on me, put up Satellite Dish on me and was mowing over on me. I put a stop to it.

They hired a Guy to mow their Grass. He was mowing on me. I told him not to. He threaten to call the Sheriff. I told him to I would get him for Trespassing.

We went to a Lawyer. He told us to put up a Fence but even though property Line would cut their Drive off just run it down to where they could get in. So we put Fence up.

We took down the Fence along the Drive because we are starting a Business and we actually have a Circle Drive and this would make it look better.

Today we get a Letter from the Lawyer we seen telling us that these people had also went to him. They are wanting us to take down the Fence, if we don't they are suing us to sell them the property He even sent an aerial of properties and drawed improvements they are wanting to do on their House, the reason they need the said property

My wife is going back to the Lawyer tomorrow she is saying best I not got. She is saying best I not do what I am thinking. Well not right now but I'm really thinking of Goats and Hogs.

big rockpile

[Missourifarmboy]

Lawyer sounds like an idiot he can't represent both of you to begin with. Do they have an easement for their driveway ? If they don't I wouldn't even allow that.

[Alice In TX/MO]

And a big flock of roosters.

[big rockpile]

Originally Posted by Missourifarmboy

Lawyer sounds like an idiot he can't represent both of you to begin with. Do they have an easement for their driveway ? If they don't I wouldn't even allow that.

Nope they sure don't wanting me to sell it to them, plus so much of our property. What is funny they offered me $5000 for it then I turned them down in the letter they are wanting to give $1,500. I really need to watch how much property I have with our Septic System, we have a Lagoon, in the state of Missouri we need 3 acres.

Yes I thought the same when I seen who the Lawyer was.

The Guy has said he will spend what it takes to make an example of me. I told my wife for the right price we're out of here.

big rockpile

[hawgsquatch]

A lawyer cannot legally represent both of you. Once he has taken your money he is obligated to stay on your side as well. This is where you file a complaint. http://www.mobar.org/ethics/. I would file on the lawyer ASAP, then ask for a change of venue as far away as possible. Next file a counterclaim asking for punitive damages as a result of loss of consortium, emotional distress, and intentional mental anguish.

I was going to be a scumbag lawyer before I had a change of heart.

[handymama]

Sounds like you need a new lawyer

[hawgsquatch]

Also get someone to send you a certified letter making you an offer on the said property. I am offering you 15,000.00 right now etc. That way you can establish the price of the real property. Get assessments from real estate agents as to how the property enhances your current holding and how much it is worth on an appraisal.

[sisterpine]

Oh dear...I was hoping those folks would settle down. Why oh why do folks buy property and not even know where their property lines are? I forget how long you have lived there...can you get your money back out if you sell?

[copperkid3]

Originally Posted by Missourifarmboy

Lawyer sounds like an idiot he can't represent both of you to begin with.
Do they have an easement for their driveway ? If they don't I wouldn't even allow that.

Originally Posted by hawgsquatch

A lawyer cannot legally represent both of you.
Once he has taken your money he is obligated to stay on your side as well.
This is where you file a complaint. http://www.mobar.org/ethics/.
I would file on the lawyer ASAP, then ask for a change of venue as far away as possible.
Next file a counterclaim asking for punitive damages as a result of loss of consortium, emotional distress, and intentional mental anguish.

I was going to be a scumbag lawyer before I had a change of heart.

Originally Posted by handymama

Sounds like you need a new lawyer

***************************
lawyer is working both sides of the fence; only that his neighbor
went to see him and then he sent a letter to BRP indicating this event.
THAT is something that he is obligated to do as BRP is/was his client.

Unless there is further evidence that the lawyer has done something
unethical, BRP has nothing to fret about in that area. If he has done
something wrong, then it's time to find a brand new and better lawyer
and to go after the first. Lawyers generally don't like to sue other lawyers,
but if there's money to be made. . .

No doubt, if the lawyer's crooked, he'll want to settle first to avoid
the possibility of disbarment. Use the proceeds to build a better and higher fence.
And start raising guineas and peacocks.....

[Molly Mckee]

You can sue someone to sell you their property? You sure can't here, I hope.

[big rockpile]

Well she went to the Lawyer and talked with him. Seems the case was under her name instead of both our names So he said he was sorry that he couldn't represent either of us. Even though he could no longer give New Advise he still stood by his original advise of putting up the Fence. We can't keep them from their property but we don't have to give the the circle drive.

He did give us another Lawyer to go to.

big rockpile

[copperkid3]

Originally Posted by big rockpile

Well she went to the Lawyer and talked with him.
Seems the case was under her name instead of both our names So he said
he was sorry that he couldn't represent either of us. Even though he could no
longer give New Advise he still stood by his original advise of putting up the Fence.
We can't keep them from their property but we don't have to give the the circle drive.

He did give us another Lawyer to go to.

big rockpile

********************
Did the lawyer take ANY money (or thing of value) from either
you or your wife previously when advising on what to do
with the trouble with the neighbor(s)? I'm thinking from his
present statement, "that he couldn't represent either of us,"
that that is probably the case and he wants to distance himself
from the liability of having dealings with both parties. And that
cop-out of the previous case was in her name makes no sense
either. Something smells rotten, but until you fully disclose what
has taken place, there's not much that anyone can do to help you.

Are things usually this difficult in your part of the Ozarks?

Hopefully you didn't take his last piece of 'advice' and find yourself
your OWN lawyer. Birds of a feather, usually try to steer their "pigeon" to a 'friend'.....

Don't ask me how I know this.

[Cornhusker]

I think you are being hoodwinked.
It's your property, anything you find on your property is yours, and they can't make you sell it to them.
Just say no.
maybe you should buy them out and eliminate the problem?

[big rockpile]

Originally Posted by Cornhusker

I think you are being hoodwinked.
It's your property, anything you find on your property is yours, and they can't make you sell it to them.
Just say no.
maybe you should buy them out and eliminate the problem?

Oh we are going to price our place high enough where we would be comfortable moving. They take it or shut up.

We still have or Cabin 75 miles away which we both like but my wife would have to give up her Job she really likes.

Had this problem with our Farm went through 17 years of putting up with a neighbor not wanting us there. He finally accepted my price and I kick myself every time I go by there.

big rockpile

[haypoint]

Originally Posted by Molly Mckee

You can sue someone to sell you their property? You sure can't here, I hope.

I didn't think so either, but it happens.
Joyce owned 80 acres a few miles from me. The road runs along the north side, 1/4 mile, turns and runs along the east side for a 1/4 mile, then turns east away from her property. At the corner where the roads turns east, there is a two-track trail along the east side of her property.
A guy bought an acre just east of the two-track trail. He used the trail as his driveway and built a home on Joyce's property. When Joyce discovered it, she demanded he tear down the house and get it off her 80 acres. I forget who took who to court, but the end result was that Joyce had to sell an acre off her 80 acres, fair market value. She could have appealed the ruling and for a few thousand dollars had a chance with a new judge. She took the money. Sad part is that the acre she sold blocks access from the road to the two-track trail that gives access to the back half of her 80 acres.

A few things about BRP's neighbors makes no sense. My gut says there is either more to this story or we are hearing only one side. Perhaps both. A survey and a fence solves it all. A partial fence, allowing un-deeded encroachment and permitting easement complicates this a bunch. This has been simmering far too long, in my estimation.

Sell off enough land to get below the 3 acre requirement for a septic lagoon and the neighbors won't have to buy the rest, they'll just watch the Health Department condemn your 2.99 acres.

The time to get their camper or satellite dish off your property is the second you discover it. The time to establish the legal property line on the land they use as a driveway is the moment you have the survey done That should have been done at the very beginning. You can lose access to your land by allowing access.

A friend bought a house on a corner. The next door neighbors would come around the corner and drive across the front of his yard into their own yard. His driveway was on the other street, so it didn't matter to him. Eventually, he wanted to sell and first wanted to do some lawn work. He explained to his neighbors that he'd be re-seeding the lawn and they were to stay off. They refused. He took them to court. Because they had used this yard as a driveway for many years, they now had legal easement. For free no less!

[bryant]

adverse possession is the way you can take land from the rightful owner, in most states it takes seven years of uninterrupted use by only the person claiming adverse possession. In Arkansas, the Legislature has put such heavy requirements on it as to include, you (the adverse claim maker) must be able to prove that you not only made use of the property for seven years but also paid the property taxes on said land for the same seven years. Even then you are going to need a Real Estate Lawyer to represent you in court, which may or may not rule in your favor.

In Arkansas, Easements must be included in a Deed in order to be valid, they are considered in perpetuity and only voided if another deed titled Relinquishment of Easement is recorded with the county clerk.

If there was no easement ever granted to the previous owner of the neighbor property, they have no claim or right to use said driveway and it can be completely fenced off.

Every state has statutes concerning both these situations. A call to the State Attorney General's office will give you the answers to them for that state.

[haley1]

put up a fence and get pigs

[simi-steading]

Myself, I'd become the worst possible neighbor that neighbor would ever want.. Lots of shooting, lots of noisy roosters, a few stinky hogs and some braying donkeys...

Make them want to move..

[big rockpile]

Originally Posted by haypoint

I didn't think so either, but it happens.
Joyce owned 80 acres a few miles from me. The road runs along the north side, 1/4 mile, turns and runs along the east side for a 1/4 mile, then turns east away from her property. At the corner where the roads turns east, there is a two-track trail along the east side of her property.
A guy bought an acre just east of the two-track trail. He used the trail as his driveway and built a home on Joyce's property. When Joyce discovered it, she demanded he tear down the house and get it off her 80 acres. I forget who took who to court, but the end result was that Joyce had to sell an acre off her 80 acres, fair market value. She could have appealed the ruling and for a few thousand dollars had a chance with a new judge. She took the money. Sad part is that the acre she sold blocks access from the road to the two-track trail that gives access to the back half of her 80 acres.

A few things about BRP's neighbors makes no sense. My gut says there is either more to this story or we are hearing only one side. Perhaps both. A survey and a fence solves it all. A partial fence, allowing un-deeded encroachment and permitting easement complicates this a bunch. This has been simmering far too long, in my estimation.

Sell off enough land to get below the 3 acre requirement for a septic lagoon and the neighbors won't have to buy the rest, they'll just watch the Health Department condemn your 2.99 acres.

The time to get their camper or satellite dish off your property is the second you discover it. The time to establish the legal property line on the land they use as a driveway is the moment you have the survey done That should have been done at the very beginning. You can lose access to your land by allowing access.

A friend bought a house on a corner. The next door neighbors would come around the corner and drive across the front of his yard into their own yard. His driveway was on the other street, so it didn't matter to him. Eventually, he wanted to sell and first wanted to do some lawn work. He explained to his neighbors that he'd be re-seeding the lawn and they were to stay off. They refused. He took them to court. Because they had used this yard as a driveway for many years, they now had legal easement. For free no less!

Soon as I seen all on my property I told them to get it off. This was the time instead of moving the stuff they had place surveyed third time in less than two years. I told them this was silly being as the Pins never moved. He said it was only money.

They are from Canada and own a Business in St. Louis, they are only here on weekends. They have made it clear they have plenty of money to mess with people like me.

What is funny the previous owner didn't own the place it was sold along with our place on Court House steps. The Guy that bought it felt sorry for them, they got it back for what he paid and them paying for the paper work. They had guts enough wanting him to pay for the paper work, he told them no. Then they call him night before closing telling him to be up at Lawyers office at such ans such time that they had to close. He told them he was busy he would get there when he got there.

big rockpile

[haypoint]

Just be sure you have proof you told them to move their stuff off your property. Get your proof that you haven't been letting them use your land for their driveway. You'll need proof when this goes to court.