have to vent. Good ole boy cops and trasspassers

Sounds like you might have bigger problems that losing 4 ft of property to a contractor. As mentioned, the contractor will come and go. When he goes, fix the road back.

What you may have to worry about is the dreaded 'spec' house. There never seems to be just 1. A 12 ft road is one lane. Someone will have to pull out of the way for someone eventually. Are there any other flags going in the ground across the road ? How about utilities ? Cause any road with an easement probably has a 10 ft utility easement outside the edge of the road.

It may not be today, but if there is land destined for spec homes... utilities may find there way around the edges.

If it were me, I would.

Take some pictures with a film camera of the road now, witht the offending vehicles in the way, and then some shots of the drive around area.

Maybe look into fencing the area. You don't know who your new neighbors are going to be. Will they stay on their side of the road. Will they have a trailer full of ATV's, a pack of kids... If you are concerned about 4 ft of road now, I think you need to step back and look at the bigger picture.

Go to the County clerk and pull the plat. Make sure you are right. Make sure nothing has been recently changed. Check for utility easements.

Have a surveyor come out and check the boundaries. Having a professional attesting to property lines goes alot farther in court than 'heresay'.

Look into having your property fenced, or at least a small part of it. Again, I wouldn't put it right next to the road if you have utility easements cause they will just take it back down.

Also if that road is going to get used by new tennants alot, you may get stuck with paying 1/2 of the upkeep if it strattles the property lines. Gravel and grading isn't cheap. Forget Asphalt.

For kicks, I'd check to make sure their houses comply with any setback requirements your county may have. Ever seen a builder's face when he doesn't comply with building easements.

I'd start pricing fencing cause it sounds like you have bigger fish to fry then a dumptruck or 2.

Hope it works out.

i agree, a shotgun, P-Up and a "git off ma properdie" would be the way i'd go... after all , it is YOUR LAND!


Have you tried calling the State Police and or County sheriff? around here, the Staties actually protect your rights, where-as local yokals tent to violate them

__________________
The Journey -IS- the Destination

Life is not about waiting for the storm to pass, Its about learning to dance in the rain....

Make certain you're on firm legal ground before proceeding. This means you better have a certified survey that specifically states your ownership goes through the middle of the existing road. Anything less than a certified survey is meaningless.

This brings up the age old problem of "shared roads". You don't own the entire road, but rather, must share it with others. Shared roads lend themselves to these sorts of problems.

Calling the cops was the wrong thing to do. However, thats all in the past. The builders see you as someone "obstructing their work". They know they illegally trespassed on your land. They also know the cops are going to back them in any future instances. The die has been cast. Its quite likely the courts will treat you exactly as the cops have.

Cancel the lawyer. Nearly all lawyers are only interested in extracting obscene fees from their clients, while endlessly dragging on the proceedings, in an effort to increase their billing hours.
A lawyer isn't necessary. The expense of a lawyer is something that should be exercised ONLY as a last resort, after all other methods of resolution are exhausted. Americans are far too quick to dial up a lawyer rather than to resolve the situation on their own.

The first thing to do is bring an eyesore junk car and place it in a most visible location, as close to the spec homes as possible. Make certain the junker has "gang type" spray paint grafitti plastered over it. Make sure the word "territory" appears somewhere.
This is an important step. It will show those that you have resolve to back up your talk. 90% of the world is bluff.
Arrange a meeting with the spec home builders. Tell them in no uncertain terms the road WILL be moved back to its previous location. Tell them that you'll be bringing an additional 20 junkers onto the property. Tell them you already have plans to erect a sign "Future home of the Multi-Cultural Trailer Park, welfare moms & older trailers always welcome".
You'll also erect a fence for your kennel, which will house mongrels that engage in nonstop 24/7 barking.
Ask the spec home builders exactly how important it is to them to sell their spec homes in a timely manner? Explain fully to the developers that you don't wish to engage in a "war" with them, you only want your legal property rights.
Leave them an "out". Don't box them into a corner where there is no escape. Again, explain to them you'll be happy with the road as it was and a written document specifying repairs to the road, for any damage they may have caused, will be made immediately after construction is complete.
If they want an agreement to use your property (road) for the duration of building, be reasonable about it. IF they are willing to bring your road back to its previous condition, what harm has been done? Keep a level head and realize there is give & take in everything.

Most spec home builders are on a very tight budget, and the prospect of having to "sit" on an unsold home for a lengthy period of time is most unapplealing to any developer.

Problem solved.

I don't know how it is there but here in Missouri,10 Years for just pointing the Gun,10 years for every shot fired,long as it don't hit nobody,10 years for each Vehicle hit,plus you pay restitution.Plus you have Bail,most Jails charge by the day,got Lawyer Fees,have to pay for all witnesses.

But if your lucky and a Good Ole Boy you will just pay and get Probation.Oh and nobody will mess with you because you are a crazy person.

big rockpile

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I love being married.Its so great to find that one person you want to annoy for the rest of your life.



If I need a Shelter
If I need a Friend
I go to the Rock!

An easement must state specifically what the use is and what property may use it. If it is for a driveway it cannot be blocked. I wasn’t clear reading your post, but does this property have a right to use the easement? I would jump as fast as I could. If they do not have a right to use the driveway I would put up No Trespassing signs and insist the police enforce it. Do not let any tell you there is nothing you can do. It just depends how hard you want to fight

I have trouble with my easement all the time.Road washed out while I was in the Hospital,they came over on my property to get dirt to build it back up It washed out again,guy with the Dozer was going to take my dirt again,I took a Ball Bat down there explained things to him He figured things out and went across the road on my neighbors and got dirt.

Then the Electric Company wanted to put Poles on my side of the Fence,told them where to put their Poles,they didn't like that idea so they moved them where they should be.

big rockpile

__________________
I love being married.Its so great to find that one person you want to annoy for the rest of your life.



If I need a Shelter
If I need a Friend
I go to the Rock!

be careful about one thing

if they decide you are ''blighting' the area and can prove they will build mcmansions that will pay more tax they might just eminent domain you before its over.

boleyz,
I didn't realize that rockpile was in MO too (as am I). Are you? I will tell you if you've not experienced it, you wouldn't believe it. Cars on blocks and pigsties are easily removed, WHEN to offensive actions STOP.
One constituent from somewhere else doesn't mean SQUAT. What does one vote mean when he(the judge) has the rest of the jurisdiction in his pocket.
Don't get me wrong, I love it here, but I do believe this state has the dubvious distinction of having the only meth lab in the country located in the Sheriffs Dept. office. Check it out, a place called Lone Jack, not far from KC.
We've also had judges recalled and state investigations into their courts.
I have lived in the country and in the city, suburbs too in one of the wealthiest places in the US. I've been around a long time. I know how things are supposed to work, I know when they don't. I also know what motivates people to do the right thing....Fear and greed, not a desire to be nice. Cars on blocks+pigsty=hard time selling spec houses. End result, contractor WILL be nicer, a lot nicer. He wants that place across the street to look good.
Rockpile wants a solution, now. After the house(s) is/are built and the contractor gone, what leverage does he have to get the road fixed???

Spam4einstein is the original poster, and no, I live in KY, not MO. I see your points, but I would try to go the "I'm a reasonable guy" route before I'd erect fences, cars, pigsties, or anything else.

Also, for all we know, Spam might have a lot of family, employees, church people, or bowling league aquaintences who could bring quite a bit of pressure on the judge.

I'll admit judges usually are pols, especially the District Judges here. However, many of them also want to do the right thing, and often will. I live in one of the most corrupt counties in America. Our Co. Clerk was recently jailed in a federal drug sting. One of the biggest drug operations in the whole Southeastern US was based here. (Ever hear of the "Hillbilly Mafia"? I ain't kidding)...However, due to good friends, neighbors and outreach, I've been able to have a little "pull" when I've needed it. No, this ain't my birthplace. Been here 9 years.

__________________
"The most beautiful system of the sun, planets and comets, could only proceed from the counsel and dominion of an intelligent and powerful Being." - Sir Isaac Newton
(A REAL scientist)

The guys on that construction crew are probably local as is the contractor. If you wanna make some points and begin the process of being accepted, don't create problems for them. Let them know you realize you could make problems but you wanna cut them some slack. They will remember and return the favor some day. When all is said and done, if everyone reverts back to using the road as normal, great. If it appears that the road has changed course, then maybe some rocks or fence to get everyone back on track. Cut 'em some slack. Pay forward as they say.

Robert

fricknfarm yelp I'm in Mo. You know I just got to thinking 24' isn't much room to work with.I know we have 30' and it isn't enough some times.

big rockpile

__________________
I love being married.Its so great to find that one person you want to annoy for the rest of your life.



If I need a Shelter
If I need a Friend
I go to the Rock!