Neighbors trespassing

CarolT · #21 07/14/12, 09:48 AM

Also, I like the sign with a erasable marker hanging from it and above the blank space it says "Please fill in the name and number of your next of kin, so we can notify them as soon as possible where to pick up the body. Thanks!"

7thswan · #22 07/14/12, 10:14 AM

Quote:

Originally Posted by loghome mom

Was the road they were cutting trees and digging asparagus on your driveway or a road maintained by the county or state? Not sure about there, but here, if the county maintains it, it is public property and we can't do anything about things like that

Private property. Years ago an attorney told us that all we have to provide is ingress and egress. He told us that we could pasture our animals on the road and put gates across the road if we wanted to as long as they could be opened to provide the ingress and egress.

They wouldn't come out and talk to us this morning when we went riding. On the county road portion that boarders our property we have planted thick pine trees that are growing nicely blocking the fields because we used to have a lot of problems with people poaching deer there.

I'm confused-You need to provide Them ingress and egress to What?

pancho · #23 07/14/12, 10:42 AM

Quote:

Originally Posted by 7thswan

I'm confused-You need to provide Them ingress and egress to What?

And why?

fishhead · #24 07/14/12, 10:47 AM

Quote:

Originally Posted by loghome mom

Was the road they were cutting trees and digging asparagus on your driveway or a road maintained by the county or state? Not sure about there, but here, if the county maintains it, it is public property and we can't do anything about things like that

Private property. Years ago an attorney told us that all we have to provide is ingress and egress. He told us that we could pasture our animals on the road and put gates across the road if we wanted to as long as they could be opened to provide the ingress and egress.

They wouldn't come out and talk to us this morning when we went riding. On the county road portion that boarders our property we have planted thick pine trees that are growing nicely blocking the fields because we used to have a lot of problems with people poaching deer there.

I don't know the laws in MI but in MN smaller roads like county and townships normally have transportation easements and the property owner still owns the property and can dictate what activities are allowed beyond transportation. Digging roots is NOT transportation and the property owner could allow or not allow it.

Common Tator · #25 07/14/12, 10:51 AM

If someone has an easement across your land, you can still gate the property, and either give them a key to the lock, or let them put their own lock on the gate. Our gate has several locks on it, linked through each other like links of a chain. The utility companies have an easement across our land so their locks are on the gate. They may enter the property, and follow the easement as it was recorded with the county. That easement follows the power lines, and they can't deviate from the easement. So it is OK if they have their truck parked under the power lines and they are working on them. It is not OK if they are parked by the pond and are out hiking around the ranch in areas away from the power lines.

So find out exactly what rights the guy actually has. Find out what is recorded and get a copy of it. I suspect that if there isn't anything recorded, then your lawyer gave you bad advice. Is the guy's only access to his property through your place?

loghome mom · #26 07/14/12, 12:01 PM

There are several 10 acre parcels that connect to our property at the end of the road. My DH's uncle broke up his 100 acres (back end of the family farm) which is at the dead end of our road and property. There is another way out along a power line, but most do not use that. We are going to make an appointment to see an attorney next week to find out what our rights are and how we should handle these situations since they seem to be increasing and people are becoming bolder.

Darren · #27 07/14/12, 12:06 PM

Quote:

Originally Posted by machinistmike

I guess I am a little confused. You say you provide ingress and egress, does that mean the neighbor has an easement? If so, wouldn't that mean he can cut trees back if they are encroaching on the road? I would be very hesitant with the digging of holes in the trails, even if it is on your property, you could very well open yourself up to a lawsuit if someone were to get hurt. It would be in your families best intrests to at minimum to keep a level head and not make rash decisions, those could only prove to be the cause of even bigger headaches than the tresspassing issue. Locked gates, as others have mentioned, would be a great first step to put a stop to it, next I would put up shooting targets along the road or trails with bullet holes in them and then be sure to pop off a few rounds in a safe direction everyday they were in town. They come strolling down that road and see all the targets with holes in them might just be enough for them to reconsider their adventure.

Ditto the bullet holes.

nathan104 · #28 07/14/12, 01:23 PM

Good fences make good neighbors.

Fence off everything they do not have a legal right to access. Fence along the road where they can not do anything but travel the easement they have a legal right to. Put up gates.

Do not let them trespass without consequence, even once. Call the sheriff every time. Chase after them with guns every time. Make it as inconvenient as possible for them. Have shooting practice while they are around, 22lr ammo is cheap. Get a mean dog and put up signs, but make sure it is fenced in and cant get to them where they have a right to be.

houndlover · #29 07/14/12, 01:53 PM

Fences, gates, and big dogs. If they get by all those, there's always Smith and Wesson. If your rural area is anything like mine, it would take a sheriff over an hour - if they come at all - for something non emergency. Most rural areas are grossly understaffed.

ronbre · #30 07/14/12, 03:47 PM

i'd be stringin me some fence

SFM in KY · #31 07/14/12, 03:48 PM

Quote:

Originally Posted by ronbre

i'd be stringin me some fence

Barbed wire fence.

sandsuncritters · #32 07/14/12, 06:11 PM

Electric fence, electric gates, signage, gate alarms, and infrared game cameras.

The cameras are important, not just for evidence, but because sometimes it's hysterically funny how stupid people can be

Redneck comedy at it's best

We used to have a gate alarm that played Dixie at 100 decibels, and a motion light that activated a disco ball. And then there was the neon bull in motion... Our kids were very creative techie nerds in addition to being bang up farmhands LOL

Use everything at your disposal to convince them that it's easier to avoid your property altogether. Trespassing is serious business and your home's security is being severely compromised. People are becoming stupider and more dangerous by the minute.

In His Love
Mich

DebbieLynn · #33 07/14/12, 07:44 PM

My favorite sign reads "WARNING! Only DEAD people trespass" and I agree with others about the targets with bullet holes.

kasilofhome · #34 07/14/12, 08:09 PM

Guest are invited
All others are
assumed to
be searching for
their grave

We will assist.

mare · #35 07/14/12, 08:20 PM

before you do anything you should be contacting the lawyer that you said you were going to--i dont know what ingress and egress means, are you sure you do?

DGFALL · #36 07/14/12, 08:53 PM

Forget all the "Gun" talk unless you are willing to lose your farm. Targets threats etc, are the things called evidence in a courtroom if anything happens as are beware of dog signs.

idigbeets · #37 07/14/12, 08:58 PM

Trespassing is a crime... especially when there's signage.. Couple in property damage, downed fences, escaped animals...

Add the fact that castle doctrine laws have expanded the curtailage areas around a house, duty to retreat etc.. I don't think "gun talk" is out of the question... Many times all it takes is the sight of one to straighten the wayward trespasser out.

DGFALL · #38 07/14/12, 09:05 PM

The Castle doctrine means you can defend yourself against attack. It DOES NOT mean you can shoot trespassers or even threaten to shoot them. A threat with a firearm is an assault and can be treated as such in court. After conviction you will probably lose your right to own a firearm. And on top of that you may be sued.

unregistered41671 · #39 07/14/12, 09:13 PM

If you were to put up a sign that said, "trespassers will be shot" and an incident did occur that was not planned but just escalated in the heat of an argument it could be that the DA could say that you were looking for trouble.

Ravenlost · #40 07/14/12, 09:58 PM

Quote:

Originally Posted by loghome mom

There are several 10 acre parcels that connect to our property at the end of the road. My DH's uncle broke up his 100 acres (back end of the family farm) which is at the dead end of our road and property. There is another way out along a power line, but most do not use that. We are going to make an appointment to see an attorney next week to find out what our rights are and how we should handle these situations since they seem to be increasing and people are becoming bolder.

I'd be asking a lawyer how you go about making sure they can't use your road any more since they do have another way to access their property. Seems like you are being quite gracious letting them use your property to access theirs and they are taking advantage of you.