Neighbor Fencing the Access Road

Discussion in 'Homesteading Questions' started by Pony, Jun 13, 2005.

  1. Pony

    Pony Well-Known Member Supporter

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    Oh, what a Monday it is already!

    The in-laws were up at The Farm (they own the front 20 acres with the house/pole barn/etc.; we own the back 40). Dad noticed the neighbor on the property adjoining his was out there with a marking can again. Last time, the guy was saying that half of Mom and Dad's driveway was his, because he got a "new" surveyor to come out and look at the property.

    Now this guy has decided that he is going to FENCE OFF THE EASEMENT ROAD!! Told Dad that he already sent in the forms to the County -- yeah, I don't think so. So now we have to get a lawyer to fight this, but it's not all bad, because the other owners who use the access road also happen to be lawyers, and they're GOOD lawyers, and good people.

    We are trying not to get too upset about this, and we're trusting the One in control of all things, but I gotta tell ya -- it's hard to pray for this jerk. :bash:

    In the meantime, I think it might be prudent to call over at the County to see what the heck this is all about.

    Pony!
     
  2. pcdreams

    pcdreams Well-Known Member

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    shoot,shovel, shut-up ;)

    ok maybe not a moral solution but I bet it would solve the problem ;)
     

  3. mama2littleman

    mama2littleman El Paso

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    Wow, what a nice neighbor you have there.

    What's his issue? Is he just making a land grab, or are there survet issues that aren't resolved? Or is he just playing solitaire with a deck of 51?

    Eitherway, you may want to look at discussing a harrassment complaint with the county.

    SOrry to hear about your troubles.

    Nikki
     
  4. agmantoo

    agmantoo agmantoo Supporter

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    Go put up a no trespass sign. Call the sheriff and tell them the neighbor is trespassing. The sheriff should respond and an argument will result. The neighbor will be told to halt until the matter is cleared. You need to stop him now so a precedent is not set and you need time to clear the matter without the road being encumbered!
     
  5. Pony

    Pony Well-Known Member Supporter

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    This guy left a suburb not too far from here because he couldn't get along with anyone.

    I can see why. :no:

    He got ticked off because Mom and Dad wouldn't sell him any of their acreage. At the time, I believe his petty, whiny response was, "But I neeeeed it for my alpacas!"

    Now, I am on the phone with the county, and they say he never filed another survey, nor do they have any "forms" or anything requesting permission to do what he's doing.

    Oy.

    Last week, the car. This week, the road.

    I think I shall just skip over the rest of June, thank you... :waa:

    Pony!
     
  6. DrippingSprings

    DrippingSprings In Remembrance

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    I ran into a situation similar to that myself once. I bought 40 acres strictly for resale. I broke it into one 20 acre tract and four five acre tracts. The 20 was behind the four five acre tracts. So when I had it all surveyed I had them cut out a section for the driveway leading back to the 20. It was between two five acre tracts. Well a guy buys the five acre tract and the 20 acre tract and the easement for the driveway that ran down between him and his neighbor. He immeadiately fenced the five acres including his right of way. Then tried to run a road down the side of the fence!! The easement was 20ft wide and 700 ft long before he fenced it in and he was going to try and do that on the other side of the fence!!

    I took the plot map the surveyors gave me that he had looked at numerous times. I explained to him once again the situation, showed him the numbered surveyor rods marking the easement. I assumed it was just a simple mistake on his part. WRONG. His neighbor comes home to a newly gravelled driveway on her side the entire length!!

    It got ugly around there really quick. He left two days later on vacation. We got all of our ducks in a row. Paperwork surveyor stuff etc and called the law. It took three court appearances and about 1000 dollars to make a believer out of this idiot.

    I am financing all of the properties but one. I am hoping and praying this guy gets behind or violates his contract because he has done nothing but stir up trouble since day one. He made a big fuss over all the court stuff and I offered to buy him out with extra for the fence etc but he wouldnt have it.

    CITY BOY explains it all I guess
     
  7. Wolf mom

    Wolf mom Well-Known Member

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    In Arizona, the land used for the easment belongs to someone. The easement is across their land. That person can do whatever they want, IE: fence etc. but they MUST allow you access - They can gate it, but not lock the gate. The county sheirff can't do much. You have to take them to court.

    Sounds like you need to get together with your neighbors (the atty's). File a harassment suit. You can do it yourself. No atty needed.

    Happened to me - dog feces in the road so I couldn't walk, barbed wire balled up along the gate latch so I couldn't ride my horse there, small bolders in the road so I couldn't drive.... Just took pictures - showed them to the judge. She hanged herself!
     
  8. Judy in IN

    Judy in IN Well-Known Member Supporter

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    Man! You guys are scaring me! I've got 37 acres that I'd planned on selling. First, a 15 acre strip because it's already minor platted. Then, I had planned an easement for the remaining 22 acres, possibly split into 3-5 acre lots. I hate these horror stories!
     
  9. Pony

    Pony Well-Known Member Supporter

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    Well, our attorney neighbor is driving out there even as I type to set this guy straight.

    A long phone conversation with the county was highly educational. Seems that the land sale company who handled the sale of these parcels neglected to let this guy know that there IS an easement! Further, the guy is operating under the impression that the land is his, because he hired a new surveyor who told him so. (BTW, no new survey was ever filed.)

    Our neighbor says that it's important to nip this in the bud. He'll go have a friendly chat with the guy and help him to see that WI law requires ungated access, and that the responsibility for preventing land-lock lies with the person whose property blocks access to other property owners.

    I'm getting smarter by the minute! I wonder if this is what the Bible means when it says that we learn from going through trials of all kinds...

    Pony!
     
  10. Pony

    Pony Well-Known Member Supporter

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    Just make sure your ducks are in a row. Then, double check them.

    THEN, take a hammer and nails and NAIL those little duck feet so they stay where they're supposed to be.

    Pony!
     
  11. cast iron

    cast iron Well-Known Member

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    FINALLY, a bad neighbor thread. Do you folks know how long we have gone without a bad neighbor thread? Must be some kind of record! I love the bad neighbor threads... except when I have to start them of course.;)

    ps. I would let the air out of his tires when he is not looking. :)
     
  12. cabe

    cabe Well-Known Member

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    Sorry for you having to go thru all that mess Pony.Do you want to borrow my dog? He has not tasted mean neighbor for a while now -since the guy that tried to dig all my Ginseng while I was gone one day.Why cant folks just drop all that stuff!Sounds like your troulbles are starting with this dude, and your lawyer freind will be a fine allie. Good Luck, and my dog would be glad to help :haha: Marty.
     
  13. Pony

    Pony Well-Known Member Supporter

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    Marty, that is a generous and neighborly offer, and I must admit it is mighty tempting, but I don't want your poor dog to get poisoned of this guy's downright meanness. You could find yourself with Cujo on your hands!!

    In the meantime, I am trying to take the higher road... Not happy about it, but...

    Thanks again for the offer. :)

    Pony!
     
  14. Pony

    Pony Well-Known Member Supporter

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    Oh, this guy is ALWAYS looking. He's the most suspicious person -- and I suppose if you're as mean and ornery and "screw your neighbor" as he is, you'd HAVE to be on the look out all the time.

    Besides, as I said before, I'm taking the high road. That doesn't mean I won't stick my tongue out at him when his back is turned, though. And I might be tempted to put "Neener, Neener" posters on the surveyors marks when we get a REAL guy out there to do the job. ;)

    Pony!
     
  15. cabe

    cabe Well-Known Member

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    You are a good person Pony.My wife would be mad at me if she saw my advice to you. Please dont tell her :) :) Marty.
     
  16. crystalniche

    crystalniche Well-Known Member

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    Don't you just hate it when city people move in and try to change the neighborhood into a part of the city? One of our neighbors did this and is still trying to change everyone around him to his way of doing things. They moved from a city trailer park into the country and expected peace, quiet, no one around but them and to be able to allow their dogs to do what they wanted, have the neighbors get rid of their animals(goats), fancy up their yards and put up big, heavily mortgaged houses! Oh yes, and when they are having a pool party none of the neighbors are allowed to go outside in their own yards because these neighbors want privacy! But no privacy fence. I was out working in my garden one July weekend day when I heard them shouting things over at me about "nosey neighbor" "go back in your house where you belong" and so on. I went and got my husband and they stopped saying things. I was no where near the property line, at least 200' away and behind a row of pine trees. It is a wonder that they even saw me out there. I am not at all interested in anything they are doing over there. Oh, and they come into our yard and mess with things when they think we aren't home. One afternoon it was very hot working outside. For a break I sat in our van, turned on the AC and fell asleep because I got so comfortable. My husband was just coming over to wake me up when this neighbor came over the wall and took a board and began banging on the van door. He didn't like the noise of the engine running! When I woke up he ran back over the wall. He never saw my husband. There were scratches and dings in the van door from the board he was hitting it with. I was at least 300' from the property line and as our van is newer it is quiet. There is a lot more but I think most of us either are or have gone thru something similar.
     
  17. Ana Bluebird

    Ana Bluebird Well-Known Member Supporter

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    This line is very funny: they're GOOD lawyers, and good people.

    Sorry, but don't care for lawyers--too many bad experiences with them.

    But I will say one thing, I will never, ever buy another property with access across someone else---eventually it becomes a MAJOR problem, contract or not. I almost got shot over it so I sold and got out!
     
  18. mikell

    mikell Well-Known Member

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    Neighbor with board in hand = Deceased neighbor due to self defense. End of problem.

    mikell
     
  19. MorrisonCorner

    MorrisonCorner Mansfield, VT for 200 yrs

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    I had someone do something similar across my land... blatant land grab. Took forever to get it straightened out, and even though it was clearly marked on maps, with landmarks and pins, exactly what was his and what was ours, it still took some 8-10 months of meetings, huge amounts of everyone's time, just so this guy could have his say about how unfair it was that he didn't own our property because (get this...)

    He remembers driving on it as a child.

    No kidding. My grandfather generously allowed his grandfather to park his jeep on our side of the stone wall and this entitles him, 70 years later, having not visited the property for some 50 years, to demand a couple acres of our property.

    It just blew me away that anyone would not only try this, but honestly think they were going to get away with it. Do you know one of the reasons he gave the selectboard as to why they should re-draw the property lines?

    "She is mean to me."

    This because I told him he had to park his car in his driveway, not in the middle of our one lane road blocking access to our house...

    Neighbors. I don't want to own everything... just what's next door to me!
     
  20. Pony

    Pony Well-Known Member Supporter

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    I can see this getting nasty, but we do have the strength of numbers (6 landowners vs. Mr. This-Land-Is-MY-Land).

    Also, the locals like us, because we are the last people to try to turn our place into a mini-suburb. We pitch in and help others when we're there. We're polite to the local constabulary. We don't try to be everyone's best buddies, just their best neighbors.

    So, if/when this guy starts up his baloney, we'll document everything (like Wolfmom did) and I'm sure someone will be covering our backs.

    And yes, Ana Bluebird, lawyers are real people. I've had bad lawyer experiences, too, but not all of them are corrupt sell-outs: Many of them remain truly decent and giving folk. One of "my" lawyers works exclusively in poverty law; the other teaches criminal law. Both have been activists and advocates for the down-trodden all their adult lives. I admire and look up to these two very fine people.

    Marty -- I won't tell your wife if you don't! ;)

    Pony!