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Post by Sasquatch on Mar 4, 2021 13:26:10 GMT -5
A little background: I have mentioned that my farmer neighbor plowed up more and more of my yard over the years until I had my lawyer send him a letter. Then he had a survey done and t-posts stuck at the borders. To my amusement this only reinforced my position, as he was inside the line 3-6 feet in various places. ( FYI I called him several times, even tried to flag him down while he was in his tractor. Won't respond. ) I figured I'd put up a line of posts at least, in accordance with some of the recommendation I got here. Haven't been able to get to it, and to be honest the sense of urgency had dissipated after he shot himself in the foot with his own survey. Still, I wanted to do something before spring plowing began. So I went out yesterday while laying out a strawberry bed and the nut has removed the post on the North end.  (This is where his mad plowing was the farthest off.) Anyway, thought you might like to hear the latest. Any idea what the dude is thinking? I would be fascinated to talk to this guy. Oh well, his neighbors at the other end of the field say he won't talk to them either. Won't even look at em. |
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Post by deadeer on Mar 4, 2021 13:32:45 GMT -5
Just put up your own posts with no trespassing signs on the property lines.
Maybe put something on the line like a vehicle, swingset, lawn chairs, etc. Take pictures with signs and posts for reference to have evidence if he hits anything.
Be civil, but stand your ground since the survey showed the line.
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Post by freedomhunter on Mar 4, 2021 13:43:10 GMT -5
File a report and get a cease and desist. I would say that is destruction of private property. Or, just file suit, obviously the guy isn't going to stop. Get your attorney involved.
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Post by greghopper on Mar 4, 2021 13:55:24 GMT -5
File a report and get a cease and desist. I would say that is destruction of private property. Or, just file suit, obviously the guy isn't going to stop. Get your attorney involved. That’s exactly how it should be handled 👍 |
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Post by Woody Williams on Mar 4, 2021 14:52:11 GMT -5
File a report and get a cease and desist. I would say that is destruction of private property. Or, just file suit, obviously the guy isn't going to stop. Get your attorney involved. This.. No more games.. |
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Post by greghopper on Mar 4, 2021 15:44:49 GMT -5
Did you actually see him remove the stake ?
There maybe a mark on the ground where the stake was. I would also get some pics for the lawyer to review.
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Deleted
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Post by Deleted on Mar 4, 2021 17:55:01 GMT -5
File a report and get a cease and desist. I would say that is destruction of private property. Or, just file suit, obviously the guy isn't going to stop. Get your attorney involved. This.. No more games.. I agree, I would also put up new posts and place a trail cam |
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Post by welder on Mar 4, 2021 18:06:02 GMT -5
Did you actually see him remove the stake ? There maybe a mark on the ground where the stake was. I would also get some pics for the lawyer to review. This. Usually a piece of rebar with a plastic cap on the top,driven just below ground level. |
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Post by esshup on Mar 4, 2021 23:35:45 GMT -5
I agree with everything that was said. Stay on top of it, I heard that there was a law on the books (but haven't verified it) that if a neighbor is allowed to use your ground for "X" years then it becomes theirs.
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46382
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Post by 46382 on Mar 5, 2021 6:15:25 GMT -5
Game cam would come in handy, too.
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Post by duff on Mar 5, 2021 7:40:55 GMT -5
Hire Clint!  |
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Post by blackmouthcur on Mar 5, 2021 9:51:42 GMT -5
It sounds like what you need to research is a “Prescriptive Easement”.
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Post by esshup on Mar 5, 2021 12:37:30 GMT -5
It sounds like what you need to research is a “Prescriptive Easement”. THANK YOU! Uninterrupted use for a minimum of 20 years (in Indiana). |
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Post by M4Madness on Mar 5, 2021 19:15:07 GMT -5
It sounds like what you need to research is a “Prescriptive Easement”. THANK YOU! Uninterrupted use for a minimum of 20 years (in Indiana). Well, technically, I've gained ground from my neighbor then. LOL! Back in 1990, the previous owners of both my property and the neighbor's property came to an agreement to move the fence back away from the true property line towards the neighbor's side. This was done because the true line runs at an angle and comes three feet from one of the corners of my house and the neighbors had cattle at the time that would moo in the bedroom window. LOL! Both my neighbor and I moved into our respective homes three years later in 1993, and the new neighbor agreed to leave the fence where it was. It has now been that way over 30 years. The neighbor approached me recently about buying some of his ground to clean up the line and gain a buffer. So, while I can now technically claim the section of his land on my side of the fence as mine, I'd be better served to accept his offer to buy more and move his fence back even farther. |
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Post by raydon on Mar 5, 2021 21:08:53 GMT -5
I thought that all legal surveys used metal stakes driven below ground level, then a temporary stake sticking above ground for visual purposes. You might use a metal detector to locate the stakes, mark them with spray paint, and take some pics. Good luck....
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Post by budd on Mar 6, 2021 8:54:12 GMT -5
For the last couple weeks I've been cutting a shooting lane along the south end of the property line. The neighbor had made a 4wheeler trail along there 15 years ago but it is mostly grown up. I knew there was a old fence in there so I started metal detecting through the snow finding the old nocked down fence. When I got clear to the southeast corner I found the old steel surveyors post and metal plate. I then backed off about 10ft and started cutting my trail. Neighbor will not be happy when he finds out almost 80% of his trail was completely on me..LOL. Should I call and let him know what Im doing? I have not seen him up here for almost 10 years.
Things could get interesting when I start cutting the east line between me and the Indian land.
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Post by medic22 on Mar 6, 2021 9:23:40 GMT -5
It sounds like what you need to research is a “Prescriptive Easement”. THANK YOU! Uninterrupted use for a minimum of 20 years (in Indiana). It's not that simple as adverse possesion is also applicable here. This requires notice and you have to pay the property taxes. This came into effect with a land dispute when I bought my house. The neighbors "bought" a parcel 20 years ago but never filed. For 20 years everyone else was paying taxes on those parcels they had no access too. Because of this, the neighbors had no legal recourse to maintain control of property they paid for and now they pay me a yearly lease. |
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Post by steiny on Mar 6, 2021 10:00:46 GMT -5
I placed giant boulders along the property lines in areas like this. Would take a tractor to move them, and you could damage farm equipment if you hit them.
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Post by Sasquatch on Mar 7, 2021 20:49:54 GMT -5
Did you actually see him remove the stake ? There maybe a mark on the ground where the stake was. I would also get some pics for the lawyer to review. I did not see him do anything, which is why I didn't go crazy right away. I have to ask my other neighbor ( the next-door one ) if he removed it for whatever reason, because it is at the place where our three properties meet. As they say, "Assume makes an ass out of you and me." Since he isn't insane, I should be able to find out pretty quickly. I do have a lot of pictures showing how far off things got. Also, I had my my attorney send him a "Cease and desist" letter in 2019. This is what prompted his survey-- that ultimately made him look even worse. It's so funny how folks are different. The guy that actually lives next door, Thank the good Lord----thank you, thank you---is a great guy. I shovel his driveway sometimes and occasionally weed-eat his treacherous road ditch. He noticed my lawn mower getting hauled off once, and mowed about 3/4 of an acre of my yard! He used his tractor to smooth out the terrible, muddy mess a contractor left behind. We send him pies. Just a good relationship. Then you have "farmer guy" that won't even look at you, let alone talk to you. He probably yells at kids if their soccer ball rolls into his yard.  |
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Post by freedomhunter on Mar 8, 2021 8:46:13 GMT -5
Did you actually see him remove the stake ? There maybe a mark on the ground where the stake was. I would also get some pics for the lawyer to review. I did not see him do anything, which is why I didn't go crazy right away. I have to ask my other neighbor ( the next-door one ) if he removed it for whatever reason, because it is at the place where our three properties meet. As they say, "Assume makes an ass out of you and me." Since he isn't insane, I should be able to find out pretty quickly. I do have a lot of pictures showing how far off things got. Also, I had my my attorney send him a "Cease and desist" letter in 2019. This is what prompted his survey-- that ultimately made him look even worse. It's so funny how folks are different. The guy that actually lives next door, Thank the good Lord----thank you, thank you---is a great guy. I shovel his driveway sometimes and occasionally weed-eat his treacherous road ditch. He noticed my lawn mower getting hauled off once, and mowed about 3/4 of an acre of my yard! He used his tractor to smooth out the terrible, muddy mess a contractor left behind. We send him pies. Just a good relationship. Then you have "farmer guy" that won't even look at you, let alone talk to you. He probably yells at kids if their soccer ball rolls into his yard. Some people are just jerks and always will be. Most of them cut and run when you confront them. |
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(This is where his mad plowing was the farthest off.)
