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Author Topic: Politely telling neighboring property owner about use of our land  (Read 2990 times)

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Offline Southside logger

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Re: Politely telling neighboring property owner about use of our land
« Reply #20 on: May 13, 2018, 10:06:37 PM »
You may not be liable in the end of it all, but what will it cost you?  The problem is attorneys decide what is "gross negligence" and insurance companies determine just what it's worth to invest in said attorney.  

Is a 16' cable gate with a single piece of 10' PVC pipe across it reasonable or gross negligence? I suspect the answer is "it depends" and a major factor is likely the gate owners net worth.  Brought to you by the law firm of We, Cheat'em, and How.     
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Offline mike_belben

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Re: Politely telling neighboring property owner about use of our land
« Reply #21 on: May 13, 2018, 11:11:17 PM »
I guess it depends on the size of the injured persons pockets.  Attorneys dont work for free and dont waste their time on probono cases with low payout odds.  Historically the hold harmless laws of the northeast have been quite robust.  Its been 10yrs or more since i was involved and they may have weathered a bit, but id been told they were rock solid.  What puts you at risk is accepting "donations" of money, labor, swag etc which many landowners did. 

Its kinda like FOPA of 1986.  Some states are known to stomp on it and some are known to not even investigate.  Or like self defense laws and castle doctrine.  In mass you might be well within the letter of the law and still go to prison for self defense after years in court.  In most of TN, dude crosses your fence middle of the night and gets shot, not much to investigate.  

Theres shades of gray. No one has all the answers and there are no true guarantees in life. 

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Offline John Mc

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Re: Politely telling neighboring property owner about use of our land
« Reply #22 on: May 14, 2018, 07:18:08 AM »
Back to the OP's question. I would certainly start with a polite conversation, expressing whatever rules you have for your property.

As soon as you get home, I would write yourself some notes on the conversation: what you said and what he said, the date and time of the conversation and the date & time you wrote the notes. In most cases, showing that the offender was aware he/she was doing something wrong increases the chances of holding them accountable. It's likely to be your word against his (unless you have a spouse or friend go with you), but notes taken immediately after the conversation carry a surprising amount of weight in the eyes of a judge.
If the only tool you have is a hammer, you tend to see every problem as a nail.   - Abraham Maslow

Offline dgdrls

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Re: Politely telling neighboring property owner about use of our land
« Reply #23 on: May 14, 2018, 09:45:12 PM »
Maybe I missed it in the tread? 
Get it surveyed, pin the corners, paint and blaze the lines and add inter-visible 
points on line.  Makes it easy, you know what you have and so do the neighbor(s).

 Ask the Surveyor to send notice of the work to be performed to all the adjoiners,
Its also a good way for the Surveyor to get maps and other info on the land
and the adjoiners get a notification before you have introduce yourself,

Best
Dgdrls







Offline Magicman

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Re: Politely telling neighboring property owner about use of our land
« Reply #24 on: May 14, 2018, 09:49:06 PM »
Very good advice and spoken by a Registered Land Surveyor.  8)
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Online bigtrees

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Re: Politely telling neighboring property owner about use of our land
« Reply #25 on: May 15, 2018, 10:49:50 AM »
Thanks all. I think I will need a polite but firm letter to the adjacant owner letting him know that we are the new owners and we wish to close the property at this time, and ask that he discontinue his use of the land. I'll explain that my wife and I just bought the property and we want a chance to check out and see what we bought and develop our management plans first. Eventually we may be able to reopen it in the future but we need some time to get acquainted with the property first.

I also agree about marking property boundaries. Surveyors have been in there to locate the corners. One of my first projects will be to flag the lines so everybody knows where they are. I think that will help eliminate any confusion.

Appreciate your suggestions.

Offline WDH

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Re: Politely telling neighboring property owner about use of our land
« Reply #26 on: May 15, 2018, 08:23:34 PM »
A face-to-face, polite, but firm, conversation is more personal than a letter.  A letter is a one-way communication.  A face-to-face allows for discussion and hopefully better understanding.  In any event, good luck with it. 
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Offline mike_belben

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Re: Politely telling neighboring property owner about use of our land
« Reply #27 on: May 15, 2018, 09:57:59 PM »
Im with WDH.  Realtime feedback is critical in all human interactions in order to adjust your words as you go for best outcome, and you dont get that in a letter.  I dont think i ever got a letter "informing me" of anything that i didnt curse at.  It sets the stage for sour relations.  "Oh look its the new jerk next door who sent us that BS letter." 

 The survey letter otoh comes off as just a business doing its job.  Like the electric company checking meters or something.  
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Offline YellowHammer

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Re: Politely telling neighboring property owner about use of our land
« Reply #28 on: May 15, 2018, 11:25:30 PM »
Carry a cell phone, be prepared to dial 911 before it gets out of control, not after.  

Routinely patrol the fenceline, if possible, to make your presence known.  

Rarely have I had it work out without some sort of delayed trouble, even if verbal, however it does occasionally.  Once I talked to a habitual vandal's preacher.  On another time, I talked to another fellows parents.  Once I made a deal with a cop that he could hunt my land if he would stop the trespassers and fence cutters.

Other times it doesn't work out so well.  

Owning land has its downside.  
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Offline Runningalucas

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Re: Politely telling neighboring property owner about use of our land
« Reply #29 on: May 16, 2018, 12:07:08 AM »
I think I've experienced Yellowhammer's neighbors, but in my neck of the woods.  Surveyor's are the intelligent route to go, but I'd make sure the neighbor is good with them, as in accepting of the given surveyor's qualifications; people can just get weird.

Offline WV Sawmiller

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Re: Politely telling neighboring property owner about use of our land
« Reply #30 on: May 16, 2018, 08:37:27 AM »
 Once I made a deal with a cop that he could hunt my land if he would stop the trespassers and fence cutters.
    Reminds me of the tale my dad used to tell. Said there were a lot of burglaries in the community and nobody could catch the thief. Finally a young man went to the sheriff and told him if he'd hire him as a deputy he'd put a stop to the theft. Sheriff hired him and thefts stopped. Years later sheriff asked him how he stopped the thefts. Deputy told him "I stopped stealing."
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Offline luvmexfood

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Re: Politely telling neighboring property owner about use of our land
« Reply #31 on: May 19, 2018, 07:10:39 PM »
I might go the route of a personal conversation. Heck he might turn out to be a nice guy and keep and eye on things when your not around. Then follow it up with a letter or memo stressing the points you covered. Could even get his email address and send it with a receipt required. In any event if you send anything written without a return receipt he could claim he never received. 
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Online caveman

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Re: Politely telling neighboring property owner about use of our land
« Reply #32 on: May 19, 2018, 07:26:03 PM »
My dad and I own a few acres of land about a half hour away from where we live so we are unable to go there often.  There is section 8 housing, at the junction of Crack and Murder, separated by our property and a Dollar General.  The fences were routinely cut and a trail of trash was present across the property along the footpath.  When the fences were last built, we had styles installed on the path.  Knowing that we could not prevent the trespassers, we just made it easy for them to cross without cutting the fences.  The property borders a major highway and cattle often graze the land which would create quite a liability if one was to make it to the road and be struck by a car.  Not the best situation but the fence has not been cut since.

A face to face meeting with the adjoining landowner would be my first course of action.
Caveman

Offline coxy

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Re: Politely telling neighboring property owner about use of our land
« Reply #33 on: May 20, 2018, 08:56:01 PM »
I'm on the other side of the fence  a good talk does a lot just do not tell his kids if they have any to tell there parents to stay off that's what my new jack  ss neighbor did  wasn't man enough to tell me  that's all I'm going to say 

Offline Klunker

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Re: Politely telling neighboring property owner about use of our land
« Reply #34 on: May 21, 2018, 11:56:36 AM »
I guess I was Lucky, when I bought my current property one neighbor was hunting on it and another was cutting a small field for hay. Both where allowed by the old owner at no cost.
Both have stopped when I bought the land, the old owner told them that he sold the land.
Neither one asked if they could continue, they just quit.

I had a tresspasser looking for Morels in the woods, he came over from one of the neighbors who had given him permission. He did not know property lines which I straighten him out on.

IN WI you do not have to post your land to prosecute trespassers. Its the trespassers responsibility to know where they are, if they are on your land they can be prosecuted. Its the best way in my opinion.


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