Owners rights

[John Mc]

I don't know NY law, but I know if someone were nice enough to drop a load of their logs on my property, I'd be heating my house with them.  If they were cutting trees along the town's ROW for the road on my side of the road (we own to the center of the road), I'd be charging them with timber trespass. If someone had approached me and asked if they could take some trees down because it was hindering their access to their own property, my answer would be "if you are properly insured, go for it", if you are not, I'll do it for you.

We maintain the last 400' of a dead end road, even though the town owns the ROW. We were told by the town that the only ones who can decide to take down trees along it are either us or the town. The town may decide to do it, even over our objections if someone else with the right to use it has their access hindered because it's getting overgrown. But in no case can another landowner just take it upon themselves to start cutting trees on our land, even if they are within the town's ROW. (I investigated this because a neighbor along another edge of our property was claiming he was going to come down with his dozer and open up the dead-end road along an overgrown town ROW to reconnect it with another dead-end road coming from the other direction. He claimed it was his right since ti was a town ROW, and because he used to drive down it 25 years ago before the town stopped maintaining it. We did not want it opened up. Long story short: he lost that argument.)

[CJPanko]

Well its time for an update.......Still has not got the logs off our property.  Fed up, trying to sell, I want that corner cleared.  He left with a full load, came back for a small load, so we thought he was done.  Again, a mess is there.  We worked the day to rake it up, and put a FREE WOOD sign on the remaining, maybe 10 nice sized logs.  He left logs the last time, 3 years ago or so, so this is not new.  Guy came to get the free wood, and this logger told him ........ GET THIS..........he would have him arrested for stealing "his" wood.  He ripped the free sign up, and threw it on the roadside.  Called me and wanted to know who I thought I was giving away his wood.  I can have that guy arrested!  I chuckled and said, get that wood off the property,  You have had plenty of time to do it.  Stop bulldozing up our side of the road (along side the town road, active road, campers live down off of it), stop digging at the hills side on the side of that road.  I have had it, get the logs off.  He said, when he felt like it.  For the past 2 days, he has stood somewhere on the opposite side of the road, late night and morning, singing into a mega phone.  Appointment with the lawyer Friday morning, already been told to call the police by the town supervisor, but I need to find someone who doesn't know this guy or mind coming to get the wood (with the police escort).  Im done.  I got trespassing, damaging our property and harassment.  All I wanted was the wood off the property.  geez, how do I get myself into these things.   who is interested in buying 141 acres of Norway NY property. 

[starmac]

Chainsaw makes more noise than a megaphone, sounds like the time is way past for it. If nothing else it would make a nice bonfire.

[Corley5]

If nothing else it would make a nice bonfire.

X2

[coxy]

did you ever contact  the DEC on this matter   hope you get things settled    guys like this give every one else a bad name   

[CJPanko]

I did contact the Herkimer County DEC and was told exactly what you all said.  But that it would be the state police to call.  I guess I am trying to do this without calling the police and giving the guy an arrest record.  He will not answer my phone calls anymore, and his comment "I look forward to the lawyer's letter" after he threw my free wood sign on the roadside, tells me a letter will end up in the same place.  He is a father of 2 young boys and I hate to have them boys grow up without knowing the law.  So I am now getting ready for the Lawyer Friday morning to make sure I can call the state police and have a car there when I find a logger who is willing to take this wood knowing it is from this logger.  I cant burn it as the DEC would cite me, no burn order in effect.  Getting too old to saw things up myself.  Ready to go take pics, afraid there is going to be a pile of crap in the mix.   Thanks everyone.  I cannot believe the ignorance of some, the total disrespect for property and elders, and being in this occupation not even knowing the law.  Crazy.  Wife's a little scared of the singing our names at 7 a.m., so better happen soon.  Wife not happy, no one is happy. 

[starmac]

Your worried about him getting a criminal record. I don't understand what paying a lawyer will do, except maybe advise you to call the police after he sends a letter or three and then an invoice to you.

[beenthere]

I don't think calling the police will by in and of itself give the guy an arrest record. Likely he will get a visit by the police, and if he doesn't get the logs out by a certain time.. then an arrest might be imminent. That is his doings, not yours.

As well as the logs, the police need to know about the noise maker, IMO.

Take the word of your town supervisor and the County DEC.. who you said "call the police".

[Claybraker]

For the past 2 days, he has stood somewhere on the opposite side of the road, late night and morning, singing into a mega phone. 

I'm not a mental health professional, but it sounds like this guy needs to be evaluated by one. The police can help make that happen.

[John Mc]

As others have noted, I would certainly call the police to file a complaint. You want something officially on record with them, so if he does something crazy or idiotic, they already know this is an ongoing problem with him. I would include in your complaint a listing of all the conversations you've had with him -- including dates (approximate, if you don't have the exact dates), and whatever other agencies you have spoken to to try to get this resolved. The police need to know the history. He should not end up with an arrest warrant, but he may end up with a citation and/or fine (particularly if he doesn't clean up the mess he left after the police direct him to).

If word gets out that you have sold or given the logs to another logger, your neighbor may come and grab them first, or he may come in and do enough damage that they are no longer worth anything as saw logs (not as much of an issue if they are just firewood logs, I guess).

[John Mc]

You probably need to ask the police to issue a "cease & desist order" and/or possibly a restraining order. The singing through the megaphone is something obviously done just to annoy and harass you, tearing up your land while he's bulldozing the road wider, and tresspassing (storing logs on your land), possibly timber theft or destruction of property (cutting the trees along your property).

[NH-Murph]

Sounds like this clown needs one of those "hug yourself forever" jackets that you get to wear in the nice, padded room.  You're a far more patient man than I... I'm pretty sure that guy would be on the toilet, trying to pass a megaphone right now if he were my neighbor. 

[Dom]

Call the cops. Lawyers are better equipped if there's legal documentation and a audit trail.

The cops in this issue will be more helpful than a lawyer in my opinion.
Its not your problem if the person gets arrested. The sons will hopefully learn not to act like their father.

[Straightgrain]

All part of land ownership my friend; try to stay focused on how-better prepared you will be when the next issue arises.

Call a lawyer; most people tend to "sing a different tune" at the deposition where the court-recorder is documenting everything being said....upward pointed fingers turn into a limp-wristed wave. :D

Use registered mail; send carbon copies to everyone involved.

Protect yourself with hardware and with a go-pro or dash camera.

[pappy19]

Take lots of pictures, document every contact you have had with the jerk, and pick a good land rights attorney. If there is an oil & gas attorney around you, that would be a good place to start. Most attorney's are not up on land rights and deal with domestic issues.