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April 7, 2015, 02:27 PM | #26 |
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Join Date: November 2, 2005
Posts: 1,196
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Neighbor "A" should have reported that neighborhood children were possibly at risk of serious injury or death. After all...if it saves just one child's life...
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April 8, 2015, 02:32 AM | #27 |
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Join Date: March 11, 2006
Location: Upper US
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I am currently in a situation where this kind of thing is a nagging worry.
Family farm, Mom, Dad, two brothers and a sister. Each child to get part when parents pass away. Dad passes away. Few years later, oldest brother passes (and too early, by far), Mom then legally splits off section for the sister, and deeds it to her. Couple years later, Mom passes away. Remaining brother is a jerk. Lets his buddy's cows run on sister's land, and flood irrigates it when not, among other things. Sister objects, brother says "you don't like it, build a fence!" So we are building a fence. Or rather, more precisely, having a fence built. After getting the property surveyed and the survey recorded with the county (over $1000 spent just on that). OFFICIAL property line now shows half the width of brother's driveway is on sister's land, and the fence is going down that property line. (yes, the sister is my wife) We anticipated he would be ..unhappy, and told the contractor. Our contractor had the sheriff's deputies explain things to the brother. So far, he hasn't tried anything but I have the nagging worry he might lie to the police to get a restraining order...not a huge worry, as we are now on record with the sheriff's office as to what we are doing, (and not doing) etc. IF I don't get a court order in a week the fence will be in. We'll see how it goes. Its real tough to prove a negative, but getting on record before anything happens, that you aren't doing anything wrong, and you expect the other guy to lie and say you are, I figure can't hurt...
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April 8, 2015, 03:38 AM | #28 | |
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Join Date: December 2, 2013
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Quote:
Edit: I guess he could say something like where you are putting the fence isn't your property but that "victory" would be extremely short lived when the area has already been surveyed. Last edited by ATN082268; April 8, 2015 at 05:22 AM. |
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April 8, 2015, 10:00 AM | #29 |
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Join Date: March 7, 2014
Location: Middle TN
Posts: 543
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This thread is making me rethink my situation with the neighbor that does not like shooting and atleast move my shooting range to another part of my property so she cant say Im to close to her line . I have a very solid back stop and it does'nt even point towards her land but thats not good enough for her .
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April 8, 2015, 11:44 AM | #30 |
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Join Date: November 23, 2009
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44amp, if that driveway has been in place long enough, usually seven, ten, or twenty years, a claim could be made for adverse possession of the land under it. Hopefully that's not the case.
Your surveyor should have shown the drive on his plat and investigated it's age. Aerial photos are good for that, and landowners statements. As a surveyor myself, I can tell you that fencelines and people's perception of their boundaries are definitely something folks can come to blows over. Our land is our identity and our castle, it seems, and guns do appear sometimes. Last edited by kilimanjaro; April 8, 2015 at 11:51 AM. |
April 8, 2015, 11:53 AM | #31 | |
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Join Date: March 11, 2006
Location: Upper US
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Quote:
That would be a major hassle for me. Won't stop the fence, just make me suffer until the legal system grinds through it course. Personally, its only a small worry, as I think even he is smart enough to realize that a lie like that would only backfire on him in the end. At least I hope that he's that smart. The driveway in question has been there for 50+ years, its just a gravel road. And according to my contractor, half a load of gravel and 20 minutes with a blade scraper (to fill a ditch and cut the bank back) would restore full width (all on his side of the property line). Contractor says he's be happy to do it, IF the brother pays him to. The cops have seen the survey peg (legal marker), which is in the middle of that part of the driveway. They know it is a criminal offense to move it, and I believe made sure brother knows that now, too. And, he's not being cut off totally, he is simply being inconvenienced. Emergency services can still access the property. He got in the contractor' face about that, can't cut him off, driveway been there 100 years, etc (another lie), and he was going down to the courthouse to get this stopped. And he did go down there. Since he came back, he hasn't said a word.... I really hope it stays that way, but he is a vindictive, stubborn individual, and those are his good points...
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All else being equal (and it almost never is) bigger bullets tend to work better. |
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April 8, 2015, 03:33 PM | #32 |
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Join Date: November 23, 2009
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He's got a statutory period of time to make a claim, if not, he's acquiesced to the deed line. Hopefully he'll realize a $15,000 legal case vs. a day of blade time is not smart.
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April 9, 2015, 08:57 AM | #33 |
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Join Date: January 7, 2011
Location: Colorado
Posts: 596
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This thread is making me rethink my situation with the neighbor that does not like shooting and atleast move my shooting range to another part of my property so she cant say Im to close to her line.
Have you tried discussing it with her? Maybe tell her you'll call before you shoot. Sometimes neighborly outreach is well received. If not, at least you tried. Yesterday one of my neighbors asked me nicely to reign in my dogs more when his grandkids are visiting. (they stand by the fence and bark). I said "sure thing" call or text and I'll bring them in right away. He was cool about it, I was cool about it. |
April 9, 2015, 10:25 AM | #34 | |
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Join Date: January 1, 2015
Posts: 312
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Quote:
Wow! Really refreshing to see somebody who puts experiences and observations into useful advice. Pick your battles wisely. And be prepared for worst case outcomes. |
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April 10, 2015, 12:15 AM | #35 |
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Join Date: December 2, 2007
Posts: 1,100
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I can tell you from experience that the truth doesn't always work in the court system, and the law sometimes doesn't mean much, even to those entrusted to uphold it. If the man goes before the wrong judge, he could end up losing his guns and possibly more.
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