Story of Confiscation on neighbor's word.

[dajowi]

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...

[44 AMP]

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...

[ATN082268]

Originally Posted by 44 AMP

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.

What kind of lie could be told to the police that would affect actions confined to your own property?

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.

[psalm7]

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 .

[kilimanjaro]

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.

[44 AMP]

What kind of lie could be told to the police that would affect actions confined to your own property?

I don't know that there is one. The kind of lie I am worried about is a lie saying I (or the wife) threatened him, and he is in fear for his life, because I have a number of guns. Getting a (temporary) order from a sympathetic judge, and having the cops come and take all my guns and ammo (and they better bring a truck). Along with the restriction from buying/having any more for a year.

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...

[kilimanjaro]

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.

[Hiker 1]

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.

[McCarthy]

People always find a way to get even.

You usually have to ignor neighbors

You never know what is in people's minds or what they are capable of.

It's easy to get guns confiscated.. Easier than getting your neighbor to quit parking his dump truck on the street....

You may not like the neighbors broken down kiddie pool and beer cans in his yard... You just have to look the other way.

Annoying neighbor disputes turn ugly.

The person willing to lie will most likely win

Some people forget that humans are animals, we've voluntarily adopted a society to maintain order. Not everyone thinks the same. Some are gonna do as they wish and the more it annoys you, the more fuel you add. Push someone they push back.

When dealing with others, don't start a battle that you can't afford to loose, or if you have something that you don't want to loose.
In reality you're dealing with a biological being, the outcome cannot be predicted, no matter how right you are.

If you wanna start a legal battle over a dump truck, be prepared to loose something you don't want to. Some people will do anything to "win"

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.

[ronl]

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.