I got me a trespasser!

[COWBOYSURVIVAL]

Some D@#! developer has done bought the 4 acres behind me and failed to respect my survey. He or his fluff came on my property and painted my trees orange and hung up no hunting signs. He is 8 ft. inside my survey. he even left his phone number on 4 of my trees'. I called it as soon as I saw it and he ain't concerned, no call back. There will be a sherriff here in the morning. I am thinking trespass ( I have signs up) vandalism (he painted my tree's and fences) Lord I am mad, SOB bought it dirt cheap, I have been wanting to buy it and Just didn't think there was a hurry. Any experience that'll help?

[Winter]

Best advice I can give is "win".

Keep your cool and don't knock out someone who may well deserve it, cause if you do, you will lose. Have the city/town,parish,county surveyor out to double check everything. If you have a lawyer, have him there. Discuss nothing in private with the new owner.

[COWBOYSURVIVAL]

Best advice I can give is "win".

Keep your cool and don't knock out someone who may well deserve it, cause if you do, you will lose. Have the city/town,parish,county surveyor out to double check everything. If you have a lawyer, have him there. Discuss nothing in private with the new owner.

I agree, I will retain a lawyer. I can't knock him out, he won't even return my calls and doesn't live here. The 4 acres he owns is behind me and no one is home it is old woods. I called to see if we could work it out, but now that i think about how it went down, I am going to need a lawyer.

[Sourdough]

You NEED a Battle Rifle & a Assault Rifle

[Winter]

You NEED a Battle Rifle & a Assault Rifle

Or catch him in a net made from squirrels you killed with your .22.

[COWBOYSURVIVAL]

You NEED a Battle Rifle & a Assault Rifle

Yes sir! and a ticket to Alaska! We will see how it goes but, I ain't stayin' here to be pushed around. I have invested too much.

[BENESSE]

Be nice, document everything, have a lawyer present when you can, and always remember: oral agreements are not worth the paper they are written on.

[1stimestar]

Maybe hang some animal skulls from the trees he marked hahaha. No no, sorry. I know this isn't a joking matter. Good luck and keep us posted.

[shiftyer1]

I can't help ya because I would probably let my temper get away from me. Make sure ya keep ur cool....it'll be important if u take it to court.

[intothenew]

Surveyors are human, just like the rest of us they make mistakes. Two adjoining deeds can be in conflict. I tell you that only to prepare you for what might be in store. If that is in fact the case, local law will of course dictate how to settle. That could be anything from an even split to historical research to find and rectify the mistake. In most cases, time and use do have weight.

On the other hand, he could have simply been shade tree surveying and hung the signs where he thought they went.

Is there any indication of a fresh survey on his property?

[crashdive123]

My guess would be honest mistake. He doesn't want to invest time and money into a project only to lose it or be tied up in court for a long time. Not everybody that does something wrong is out to get us.

[tipacanoe]

I have watched as surveyors moved the center line of a ship we were building 3 times in fifteen minutes, it wasn't very far, but they did get it wrong the first two times and the ship was only 105 feet wide.

[COWBOYSURVIVAL]

He hung the sign right beside my corn pile. There is a very old dilapidated fence that ends right where he put the sign. My survey marker (rebar) is 8 ft. behind the fence, my guess is he thought the fence was the mark. I did too until I found the rebar and studied my survey. Guess i figure I'd be durn sure i was right before I p234ed in someone's corn pile.

[rebel]

I had the same from two different neighbors. Both thought it was O.K. to cut my fence and trees. A personal visit didn't work. It took a formal survey.

Good luck.

[Rick]

Be very cautious. There are some states that recognize a fence 20 years old or older. I came from such a state. Even if he is on "your side" that fence may have established a new boundary. A lawyer needs to look at it.

[COWBOYSURVIVAL]

Be very cautious. There are some states that recognize a fence 20 years old or older. I came from such a state. Even if he is on "your side" that fence may have established a new boundary. A lawyer needs to look at it.

There are old fences all over my place. I don't think that'll float and I don't think he'll be really pushy nor will I. I have acres looking at it this morning it is more like 15ft. It is really splitting hairs when I have 8 acres and he has 4. I am going to try to be tactful and talk sensably to him. I'll probably move the deer stand depending on his intentions for the property, I may even buy it.

The orange paint is over the top!

http://i1020.photobucket.com/albums/af330/COWBOYSURVIVAL/DSCN3906.jpg

The rebar survey marker.

http://i1020.photobucket.com/albums/af330/COWBOYSURVIVAL/DSCN3907.jpg

My @#$%^&* cornpile. The rebar is beside the last pile.

http://i1020.photobucket.com/albums/af330/COWBOYSURVIVAL/DSCN3908.jpg

[rebel]

Be very cautious. There are some states that recognize a fence 20 years old or older. I came from such a state. Even if he is on "your side" that fence may have established a new boundary. A lawyer needs to look at it.

Squatters rights. You can't wait.

[Rick]

I don't know about that it's just if a neighbor places a fence in the wrong spot and no one quarrels then, in time, it becomes the new boundary.

[COWBOYSURVIVAL]

I don't know about that it's just if a neighbor places a fence in the wrong spot and no one quarrels then, in time, it becomes the new boundary.

i agree if it was a property fence but not a dilapidated goat fence. He just bought the property. I have been here. I may just head to fence store again and give another go at the shovel and provide a nice new fence today.

[Rick]

I'm not saying it is. I was just responding to rebel's suggestion that it applied to squatters. I can't tell you either what kind of fence it applies to. That would be dependent upon the language of the law if your state has such a law. I doubt that it would matter if it were a chicken wire, goat fence, or 10 foot high, razor wire topped fence, though. But you never know.

[COWBOYSURVIVAL]

I'm not saying it is. I was just responding to rebel's suggestion that it applied to squatters. I can't tell you either what kind of fence it applies to. That would be dependent upon the language of the law if your state has such a law. I doubt that it would matter if it were a chicken wire, goat fence, or 10 foot high, razor wire topped fence, though. But you never know.

Yeah but if anything I am the squatter I have been using the land and I have been here. Here is the plan. No return call yet, probably a business phone. I have located my boundaries and my survey is dated 1999. I will head to town and buy 500ft. of orange cord and stake off the property line. I will make copies of my survey and his, it is online and hang it on the markers.

[randyt]

here in michigan there is a law called "quiet title" basically the same as squatters rights. But it takes time, I believe 7 years of use if memory serves. I was involved in this first hand. I had bought 40 acres and there was a road going in to the property. there also was a deeded access. The road belonged to another property. The guy I sold the property to filed a quiet title and the road became part of the original 40 acres. But the reason why was that for a hundred years that road was used to access the property instead of the deeded access. Don't linger on your situation.

[Rick]

Why even bother? From the pics it looks like they just went to the edge of tree line and posted. Rather than spend the money and time why not just wait until Monday and see what they say? You're just going to end up with a bunch of orange rope and time wasted.

[COWBOYSURVIVAL]

Well he called before I left for town. He is 54 from Ohio, not a developer. A lifetime NRA member. He plans to put a small appliance repair shop on the property side furthest from mine. He has agreed to walk the property line with me and come to an agreement. He doesn't want me to move the stand or quit hunting. He has also agreed to take the signs down. Said it was his way of initiating the phone call. While I don't agree with him painting every thing orange it'll work out fine. I was mostly just feeding the deer haven't hunted it all season anyhow. Could be worse, atleast he respects my right to shoot safely on my property. He also agreed our trees need to stay put! Seemed like he had good intentions and a nice neighbor.

[BENESSE]

All's well, that ends well.
Who knows, it might be useful to have an appliance repair shop so close.

[COWBOYSURVIVAL]

All's well, that ends well.
Who knows, it might be useful to have an appliance repair shop so close.

Yeah and maybe I can help him out by letting him know some of the "good ole' boys" down here would of not been so understanding.

[BENESSE]

He's bound to catch on, if he doesn't know it already but was just "acting ignorant." (my grandpaw's words)
btw...what did those 4 acres go for?...just curious. Is he retiring there from Ohio?
If it were me, first thing I would have done after I bought the land is go introduce myself to the neighbors.

[COWBOYSURVIVAL]

He's bound to catch on, if he doesn't know it already but was just "acting ignorant." (my grandpaw's words)
btw...what did those 4 acres go for?...just curious. Is he retiring there from Ohio?
If it were me, first thing I would have done after I bought the land is go introduce myself to the neighbors.

An acre in the country that will "perk" will go for 15k here. I suspect he stole it as it was in arrears for back taxes. I knew it but was busy buying out my X for this place in divorce court. I had to come up with 12k to do that. I just got that behind me and would have been looking to buy it now as we speak.

[Rick]

Look at it this way, the trees are safe and within the law come deer season.

[rebel]

See if he'll split the cost of a survey. If not, get a lawyer and let him pay for then whole thing.

[Beans]

FWIW My grandmothers house that she brought after moving from the farm into the city.

Another person purchased the house next to hers and had the lots surveyed.
Depending on which end of the block you surveyed from My grandmother either owned 1/2 of the house on one side or the other side of her. Everyone got together had a cup of coffee and agreed to let the fences stay where they were.

[Wise Old Owl]

I have few answers to the original thread - but the general down turns in the market with depressed prices in property and low interest rates is making folk withdraw stocks and with A+ credit snap up properties that would make your head swim.


Sorry if I am stating stuff that you already know.

[Sparky93]

I'm not going to start ranting about trespasser stories, but if there is one thing I can't stand it is somebody that invades your property without politely asking first!

[oldtrap59]

Glad to see that you and your neighbor got settled up. Your right. I don't see that he did things the right way. It takes all kinds I guess.

Oldtrap

[wholsomback]

Yah here in Texas you use purple paint and I had the same problem with a neighbor and when it was all over my land gained 20 acres.Pays sometimes to get a formal survey and a lawyer.Just my 2 cents.

[freddie59100]

when he put up those signs,u need to put a fence up and post it saying trespassers will be shot on site and questions asked later.that way u-ll get a really good responce from him.but see wat the sheriff says first

[RandyRhoads]

Edit: sounds like you worked it out. I'd still be furious he did that, not a good way to introduce yourself to a place where you're new.