How would you handle this neighbor issue?

[Robert_in_NY]

Reminds me of Kim Darby "little Mattie" in the original True Grit. and always threatening people with her lawyer J. Noble Dagget

Strother Martin-the horse dealer: "she pulls him like a gun!" :laughing:

James K0UA

The original true grit is a great movie.

 

[sandman2234]

I dont give rude people much leeway, always seems to come back to haunt me. Do what you need to after the survey and see if things get better. I can see the next thread title being "irate neighbor caught stealing grapes by the bushel".
Good luck with them
David from Jax

 

[Artisan]

IMO,

Use reverse physcology, send them a short hand written letter USPS
inviting them to dinner noting you want them to be happy, your distraught
over the past incounters and a sit down is requested, would your perfer
steak or chicken, please rsvp? (Include a phone number and a SASE)
Keep a copy of it,
If indeed they retain consel and do not rsvp have said copy of invite
ready to show the magistrate...ALSO, all communications (look up your
state laws) should be recorded until they settle down.

If you get a surveyor, if you find fencing way off, TEAR IT DOWN
as FAST AS YOU CAN w/o discussion.

Your honor, I bought THIS parcel, everything on said is MINE. It
is mine to do with as I please and I wanted it gone! At this time I am
moving for dismissial sir.

If you ask permission first you could be opening uyourself up to an
eminant domain suit, each state has different laws...
I have seen this method work MANY a time. If it is on YOUR PROPERTY
it matter not who put it there, rightfull you assumed it was yours,
because there was no paper at closing saying different.

I also suspect pre-existing flooding issues and there trying to make YOU
fix it by way of telling you DO NOT DO THAT then next time they get
flooded they tell the judge YOU MOVED DIRT.

PS, NEVER listen to anyone on this list! :confused2:

 

[zzvyb6]

Well I talked to MY lawyer (whom I retain for property line and easement issues), and she said that what he technically did could be viewed as an assault and battery (the battery is the unwanted intentional contact with grass clippings).

Do nothing until a surveyer places stakes (with his Mark) on the property line. Take a picture of them in place (because the other party(s) could be expected to pull them out in anger or dispute). They could have a surveyer, too put stakes in the ground, and you are not permitted to pull them out. Be suspicious of a quick survey done with GPS (even differential GPS using a ground station 'extra' locator). A Court can insist on a chains and theodalite survey done from the local point of beginning. Be prepared to have this all backfire, too: i.e. they may be right as far as property line location.

You are not allowed (in Michigan) to divert or create bodies of water that will cause a neighboring parcel to be flooded for a certain period of time in any season.

Be prepared for sour grapes :laughing:! This could cost you a LOT of money in the long run ($10,000 in my case, and I WON). A District Court judge is not interested in hearing any anecdotal evidence or claims of refused conversation. He just looked at the deeds, the surveys, the written findings of the County Drain Commissioner, some non-computer generated pictures and the history of title (going back to 1837 in my case). These commenst apply via Michigan law.

No lawyer wnts to go before a judeg in these cases, because they usually wind up in the Court of Appeals and those folks can use all kinds of past judgements to accept or refute the District findings (and it can make for new law via clarification). I.e. your case is never unique, so they will shoe-horn your dispute into a similar one's outcome.

Good luck. What ever you do, don't call out the Sheriff or State police, just walk away. A lot of these cases are lost because of a hot temper in front of a Deputy. (I wonder if she'll charge me for this ????)

"Good fences make for good neighbors".

 

[greasemonkeyok]

That's funny KOua, I had the mental image of an older Mattie Ross going out to confront the OP.

Great movie, also a great book with historical significance to the area where Blueriver has his place.

 

[MarkV]

Put up a fence and don't divert water on their property, end of future issues.

MarkV

 

[QRTRHRS]

Well, if nothing else works, try manure. Manure, legally applied, can make a great property barriier without a fence.

 

[IronHog]

Put up a fence and don't divert water on their property, end of future issues.

MarkV

This..........

Survey

Fence

Avoid

Visible Sidearm (I think people seeing you legally well armed on your property is one of the best things any landowner can do.....cuts down on bullies, theft, trespass, etc.)





We do a ton of land trading/dealings and never approach neighbors unless they approach us....... no contact=no conflict.

 

[Robert_in_NY]

Thanks for the replies. I have no interest in going to court over this. I'm not trying to dispute the boundry, just wanted to make sure I didn't infringe on their property. Thats the entire reason I wanted to talk to the neighbor today. There is plenty of room on the head land but if I put an open ditch there I wanted it just on my side of the boundry so that I can maintain it without any problems. I am not going to divert water onto their land, the land has a hump in the middle and the one section slopes towards the road ditch and the back section flows towards the rail road track ditch at the rear of the property. Why their property flooded is anyones guess (I would lean towards neglect) but as for my ditching and tiling I am running everything to the creeks and ditches so that the water continues flowing the natural way. I have no intentions of crossing their property or even stepping foot on it. I have no reason to. I just wanted to be a good neighbor and let them have some input into the decision just like I would do with any of my neighbors. If we both agree to something before hand there is usually a lot less hassle. Plus I don't mind helping neighbors out when I have equipment on site.

My current plan is to survey the boundry in question and from there I will decide if I am going to do an open ditch or if I will tile it. A lot will depend on where the boundry is in relation to the vineyard end posts.

As for the sheriffs or any charges those thoughts never crossed my mind. I was not hurt by the clippings (I know it could have been a different story had a stone or piece of metal hit me) and am using this rather rude act by the neighbor as a very cheap lesson to distance myself from this particular neighbor. I really don't want to put up any fence since it would serve no purpose other then to cut the wind which isn't always a good thing. Air flow in and around the vineyards is very beneficial. That is why I removed the trees along the road, putting up other trees or physical barriers doesn't really help my long term goal. I will mark the boundry with posts and keep it posted though.

Also, I am not too concerned over a couple bushels of grapes. This year is going to be a bad year (because of all the frosts we have had) and I am still expecting to have over 160 tons of grapes to take in to the processors so a couple bushels doesn't really warrant getting upset over. Plus there are vineyards on the other side of them closer to their trailer so they would really have to go out of their way to come pick mine. I would be more inclined to believe the tenants would take more grapes then anyone else.

I have been fortunate for the most part with the neighbors to our property. I was just taken back by this incident. I actually had my father and a family friend come over to try and see if we could locate a boundry marker while the guy was still mowing and he was still on that corner mowing around a barn and he would look at us and as soon as we looked at him he would look away. Even having an excavator, three guys and a truck parked right on the boundry going over maps and searching the boundry line this guy would not stop to talk to us and see what we were doing. Heck, I stop and chat with the power company guys and tree guys that maintain the high tension lines behind my house. I know what their doing but I still say hi and offer to help them if they need anything (I pulled their lowboy out after they got it stuck a couple years ago). I just can't understand the point of being rude to your neighbors for no reason. These people know we just bought this farm and are not related to the two previous owners (both had passed away). I would have looked at it as a chance for a fresh start and a potential new friend.

So I will just play nice and avoid these neighbors. Have the survey done and make sure I never cross the line. From what all you guys are saying and what my own mind keeps saying it will be the best choice as trying to talk to them most likely will only create more problems

 

[Davestc29]

In all honesty we have in a similar situation all I can say is just do your research and make sure what you do land you in trouble and if they try something as long as everything you have is straight forward your good to go, id also have the surveyor come in and make sure it accurate and put a fence faster than you can blink