As per the norm sheriff call and how things work

Neighbor who has caused problems since he got his place did it again. He fixed the fence but cut off a few trees on my side of the fence that did not cause any problems. Call the sheriff for the damage and yep you guessed it the deputy sided with him. Guess it is true the guy with the most $$ wins even when he is the one that is wrong. Ya a rant but hey it is true

Document everything. Take pictures. Get all your facts in order. Then sue him for the value of the trees. We will be watching for you on a future episode of Judge Judy!

Already in a law suit with him and the driveway and so far cost is over 8 grand and nothing done. As i said if you got $$ you can get away with most any thing now days

I remember the driveway thing. I can only say that I feel for you, looks like you have a jewel of a neighbor there.

One lawyer in a town will starve. Two will get rich and make everyone have enemies.

Ya from the day he got his place he told me I could not drive in to my place with my dump truck which is what I did for a living at the time. O told him then I have been doing so for year so leave me alone. He told me I have restriction on my deed you have to go by them and I said NO you signed on for them I did not and my place has no such restrictions but yet he keeps trying to shove them down on me

You're not alone, further north where the horse farm is, there is a neighbor trying to lay claim to our driveway, its a frivolous claim but people can be such arrogant pompous jerks and waste others time and money, this time, its on them to prove their case, lot of details in our favor, and we know the truth, whats right, yet they still have to try, thats what gets me. We will not spend a dime on proving what we know and have documented what is ours.

I've been through it here, got the cuffs put on me for re-establishing my line and chasing the jerks off, that's when the mean streak comes out, like you said, thousands later I win, soon as I dealt with the judge I was released on my own recognizance, the surveyor arrived, fence went up as the surveyor was there, that was that, immediate closure, end of story. You should have seen the look on their faces, never expected that fence so quick. FYI, judge is a farmer and sided with me legally within his power, meaning he reduced the 2 charges, eliminated 1 fine. My atty made sure I was represented in high detail, I made sure to get this judge to do the arraignment, the other judge needed to recuse himself, a real jerk enthralled with a gavel. I had a bout with him many years ago about the towns illegal proceedings and won in court, so while in cuffs I made that happen, well I knew I had to, or he'd have put me in solitary for jaywalking if he could if you get my drift, how does the saying go, I may be dumb, but I ain't stupid LOL !! Farmer judge had to fill his obligation but is a true professional on dealing with people, I'll vote for him every time. Was it worth it, yes, but I had to take a ding on my record, just try and take my land, 80 feet of it, just try that again, people know me well around here, I don't back down, one of them got in my face threatened me with physical harm, he raised a hand, I don't take kindly to that and the reaction was not what he expected, some people underestimate you and make serious mistakes, yet they turned it on me still, and you know that s.o.b. was arrested and charged with felony assault 3 weeks later, in a local gin mill, know the owner and the city cops who took him in, so who's the jerk now, he got humbled but figured he'd lash out somewhere else I suppose, then really got humbled by those boys and yes some of them still subscribe to a good ole thrashing out of sight. I have no use for the sheriff deputy who took their side, when its your word against several, it never works, cops seem to always take their side, "just doin my job sir", so it cost me a fair amount though, more so for the fence and survey, I'll stand my ground till I'm in it !

Ironically, the homeowner I had the beef with lost the house, their tenants are fighting to get it from the county, seems they can't pay the taxes, but had all these wonderful new things like vehicles, snowmobiles, cafe racing bikes, dirt bikes, the family in there now, former tenants now, all work tough jobs to make ends meet, more my kind of people, sometimes things happen for a reason, I'm also thankful those jerks are somewhere in Florida reeling in the loss of a profitable sale on that house, lost all their equity, and profit, karma or what have you, I don't bother anyone around here ever, see what happens when you poke at the bees nest.

I hope you get it sorted out Rich, I'm sure that money could have been used for something much more important. I still cannot believe the hassle of owning a piece of land, always someone testing the boundaries that has no legitimate right to do so.

I had someone sue me for something similar 6 years ago. He even knew he was in the wrong but he got a "surveyor" to back up his claim. My attorney proved the "surveyor" was not even licensed as well as all his claims were worthless. Judge dismissed his suit. As he was about to leave the court room, my attorney handed the judge papers counter-suing him for triple amount for his frivolous suit. I won that case and he has backed way off me after that.

Sometimes you have to hit them where it hurts the most, and in the most legal way. Don't get yourself in trouble or you will be on the judge's bad list and that makes it hard to get a fair decision on anything.

As a Country Lawyer, I'm constantly hearing questions or old wives tales and unprofessional "opinions" etc about boundary lines and the legal significance of a "survey" to which I advise my clients, a surveyor is legally qualified and competent to render an "expert opinion" but the law and Courts are the only ones that can judicially determine boundaries subject to dispute. If there is a dispute and one party hires a surveyor, that in itself does NOT necessarily resolve the issue, although many think it does. NOTE however, some states have "legal survey" statutes whereby there is a procedure in which a survey can indeed legally become a boundary in certain circumstances.

I have heard Olds story before and hes right THE SHERIFFS OFFICE just doesnt provide much help when it comes to boundary disputes. Those require litigation whereby as noted above a Court creates a legally binding judicial property line AND BY GOLLY THAT BECOMES THE LEGAL BOUNDARY

Take care Rich, hang in there

John T

So when the court creates this "legally binding judiciary property line" does it just magically appear on the ground like the 1st down line in an NFL game?

Someone has to physically establish the line, i.e. a SURVEYOR. If a surveyor's work is not legally binding, then how can a "legally binding judiciary property line" be legally binding?

Isn't what John means is that the surveyor is more or less the reference standard or professional that provides a service, a survey that the judge will use in his decision, when and if a claim is presented.

One surveyor may differ from another, errors are common, miscalculations, it seems precise, and can be, but given much of the existing information can be quite old, the surveyor provides a service in this case to establish or re-establish a line. That surveyor may uncover a conflict or a mistake, discover something not considered and or similar, judge takes that in consideration when making a decision, someone has to present the documentation for the claimant, someone has to do the leg work, research, field work, surveyor is not a judge and vice versa.

In my situation below, the people who seemingly were in possession of my land could have potentially presented an adverse possession claim given NY laws on it, then I would have to defend against it and to the contrary, I have maps, of both parcels adjacent, clear and concise documentation, photos showing the old fence before they took it down while I worked out of town, all of which you would think would be indisputable, then add a new survey to back an old one up, + witness's as in previous owner of that house who could corroborate the lot lines so on and so on, had as much factual information as one could have, yet had I ignored the situation long enough, there is reason to believe the judge could still rule against me, this is how I understand this, having dealt with it 3 times now. Sad situation if someone could steal land like that but it does happen when landowners don't take action and cancel out the criteria of an adverse possession claim by a person in meeting legal possession of a piece of land, often times its a narrow swath and someone puts a fence up, no one notices, time elapses, then the battle begins, you think the survey is a cure all, in reality it may not. In my case it would have been a huge loss, 80' I measured, thats more than half the lot, and I did what I had to do, to insure that claim never even made it to the table, cost me though and I don't recommend the same tactic, I had no choice and it got real ugly immediately.

Well when its all said and done the person with the most $$$ and tells the biggest lie is usually the winner in most court cases.

Surveryors can be incorrect for sure on one of our farms the surveyor had the line moved up on our property about 100ft as he was measuring from the middle of the county road on the other side of the property only problem was 'the middle of the road' was a road that used to be used up until about 1910 when the present road was built in boundary disputes knowing the history of a place is very important.

Good "point", a survey is no better then and dependant upon THE POINT OF BEGINNING i.e. the reference starting point. With todays modern equipment, if the same starting point is used two surveyors should come up with the near exact same property lines......

John T

Until such time a court of comeptent jurisdiction declares a boundary, its ONLY an expert opinion prior to then ..

John T Attorney at Law

Good post, Until such time a court of jurisdiction declares a boundary, its ONLY the expert opinion of a surveyor, but that same "opinion" can ripen into a legal boundary once its ruled by the Court

John T

Evidently your neighbor belives in the Golden Rule.... "Those with the most Gold Rule".

The big thing is, is that this fence has been the line since way back in 1976 when my dad brought this place so crossing the fence is trespass no matter what and cutting trees on my side if destruction of private property no matter what but yet he gets away with it and I'm the one who get called being the bad one. Cop on the take big time

Did he cut the trees down, or do some over zealous pruning? I understand it's trespass if he cut more than over the line, and definately wrong if he cut it down on your side, but to me it seems there is just a little information missing. If he did some pruning and crossed the property line, that's one thing and just aggrivates the current situation between you.

If he cut the trees down, then he was 100% in the wrong and either way, he should know better.

Not saying he's right or wrong, but sounds like a bad situation to be in for all.

Donovan from Wisconsin

In selling my mother's house, we had a survey done. Thanks to my Army surveyor course while in Special Forces, I was familiar with survey terms and requirements. At time of closing, I read the survey. Starts out....from benchmark go 300 feet, then....I said there is no azimuth from the benchmark in the survey report. 300 feet from the benchmark is a circle! So more delay while the legal description was re-written. No discount for shoddy work, either. Similar thing when we bought our third farm- had I signed what the lawyer had written, we would have bought the 3 acre farmstead, not the 137 acres of farmland.

He FLAT out cut them down and they in no way came close to hitting the fence or other such problems. One was a small tree that had been topped for hunting reasons and was branching out below the topped part and he cut it off about 6 inches above the ground and the other all be it small was about 6-10 foot tall and he cut it off about 18 inches high. Yep he had to trespass to do so and they did not interfere with the fence in any way

Is this(trunks) on your "property"or on the driveway easment?.If it is on the easment then it is his property to do so with.This easment thing can get nasty,a local case of over 5 years(in court 2)the road side owner took the over 100 yr.driveway out completly stranding the back 200A farm,cars and people for over a month.Matter still isn't resolved.The back owner is a Multi-Multi.Millonare,so your thing of money isn't always true.

This is on a fence line which is also the property line fence and he cut the trees off my land so he had to trespass to do so and that in turn makes it that he cut tress owned by me so he should have to pay for destruction of private property

OK,but I think most people(farmers)would almost pay a neighbor to cut trees out of a line fence.Anyone I know wouldn't object, but that is your business.

But these trees are at least 6 inches if not more like a foot or so from the fence so he had NO right to cut them. As for the fence to me it is just a property line nothing more since I do not run live stock. Of course the big deal is when he got this land he has the first thing he did was tell me I could not do what I had been doing for 2o plus years

Just boils down to someone having no RESPECT for your property. The guy who lives almost on the farm that I work, he has .90 acres on our road frontage, nice guy but just does what he wants, rides his atv on the hay fields, dumps dead anmials to attract coyotes to shoot ect. Well about 6 years ago I filled my manure spreader after cleaning the cows pen out, drove 3 miles from my place to the farm with my 4wd tractor, it was winter and we had a bit of snow. Well don't you know, going down a hill into a back field were I wanted to spread the manure the guy had his atv stuck coming up the hill in a snow drift. So I stop the tractor, look at atv, and key is gone, so I put loader on atv and push it out of my way. Only damage was a crack in the plastic fender. I dident ram it or anything. Well next morn I'm putting horses out and guy rides up, I'm thinking he's ------,, he says hey thanks buddy, I dident know how I was gonna get that out! I thougt well u shouldn't be trespassing in the first place, lol,, just glad he dident come after me for the damage.

I don't know if it is a written law or not, but there should be a 1 rod clearing for maintaining the fence. In other words 8 feet on each side of a line fence should be kept clear.

Not in Missouri. Law states in Missouri if and only if the tree limb goes over the fence can it be cut and then it has to be cut such that it is right over the fence/property line no more

old--
ain't been on computer awhile.
please see my post 'sandy storm'.
i'm basically sayin the same thing.
But we all know in the end,
the ultimate accounting,
wouldn't want to be in their shoes.
i'd just asoon keep my side of the street as clean as i can.
you know that already.
cya.
hope it works for ya.
if i get hit with a terminal illness, i'll let ya know, ha ha.
maybe i could help then--ok, that was bad.
Was that out loud???

(quoted from post at 14:33:17 10/31/12) But these trees are at least 6 inches if not more like a foot or so from the fence

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You aren't serious are you???????? Who does the fence belong to? And how far is the trees from the line on his side? Sounds to me like he was just doing you a favor and all you have to do is cut up the firewood....

I was stopped for several seconds at a (red) traffic light once. Guy hit me from behind hard enough to knock me halfway thru the intersection.
I don't have a lot of people skills sometimes, and people mistakenly call me a jerk. But at the moment, I was right.... He was drinking, speeding, and obviously ran a red light... Cops showed up and he started right away tellin them what an idiot I was for blocking the intersection AND I wasn't wearing a seatbelt. I'm sure he got ------ and got on the internet and badmouthed the cop for siding with me also........

Dave are you actually siding with the lawbreaking trespasser or just trying to stir the pot?

(quoted from post at 04:06:55 11/01/12) Dave are you actually siding with the lawbreaking trespasser or just trying to stir the pot?

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Niether.... Just be nice to hear/see both sides of the story... My neighbor is only a few feet away. His barn and my stalls share the same wall and roof ridgecap shingles. He had a vine growing on his side that sprawled out all over my roof and was making it leak (growing up under the clay tiles).... Asked him nice to cut it or pull it on his side once, again a week later, and told him a week after that. A week later he was getting ready to have a party at his place. I saw him in his car and he put up his window and drove off when I tried to talk to him. I cut it myself and put everythingon his side. When his party folks showed up, they had to help him clean everything off his tables and benches first.... Police came, looked at the place and asked if I wanted to press charges so I could get paid for my work and told him he should try to be a better neighbor....
He's getting ready to fix a big hazelnut tree in the back yard that he let get out of hand and is hanging mostly over and shedding on our place. I asked him about trimming for the last 3 months..... If it's not done over the weekend, I'll do it and send him a bill on Monday.....

6 inchs-6INCHS and you are complaining.If it is his fence to maintain,then he has the right to protect his fence to keep a tree 6INCHS away from growing into it.Dave 2 is right.

As such it is not his fence since it has been here longer then he has owned the land and I did maintain it up till I moved my animals out od that area so again he has no right to cut my trees

Well since I/we have owned the land far longer then he has as in we got it in 1976 and he got his in 2002. As for the tree they where not in any way shape or form doing any harm to the fence and that is the whole point he had NO Reason what so ever to cut them other then he did not like them hitting him in the back side when he was on my side of the fence which again he has NO RIGHT TO BE since to be on my side is to trespass and he has not right to trespass

By the way Dave since 2002 when this but head got this land he has told me I can not do this and that which I have done here since 1980. He had not so much as checked out this fence line since he got the place since I have a deer stand in the area and can see the fence and is has been down in that area since way before he got the land so again what he did is flat out wrong but yet the cops side with him but then he is the one with the $$

You didn't answer my question,if the fence has to be replaced.Who has to replace that section,you or him??Maybe I had better call the law then,my neighbor just cut ALL the trees for over a mile on mine and his side of the fence and the fence was there 40-50yrs before him.But there wasn't a tree stand maybe???Buy him out and then you won't have a problem or sell.

Dave, you apparently have forgotten that in the US private property is private property. I don't care how they do things in socialist Germany, IMO what you did was wrong, just as wrong as him not taking care of it. 2 wrongs don't make a right, remember? Unless there is a state law saying someone can come on my property even 1" to maintain a fence line or something like that, then this guy was wrong. It's Trespass, pure and simple. The right way to do it is to go to the adjacent landowner and come to a mutual agreement on how things should be handled. If the other guy is a jerk, then obey the law and get a lawyer because that's the only way to keep from losing your property rights.

(quoted from post at 10:14:23 11/01/12) I don't care how they do things in socialist Germany, .

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are you really that ignorant, or are you tryin to stir the pot??? Private property or not, noone has a right to be a bad neighbor and make other folks' stuff look bad or cause damage........ runnin to the lay every time you get a runny nose is the reason the country is in the shape it's in and everyone is afraid of neighbors..... You just keep on keepin on and I'll do the same.

Yep and what is sad it that the deputy did nothing about it and told me I should get alone with a guy that from the get go said I could not do as I have been doing for 30 plus years. I am waiting till after Nov 6th and will report this all the the attorney general for this start and have him look into a cop taking a pay off etc

(quoted from post at 10:23:53 11/01/12)

(quoted from post at 10:14:23 11/01/12) I don't care how they do things in socialist Germany, .

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are you really that ignorant, or are you tryin to stir the pot??? Private property or not, noone has a right to be a bad neighbor and make other folks' stuff look bad or cause damage........ runnin to the lay every time you get a runny nose is the reason the country is in the shape it's in and everyone is afraid of neighbors..... You just keep on keepin on and I'll do the same.

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No Dave, I'm not ignorant at all, but you sure seem to be working towards it. I spent 23 years answering complaints just like the one involved here. In my State, you'd have been arrested, no doubt about it. And I darn sure wouldn't have taken the course this other officer did. Trespass is pretty simple. In your particular case you took a civil complaint and turned it into a criminal complaint. Bright.

I just don't get it.
Guy could have come over for a cup of coffee,
discuss it, figure out the best option,
and go from there.
Instead he just jumps in and knocks it out.
Possibly he felt he was helping you.
Possibly he's a total d**k.
If he's got the capacity to speak, maybe not,
take some store-bought cookies over and ask him about it all.
just a thought.
Smith and or Wesson may be the only solution, lol.
lets hope not.
keep us posted.
hell, as far as i know, treelines been the borders on property since way back.
used as fence, but cheap[er, and kept the livestock in.
now folksl don't even know why tree lines are there.
Best of Luck, old.
Lets hope it goes simple--
but yes, bein cynical about them folks with money
doesn't make you wrong--just wise to the game.
Peace, Danny

This guy has been the north end of a south heading mule since day one when hr got this farm he has back in 2002. First thing he did was tell me I could not do what I had been doing since 1980 but he also signed in on restrictions and then said I had to have the same restrictions on my place and I told him NO WAY can you impose your restrictions on me when we did not buy with any restrictions so live with it and some how he has been a butt head since he got his place

old--
my next doc appt is monday.
folks like that ain't right.
just arrogant.
Can't believe yer place wasn't somehow
'Grandfathered' in,
Most places, despite new laws (or pr*ck neighbors)
you can use the grandfather clause,
and your property n way of life don't have to be updated,
until you pass. Don't know laws in your area.
Hell, don't know law at all.
Wish I could help.
Tired of folks like this,
and yes, I'm takin Old's side on this one...
Seen it too many times.
Pardon if I offend others.
Peace, Danny

Yes it should be grand fathered in but still waiting for our day in court and started this court thing well over 18 months ago and by now it should be history but it is not. Sort of like today. Went to the store to pick up some stuff and here is a city cop parked in a way that his car blocks not one but 2 handidde (sp) caped parking places. I told him what I thought about him doing so as I limped into the store and another guy also made a comment. I believe be you a common man or a cop you should obey the laws if you know them and I know that cop knew

Have farm land and understanding neighbors. We built our fence 6 inches inside our line...Want a real mess, have lake front property with a Dr on both sides, asking our guests to get move because they are too close to their lot line while lying in the sand...