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Tractor Talk Discussion Forum

property rights

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john buck

01-01-2007 15:33:09




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ok i live in indiana and was wondering my rights on the subject matter as of recently kids think it is fun to back up long gravel drives and then floor it hauling rear spinning tires down through it which as of a new paint job on my little john deere b which ticked me off i tryed everything even parking a wagon at the end of my drive about 10 feet off the road now they just shoot out through my yard i cant ever seem to catch whos doing it just wondered what my rights were and how i could catch them in the act

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Hard Knocks

01-02-2007 13:20:02




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 Re: property rights in reply to john buck, 01-01-2007 15:33:09  
You might just go down and talk to them.I've made friends with some of the roughest SOBs you'd ever want to meet that way and haven't had problems with them since.



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Chris in MO

01-02-2007 11:32:09




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 Re: property rights in reply to john buck, 01-01-2007 15:33:09  
Now, first let me say that I'm not recomending this. That said, here's my story.

We live on a road no one ever uses except during hunting season. Two neighbors between me and a bigger road going toward town. Going the other way, no neighbors at all before a paved road with better access to the highway and town. When we first built our house years ago, I would count perhaps half a dozen cars a week going by while working during the days.

One spring afternoon about three years ago, a pickup stopped on the hillside up from our gate. Lots of woods on the road and limited visibility off the road. There was the pop of a small caliber rifle. I had two small children out in the yard. When someone starts shooting around my family when they don't even know they are there, it gets under my skin.Boy, I started yelling. I ran up to the gate just as they started coming down the hill. I had thought about standing there with a shotgun, but changed my mind. I gave them a dirty look as they drove by. I'm 6'3" and 250# with a build like I used to play football. My dirty looks usually carry some weight.

Here's the part I don't really recommend. I then hopped in my truck and started following them. When they realized I was back there, they really put on speed. I never got close to them before they got on the highway.

Well, it was just 3 teen boys going down a 'deserted' country road after school so they could make some noise with a gun. Never saw them on the road again. I did recognize the pickup in town the next week. Driven by a kid who worked in the evening at the local grocery store. Never talked with him about the incident, but did talk with him about other things on a few occasions. Nice kid.

What's the point? Teen boys will do crazy things (like none of us were ever there). Sometimes they just need to be straightened out a little.

Hope everything comes out alright. Just keep your cool.

Christopher

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john_bud

01-02-2007 08:03:22




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 Re: property rights in reply to john buck, 01-01-2007 15:33:09  
Well, if you have a backhoe (or a shovel and a strong back) you can dig out some 18" deep trenches in the drive where the punk backs up. Fill them with water so it looks like a puddle. Sleep in the room closest to there with a video camera. When he backs up and the car drops down to the frame it's game over. (Nice thing here, this will disable the vehicle and not cause damage to it.) Take pictures of it, him and the damage caused like the paint chips. If you are a good scout and plan ahead, print up some signs that state trespassers are responsible for all damages and a $5000 fee for unauthorized entry. Take pictures of the signs before the incident, point them out to the officers that show up and get pics that show the signs and the stuck car. (Maybe John T. could comment on the possibility of getting that money thru the courts?)

I would also get a restraining order against the little darlings that they couldn't be within 500 yards of you or your property. And also try and get the court to revoke their driving privileges and force them to sell the vehicle to pay your damages.

Hope this situation clears up!

jb

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strawbale

01-01-2007 19:27:44




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 Re: property rights in reply to john buck, 01-01-2007 15:33:09  
I have dealt with problems like this for a bit. I always did the proper thing and called the sherriff. All they would ever say is its just kids. so I had to take thing over myself. I have found it is just best to wait around and catch them in the act. Then do whatever your conscience will allow you to do. I handled my situation this spring in this manner, and have not had a problem since. I truly believe that the sherriffs dept. doesnt want to deal with it and the paperwork, because a judge will just let them off because they are minors.
If you are going to do the nails in the boards, just say that you were hauling old lumber and some must of fell off your truck.

I know how frustrating this is and it suck to wait up all night for them, but it is worth it when you catch them.

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2x4

01-01-2007 23:14:13




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 Re: property rights in reply to strawbale, 01-01-2007 19:27:44  
this is excellent practical advice & works wonderfully. Local Gas Co. decided they made the laws in our area & anywhere they pointed a pickup was their property. Hauling away an old barn, a few boards happened to fall off nails up & made them respect the laws already on the books.



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old

01-01-2007 17:12:29




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 Re: property rights in reply to john buck, 01-01-2007 15:33:09  
Best way is a Game cam which clicks from movement and or putting up a fence, barbed wire and cars don't mix well or a heavy pipe type fence which again cars and fense wouldn't mix well and the car may end up haveing to be towed if they tried it again and if towed you then would have them not only for what they have already done but for also destorying your new fence

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john buck

01-01-2007 17:11:06




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 Re: property rights in reply to john buck, 01-01-2007 15:33:09  
thanks for all the advice first i think i will personally find out who is doig this and have a talk with them then if it happensagian we will look into bringing the officials into it



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John T

01-01-2007 17:03:01




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 Re: property rights in reply to john buck, 01-01-2007 15:33:09  
John, I get those questions a lot. The best thing is if you can get good evidence such as video tape etc and then file a complaint with the county prosecutors office (fill out a sworn affidavit of complaint at their office) and sheriff. Unfortunately, if you cant get good evidence such as the license plate the sheriff or prosecutor cant do much for you. The law allows self help to some extent (say spikes on your own property) to protect your personal property but the law doesnt place a higher value on personal property then life so you cant physically harm the perpetrator otherwise youre the criminal and you would get sued grrrrr rrrrr r. Also the type of persons who do this if you turn them in and they get in trouble they may seek revenge way worse then what theyre doing now, its a risky business fer sure.

Id discuss the matter with the sheriff and prosecutors office and get their advice. That is good free advice as your tax dollars pay their services and no laws or lawyers can do much to stop them until you have some good proof like video, although if you can ID the car and license and swear to it, thats better then nuttin and a start at least. The burden of proof is on you the Plaintiff by a preponderance of the evidence.

John T Country Lawyer in Indiana

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Davis In SC

01-01-2007 18:26:37




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 Re: property rights in reply to John T, 01-01-2007 17:03:01  
John T, I always enjoy reading your level-headed advice.. I sure wish you were an Attorney here.. I have several pending matters I need to consult an attorney about.. But I just have not been able to find one that I can really sit down and feel comfortable talking to.. I guess I'll just keep looking, I did get lucky and find a really good CPA.. Hope you have a Happy and Prosperous New Year..



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John T

01-01-2007 20:03:31




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 Re: property rights in reply to Davis In SC, 01-01-2007 18:26:37  
Thanks for your kind words, hope it all works out well for you. I had the advantage of a "real life" as a farmer n engineer and other trades long before I became "law man" and only have a small part time semi retired practice so I can be wayyyyy yy more relaxed lol

John T



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grazer

01-01-2007 17:01:23




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 Re: property rights in reply to john buck, 01-01-2007 15:33:09  
Had a neighbor once that had the same trouble with a bin sight.He laid a drag section up side down. Need I say more.



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dhermesc

01-02-2007 06:35:21




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 Re: property rights in reply to grazer, 01-01-2007 17:01:23  
Agreed. Its not your fault that's where the hitch broke. Nothing like junior ruining $500 worth of tires to remind him to stay on the public roads.



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mbu

01-01-2007 16:04:07




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 Re: property rights in reply to john buck, 01-01-2007 15:33:09  
John,

Can you put a gate up and lock it at night?



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john buck

01-01-2007 15:59:07




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 Re: property rights in reply to john buck, 01-01-2007 15:33:09  
see i was told if they get hurt on your property or if you damage their vechicles that they have the right to sue



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John M

01-01-2007 15:52:32




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 Re: property rights in reply to john buck, 01-01-2007 15:33:09  
Had this teenage kid lived up the road, he became the neighborhood terror on his grandpappys little foreign tractor and his new 4-wheeler.Tearing up mailboxes, busting out windows in the local store,driving the tractor at night with no lights going through peoples yards and stuff.I got real ticked one night and threw out some roofing nails in the driveway.Next day I called a few of the local tire repair places and found the one he took the tractor tire to.Had the police waiting when he came to pick up the tire.Lessoned learned and he is now one of my good friends.

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730virgil

01-01-2007 15:48:00




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 Re: property rights in reply to john buck, 01-01-2007 15:33:09  
sounds like you could use some spike strips



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Farmer in the Dells (WI)

01-01-2007 15:43:54




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 Re: property rights in reply to john buck, 01-01-2007 15:33:09  
How about a wildlife camera that is motion detected?



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HAPPY DEERE

01-01-2007 15:41:15




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 Re: property rights in reply to john buck, 01-01-2007 15:33:09  
wow that really is crap if you know where muncie is they have a store called harbor frieght and go in there and you can get a security camera that will hook up to any vcr i think there like 40 bucks.



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R Walton

01-01-2007 18:31:03




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 Re: property rights in reply to HAPPY DEERE, 01-01-2007 15:41:15  
Take some 1x4's or a 2x4's and drive 16d nails all the way through. Then park your wagon across your drive. Now lay boards down with nails up across your yard. To cover your *ss, put up a sign saying keep off grass. Next morning car or truck will be setting down the road with 4 flat tires. R



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