OT I finaly did it.

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ILLEFTY

Member

• Apr 5, 2010

• #1

Several years ago a farm that borders some of my property was sold. Its pretty rough terrain, only good for pasture and hunting. About 20 acres is inaccessable from the rest of the farm as a bluff runs across the property. Only access is across my field. 2 years ago they started crossimg my field driving down crops. Call County Sheriff and he explained to them that they couldn't cross my field without my permission. Didn't help. Yesterday I had to call the sheriff for the 6th time on this. This time I pressed charges. Today I get a phone call form this guy's lawyer that I could not press charges because the guy's been using it and he is grandfathered. Told him that they had to have permission to cross first to be grandfathered. Didn't do any good. Imformed states's attorney on this. Probably going to cost me money because of someone else's ignorance. I'm done. Sorry about the rant

 

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RayP(MI)

Well-known Member

• Apr 5, 2010

• #1

Understand where you"re coming from on this. Good luck.

 

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thurlow

Well-known Member

• Apr 5, 2010

• #1

There are a couple of attorneys who hang out here and I'm not one of 'em, but I doubt that they had to have had permission to cross your property to be 'grandfathered'. The fact that you've tried...with the help of the shurf.....is probably in your favor. You may need to talk to an attorney who's familiar with laws in your parish.

 

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agpilot

Member

• Apr 5, 2010

• #1

Hi ILLEFTY: You stated: " 2 years ago they started crossimg my field driving down crops." I don'know about your area but from the small encounter I had with that type of problem here, two years is not enough time at all. And what type access did start two years ago? Access to their house? Or just to an extra field? There is a difference as how important the access was. I think you better asking lots of questions. Our state Attorney General office(Mn) would give a question like that some good general advice back.. and free. I wrote twice 15 months ago about another issue and got 2 letters with 2 pages each letter with helpfull info... Enough info that our local sheriff changed his views rather quickly.. Get busy asking people that know what the real facts are.. good luck too. ag

 

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just another old geezer

Member

• Apr 5, 2010

• #1

Don't back down on this. You gave them PLENTY of warning. If you let them off of the hook now they will walk all over you forever.

 

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Pete D

Member

• Apr 5, 2010

• #1

Perhaps it's time for some very unfriendly farm dogs.

 

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tjiniowa

Member

• Apr 5, 2010

• #1

Try the upside down drag section in their path. That might get their attention.

 

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Jerry Coulter

Member

• Apr 5, 2010

• #1

I am in Ill. and not far from you. I had a land-locked 40 acre piece and I had been crossing an adjoining piece for 30 years. Then that property changed ownership. My lawyer said that I had a proscribed easement, but if there was a problem I could sue to condemn an easement. The new owner was a friend and I recently sold him my land. I'm sorry about your problem but you have troubled times ahead.

 

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TomH in PA

Well-known Member

• Apr 5, 2010

• #1

Ask around for references for a good lawyer; the initial consultation won't cost much and will let you know where you really stand. And keep in mind that a lawyer has no authority to tell you what to do or not do, they're private citizens just like you and me.

Who knows what the other guy told his lawyer, probably that he's been crossing your land for generations.

 

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BANDITFARMER

Well-known Member

• Apr 5, 2010

• #1

I dont know were you live but I would have to ask that lawyer to see it in righting and in a law book on the grandfather issue. Sounds to me like he bluffing you to get you to drop the charges. If you called the law the first time they did it they never had permission to cross your land to get to theres they dont have case. Go to the cort house and see if there everwas a right away for them to get to this area through your place. DONT LET THEM WALK OVER YOU! AND DONT LET THEM ON YOUR PLACE EVER! If they get hurt they will sue up and own your farm! Bandit

 

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GordoSD

Well-known Member

• Apr 5, 2010

• #1

Too soon to panic. As someone stated that lawyer was probably bluffing. The fact he called, instead of writing cting statutes leads me to think so.
The ball is in their court. You have filed a criminal complaint and the defendant has to defend himslf, and the COunty attorney has to prosecute the case. Just wait, and get your deer cams set up.
If the County attorney decides NOT to prosecute, because the case is flawed, THEN you need to seek your own representation.

Gordo

 

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Anonymous-0

Well-known Member

• Apr 5, 2010

• #1

The laws are funny, and in Iowa a few years ago, you could be forced to SELL them a right of way. And by golly we all know of some very upseting court decisions.

Like others have said, get a attorney--what a pain in the rear, but we all can agree on is this isn't going to go away on it's own.

 

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MSD

Well-known Member

• Apr 5, 2010

• #1

I would think if you couldn"t press charges the sheriff would have informed you, not the other guy"s attorney. They will throw all kinds of stuff at you and to a judge with the hope that something will stick or work. If they can raise enough questions, the judge will ask for further briefs and $$$$ later maybe a hearing. Ask for a summary judgment if you have to deal any further with him. It might save you time and money if you have a strong enough argument that the judge will agree with. Only cost me $14,000 to settle easement issues that the guy using my land brought up. 2 years later the judge finally ruled in my favor on those issues but I still have to let him use the easement.

 

MarkB_MI

Well-known Member

Location

Motown USA

• Apr 5, 2010

• #1

If the "lawyer" calls again, tell him that all correspondence is to be in writing and if he calls again you'll report him to the law enforcement for phone harassment. I seriously doubt he wants to put his argument in writing.

IANAL, but I don't think they have any right to cross your property if their own property is contiguous, even if it's easier to cross your property to get to their own property. And they certainly don't have the right to destroy your crops in the process.

 

onefarmer

Well-known Member

Location

6735 S Lowell Rd, St Johns, Mi 48879

• Apr 5, 2010

• #1

Seems like you could at least go after him for crop damage. Take pictures and document everything from each time he crosses to what and how much is ruined. A picture in the act (trail camera?) is much better.

 

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GordoSD

Well-known Member

• Apr 6, 2010

• #1

Three more words. Fence. Gate. Lock.

Gordo

 

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jim in N M

Member

• Apr 6, 2010

• #1

Did ya ever think that maybe the lawyer was not a lawyer at all, Just a friend of this guy. Jim in N M

 

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greenbeanman in Kansas

Well-known Member

• Apr 6, 2010

• #1

No grandfathering in whatsoever as he has been told repeatedly by the sheriff's department that he was not allowed to cross.

Indeed it may cost you but this would be a wonderful and glorious win.

 

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Nancy Howell

Well-known Member

• Apr 6, 2010

• #1

Sorry for your problem. I agree with the others that you need to stand your ground. If the "atty" calls again, I think the advice about "harassment" is good. Also agree that the "atty" if he really was an atty, was trying to bluff.

Hope it doesn't get too ugly and $$$. Fencing and game cams might be well worth the $ if you catch him on camera cutting or damaging your fence.

Keep us posted.