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 05-28-2005, 08:34 Post: 111626
ncrunch32



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 Vandalism or Civil Matter

My neighbor (kubota L2950 owner) does not like me because I fenced off my property from his use (2 years ago). So yesterday he began scraping dirt with his loader and piling it up about 2 feet against my wire fence so it is bulging through the fence and dragging my wire to the ground. The line is clearly marked - I had stakes put in every 50 feet. I put the fence 1 foot inside the line - he knows where the line is.

I called the police and they talked to him - but they say it is a civil matter. It seems to me this is clearly an act of aggression - no different from a kid breaking windows and this should be treated as such. During the day the cops came two more times. Once for the guy putting a bottle of anti-freeze on the pile of dirt to signal he was going to kill our trees (we got a picture - then he ran down and removed the gallon - he admitted to police it was there but said it was just water), then again for shining a million watt spotlight on us while we were walking around the house at 10PM.

Each time he spoke to the cops, he became more aggressive and insisted to the police chief he had a right to hold a spotlight on anyone he wanted - then held it on the chief for a brief second.

So I guess I will be out there today on my tractor to clean up a stone wall. I know the advice from many of you will be to settle this - it can become pretty awful - no way to spend your life. But my belief is that I have a right to use my property without intimidation and I will only come out of here one way - dead.

I don't want to spend lots of money on court, lawyers - I know this is a waste of time. I may just get an estimate on what it costs to clear out - fix fence and go to small claims court. But I think these folks are arrogant because her father is well known in town and may have influence on a judges decision.

I knew this would happen - because we have really cleaned up the property line and planted nice large 6-8 foot spruce trees, made nice lawn, etc. They are steaming because we have developed something nice for our use that they had planned for using to compensate for the fact that they built their house 40 feet from my line (and they have a 4 acre lot).

Any creative ideas are welcome! Except be nicey-nice to a 35 year old punk (I am 52).






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 05-28-2005, 11:37 Post: 111634
AV8R



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 Vandalism or Civil Matter

Call the sheriff every time there is an infraction, and make sure a report is made, not just a "good talkin' to". There needs to be a record kept.






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 05-28-2005, 12:24 Post: 111636
kwschumm



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 Vandalism or Civil Matter

That sucks. These situations are often intractable. I have no solutions to offer, but would make the point that it's important to gather evidence and not end up in a he said/he said situation. You might consider installing some day/night surveillance cameras and recording equipment to catch him in the act. Keep logs of events, timestamps, the names of cops you talk to, badge numbers, etc. Evidence is good to have and hard to get after the fact.






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 05-28-2005, 13:28 Post: 111640
Chief



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 Vandalism or Civil Matter

ncrunch32,

First off what is going here is that your neighbor is CLEARLY conveying a threat to you. You DO NOT require the the sheriff to properly address this situation. Go to the courthouse and swear out a warrant on him with the magistate.

Secondly, he is deliberately dumping on your property. Dumping is a crime punishable by a minimum $500 fine in most states. Swear out a warrant on him for that.

Dumping of dirt in areas prone to errosion or potential washing require silt fences be installed by the Dept. of Environmental Quality or appropriate agency in most areas. Call the Dept. of Environmental Quality and report him.

Lastly, since this individual seems hell bent for leather to intimidate and aggrivate you. Contact the local magistrate and file a restraining order against him.

Look up as many local laws and ordinances as you can and report him for each and every violation. Get video tape of as much of him doing this as you can.

BEFORE you do ANY of this......... WITH 2 witnesses; go to the man's door and make an attempt to resolve this matter with him in person. If you get no results; then it is time to declare war. War is the LAST thing you want as things will get MUCH worse before they get better. Best to work something out with your neighbor on mutually agreeable terms if at all possible.






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 05-28-2005, 13:34 Post: 111641
StephenR



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 Vandalism or Civil Matter

Boy I feel for you. Not much worse than not getting along with your neighbors. Can't add much to what's been stated. The only hope from what you said, is that he might lose it with the police being there. Other than that stay safe and stay armed. Maybe get some night vision scope too. Good luck.






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 05-28-2005, 17:17 Post: 111646
ncrunch32



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I have 24 hour videotaped surveillance - I installed it 2 years ago for $2000 from 123cctv.com, great system. $1500 joystick controlled zoom camera and $500 continuous record VCR. I already have some pretty interesting stuff - one policemans's eyes almost popped out his head when I showed him a tape. These police are pretty much useless even when you show them a tape of your neighbor stalking your daughter.

I have a 500 watt light on motion in my backyard - but if this guys wants to hurt my property its pretty difficult to catch at night. Actually he did his damage with the tractor in broad daylight! I was working in the poolyard -heard him running the tractor - but assumed he was on his own side and left him alone (as I always do). He never came within one foot of the fence before in 2 years. We do, however, have it all on videotape. The camera also actually serves to exonerate me and show that I don't harass my neighbor - since he often lies to the police.

An update today - they called police on us! I was trimming lilacs not knowing why the police came to our house. The neighbors said we were calling their son names. We had no idea what was going on! Afterwards we thought about it and we think that they heard us calling our cat "Lucifer". I guess they think Lucifer is what we were calling their son! Apt name, though I must say Smile

Also the policeman said they (the neighbors) wanted to mediate the situation. I know, secondhand, you think that is a good idea. I don't. I own my property - it is mine -and my right to use it. There is nothing to mediate. I told the cop if the guy leaves me alone on my own property everything will be fine. In fact, I told the cop the neighbor can continue to call me names, try to scare us, but just don't damage my property. Then everything will be fine.

This mediation offer was interesting - I think the neighbors are getting nervous since the husband has actually damaged my property. On the other hand - I didn't trust the cop who came with the offer - this town is crooked and the wife's father has some influence. The guy acted sleazy. The cops who were here yesterday (including the chief) on my behalf seemed to know the neighbor was the problem and spent lots of time talking to him telling him we had the right to walk on our property without harassment. This cop who came today seemed like he came on an informal visit on behalf of the neighbor.






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 05-28-2005, 19:31 Post: 111651
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 Vandalism or Civil Matter

I say it is time for war. Go to you local judge or magistrate with what ever video you have and get a restraining order put in place. I'd say about 40 feet from your property should do the trick.






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 05-28-2005, 20:02 Post: 111653
JAZAK5



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 Vandalism or Civil Matter

its a civil matter,my neighbor attempted to take my drive way through adverse possesion claiming he mowed the center strip as he entered his own yard.his wife worked for a lawyer thus "pro bono" and it cost me 6,000 to fight it and keep it.we agreed on pivioting the property line but he is a as-ho-e and wont make a date for the surveyor
so I sued for my legal expenses,he never showed but all I can do is put lein on his house and hope I get my money when he dies and he family tries to sell it!!!!
you have to persue it or risk his attempt to claim ownership !!!!
hey theres a report of anti freeze !!???
make sure its real then call encon/a $50,000 fine will wake his as- up !!!






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 05-28-2005, 21:37 Post: 111654
ncrunch32



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Oneace, I like your attitude! I have been thinking tonight. Maybe tomorrow I will call the state troopers and have them review the situation. If they say this is a civil matter, then OK. They are much more professional than the town cops. I will accept their opinion.

I will also probably call family attorney and speak with him about right approach to this. I will ask him about papers that should be filed. Plus I have the feeling that neighbors are setting me up with this mediation thing. The "lone ranger" cop who came over on behalf of the neighbor kept saying "so you won't mediate?" I think we need a registered letter from the attorney stating our position.

Jazak5, you have some good thoughts about the antifreeze. This is all on record. I feel for you with this adverse possession stuff. These are people trying to get something for free that they didn't work for. This is the same as stealing. I have a good friend who is encroaching into a field next to him stating he is going to assume it is his after 7 years. I told him if I was the farmer next to him I would kick his butt and put an old rusty combine machine next to him (or worse) for the next 20 years. This adverse stuff is BS that every realtor learns in class and then uses to harass his neighbor who tries to be decent. No way this stuff should ever happen!

Thanks to all of you - you let me vent, plus you all have great ideas. Thanks to everyone on this post!






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 05-28-2005, 22:45 Post: 111657
ncrunch32



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See pics 19 and 20 for dirt neighbor jammed up against my fence and gallon of antifreeze that neighbor displayed to telegraph message that he would kill my trees.






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