Hello,
This is taking place in NYS. I recently bought 25 acres of land that borders about 12 houses in my development. Upon purchase I sent out letters for usage of the land ie. They could mow it and use it just not put up any permeant structures or cut any trees. Also that the land has changes hands.. I put up no trespassing signs along the borders. One of the borders happens to be on a deadend road and every six months I put a chain across a trail that runs through the property. I had problems with one neighbor who cut trees down and blocked our hiking trial so I had him served with a restraining order but he continues to cause problems.

Finally the questions:
Is there anything else i need to do inorder to keep people from using squatters rights to take the land they mow and is there anything else i can do to keep this vandal off the property without getting into trouble.

Thankyou in advance!!

ballengerb1

Are you living on this property or do you just use it as a "get away?" If you are not around you'll have difficulty catching and proving your case. Your neighbors sounds like a hightmare and Ihad bad luck trying to reason with crazy people. Keep call the sheriff on him and hopefully the sheriff will convince him to cool his heels. If you like playing Tracy you could buy one of those motion sensing cameras people set out for deer. Of course he might spot it and steal it.

ScottGem

You would have to catch the vandal in the act. So you either stake out the place or use cameras.

As for squatters rights, I wouldn't worry about that. You have informed the neighbors that you are granting an easement only for the purposes of mowing the property if they should choose to (why they would want to mow someone else's property, I'm not sure. I suppose they might want to cut back from their property a little bit to keep it neater.

ballengerb1

One last thought, tell all your neighbors that you are cancelling any and all of their use of your land because someone has been cutting down trees and blocking your trail. They will probably find the crazy and lynch him.

pelle

thanks
this property backs right up against my back yard to i am around. He does this mostly during the day when people are at work. The joke is we can see his footprints from his front door through the property and back/. He is out there. People have told me they mow it because it keeps their property looking neat.

ScottGem

Ok, so you believe you know who it is because of tracks. You can hire someone to photograph and take a plaster cast of the footprints. And to testify that the same tracks were found leading from one particular house to the vandalism. You should be able to take that testimony to the police and/or a court.

ballengerb1

Pelle, did you know you have assumed some legal liability by allowing those folks to use/mow part of your 25? It may have been a neighborly things to do but no good deed goes unpunished. From the legal stand point you would be much stronger to notify everyone to totally obey the no trespassing sign. A no trespass does not allow for if, ands or buts.

pelle

Yes i do .. I should have stated that the first letters that where sent out registered had a claus about if you use the land you and anybody you allow on it waves any liability from the land owner, these where signed and returned everybody but the vandal returned it and they are filed away.
The biggest part i am worried about is the these people maintaning the land and then trying to take it ie squatters rights. Your last post ballengerb1 is making more and more sense to me.

thanks..

ballengerb1

One last things and then I'm going to stop bothering you. Your waiver will not hold water for others who did not sign it, especially minors. No one, including the minor, can waive the right of a minor. If a child falls in a fox hole or cuts himself on a fence you are still liable. The only solution I've ever seen in my adminstration of schools and public building was to require users to show proof of insurance indemnity,naming me as "also insured" on their own liability insurance. It works for schools and businesses but not sure how you could go about it. Best of luck dealing with the vandal. He disrespects your rights as a property owner.

excon

Hello pelle:

Two things: 1) If somebody sues you, the law will prevail - not your registered letter with your clause...... If they're mowing your lawn, and they get hurt, you'll get sued, and your letter won't help.

2) You live there. This is property that you look after and can see from your back porch. Being worried that someone can take it away from you, is like worrying it will be destroyed by a volcano.

In other words, the only way somebody is going to take your property is if they sue you - not squat on it. And, sue you, THEY CAN.

excon