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pelle · Mar 12, 2007, 04:51 PM

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 i.e.. 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.

Thank you in advance!

ballengerb1 · Mar 12, 2007, 05:38 PM

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 · Mar 12, 2007, 06:01 PM

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 · Mar 12, 2007, 06:07 PM

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 · Mar 13, 2007, 01:54 PM

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 · Mar 13, 2007, 03:46 PM

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 · Mar 14, 2007, 07:06 AM

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 · Mar 14, 2007, 06:27 PM

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 i.e. squatters rights. Your last post ballengerb1 is making more and more sense to me.

Thanks..

ballengerb1 · Mar 15, 2007, 07:14 AM

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 administration 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 · Mar 15, 2007, 07:45 AM

Originally Posted by 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.

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

Dr D · Mar 15, 2007, 09:19 AM

I believe that one of your concerns which has not been addressed was the possible loss of portions of your property through "Advers Posession" in which another can lay claim to your property after a certain statutory period of open and notorious use of your property. The steps that you have, and continue to take, seem adequate to prevent that. I hope that I did not read something into your question that was not there.

pelle · Mar 15, 2007, 05:48 PM

This is what I was getting at.. the term adverse possession escaped me at the time. Thank you for your replies..

scri8e · Mar 20, 2007, 03:12 PM

This page is a real eye opener.

Trespass, Adverse Possession & Easements
Trespass, Adverse Possession & Easements

ScottGem · Mar 20, 2007, 04:01 PM

This reminds me of something at an agent in the Real Estate office where my mother used to work pulled. At a surplus land sale in Brooklyn, NY he bought a strip of land approximately 10'x200' for $100. This strip of land was between the back yards of two rows of attached homes. There were 10 homes on either side. The strip of land was originally an alleyway for sanitation workers to collect garbage. The sanitation dept changed their pickups to the street side and over the years the owners extended their back yards the extra 5' into the middle of the alley.

After he had the deed recorded he sent a letter to each of the 20 homeowners, demanding $100 from each or to move the fences back the 5'. Well it was cheaper for them to pay the $100 then move the fences or fight him on the grounds of adverse possession. He made $1900 on his $100 investment.