Frustrated with Neighbors

[booker81]

I did some googling.

What they are on in the pics is the "right-of-way" for the road, not a utility easement or private easement.

http://law.justia.com/codes/tennessee/2010/title-54/chapter-7/part-2/54-7-201/

(a) The chief administrative officer is authorized to remove or cause to be removed any fence, gate, or other obstruction from the roads, bridges and ditches of the county and to clean out and clear all fences and ditches along or adjacent to the county roads.

(b) Any person who places or maintains an obstacle or obstruction upon the right-of-way of any county road and refuses to remove the obstacle or obstruction upon direction of the chief administrative officer to do so commits a Class C misdemeanor.

The entire TN County Road law is here:
http://www.hickmanco.com/pdf/uniformhighwaylaw.pdf

Your best bet is to start searching out reckless and illegal use of an ATV. Not sure if they have to have an IRV sticker, helmets, operator age, all that.

 

[schellie69]

It looks like the county road right away and there is not much you can do at this point. I would have your property surveyed and them put up the fence just one your side of the property line. He the county is supposed in charge of any road way easements they own and the property owners don't have to do anything to them. I am guessing from the photos that these neighbors live next to you there for share that same stretch of easement. At this point I don't think there is much you can do with it but I would make sure that you are not paying taxes on it and I would also check the laws that say you have to maintain it. I think the county is pulling a fast one. As long as you have a fence on your property with no trespassing signs and they get hurt on the county easement then you are not liable for any thing the county is. Since you are not the property owner. Here if someone plants stuff in the road easement the county will mow it down. I would go to the deeds office and the county surveyor's office and check where the easements are. Good luck.

 

[booker81]

Here's some not-so-light reading:
http://www.tsc.state.tn.us/opinions/tca/PDF/024/GreerFT.pdf

In the case, it sounds like the right-of-way is 25 from center.

Since it was stipulated that the right-of-way for Watt Nolan Road is fifty (50) feet, the margins of the road
would be defined and located as parallel lines lying twenty-five (25) feet on each side of and parallel to the center line.

Might want to go through the rest of the case, at least where it discusses the County easement.

 

[cowdogcadillac]

if they are riding on your property,,,Spike it. A 2x 6 with some big nails buried on a trail they use works. Nothing take the wind out of an ATV ers sail like flat tires. They will NEVER ride there again
Once it cost them money they will go elsewhere

 

[CityGirlintheCountry]

If this is just the road easement, it means that it is your land, but the county reserves the right to widen the road and the electric people have the right to trim the tree branches along it. It is, however, your land. You cannot fence all the way to the road. When I put in pasture fencing I have to stay a certain distance from the road and the county will mow that area by the road along the farm fencing. However, the part that is my front yard I mow and keep orderly. It is my land. If there is trash on it from the street I pick it up. Mine is posted and according to the sherrif I asked when kids were becoming a problem, they are trespassing when they enter my yard off the street. I can call and have the sherriff get them for tresspassing.

I have a second easement on my property for the people that own the pasture behind me. Their gate is across my property. They can drive from the road to their gate to get to their land. They cannot drive anywhere else though. It is only the property owners who can do that. No one else can cross. If they do, they are tresspassing on MY land and on the land behind me.

Check your county laws. Check with your sherriff (be calm, cool and collected when you do). Check your deed. Post your land (specifically that corner). Get pictures and keep a file on the kids doing it. Take pictures of the damage to your yard. If push comes to shove, call the cops on the children for tresspassing and sue for damage to the yard. A couple of calls/arrests for trespassing should get mommy's attention. If she still doesn't do anything, you could consider a call to child services for her knowingly allowing her kids to break the law. Clearly she isn't supervising them very well.

Good luck. It stinks when the neighbors are being snots.

 

[chickened]

How much land are we talking about here? Is there a fencing shortage? Why would anyone waste their time landscaping a right of way? Is the battle worth it? If it really was a problem to me I would figure a way to stop it unofficially and it would not involve a lawyer or great sums of money and I would be the only one that knew. Did you know the right of way was there when you bought the land? What type of right of way is it? there are basically 2 types purchased and non-purchased. These are questions I would ask my self before I did anything. Sometimes the best thing to do in a situation is to do nothing which I'm sure has NOT been suggested and before someone says "you have a right" I know you do but you also have a choice and sometimes you can be more miserable over your choice to confront people than to learn to deal with the problem internally so to speak. There are no shortages of lawyers that is for sure.

 

[Rammy]

Quote:
I did the same thing!! I pretty much waited five years for them to prove it wrong but they never did. When I finally got it surveyed again to make sure the corners WERE correct and I had them put in tposts as permanent markers,oooh man!! Did I catch heck!! I told them they had thirty days to prove it wrong other wise I was putting up my fence as I waited long enough, and at thier request too!! Now they are being butts.
I am going to talk to the deeds office and my surveyor tomorrow, and depending on what they say, Im puttin in tposts. I am also getting my no trespassing signs. I forgot to get them today when I got the post pounder<thats what I call it>.
I also thought of an evil plan. I have a horse. Horses produce alot of manure. I could start dumping it right there along the roadside. Nice big piles. I'll say Im fertilizing the grass<eg>.

Rammy

 

[Rammy]

Quote:
Fencing shortage? Im not sure what you mean?
We both have flowers planted on the bank, Iris's, that I gave her when mine decided to go ape and grow like crazy. The county comes along once and a while and mows down the trees but they have never mowed down the flowers.
We are talking about ten/ fifteen feet that is from the corner of my property pin marker to the road.
No, I did not know that there was a right of way, I thought my property went all the way to the road. If I dont mow it, there will be lots of tall grass and will look unsightly.
There is more to it than just wondering if its my land and I can prevent them from using it. They are doing it because my survey proved thiers wrong and they didnt have as much property as they thought they did. I reclaimed what was legally mine. Plus, I made them move thier dog house off my property.
I will have to ask the deeds office about purchased and non-purchased land.
Doing nothing HAS been suggested. Many times. By people who dont have to put up with the harrassment I have.

Rammy

 

[Junkmanme]

Rammy,

I think you are just going to get yourself in trouble by doing ANYTHING in a Road "Right-Of-Way".

-Junkmanme-

 

[Rammy]

Quote:
I have pics. I have talked to the sheriff. I have done everything Im suppose to do. They, on the other hand, think they can do what they want.


Rammy