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Frustrated with Neighbors
- Thread starter Rammy
- Start date
Quote:
I've read this entire thread....yet I'm still a bit CONFUSED. (Slow Thinker, I guess)
Is the Area in Question part of the Road "Right-of-Way" or is it an "Easement"? They are considerably different in Law.
You haven't ANY RIGHTS to a Road "Right-of-Way"....and your RIGHTS in an "Easement" VARY depending upon how the easement documents are written.
IF it is a Road "Right-of-Way", you can fence up to it (on your property). That's as far as you can go.
IF it is an "Easement"...then it depends upon the Easement Documents AND the Ordinances of the Presiding Government Entity (County?).
I'm just not at all CLEAR on just what sort of "Property Complaint" that you are making here. IF it isn't YOUR PROPERTY....you have no grounds to complain.
Please clarify.
just confused,
-Junkmanme-
I've read this entire thread....yet I'm still a bit CONFUSED. (Slow Thinker, I guess)
Is the Area in Question part of the Road "Right-of-Way" or is it an "Easement"? They are considerably different in Law.
You haven't ANY RIGHTS to a Road "Right-of-Way"....and your RIGHTS in an "Easement" VARY depending upon how the easement documents are written.
IF it is a Road "Right-of-Way", you can fence up to it (on your property). That's as far as you can go.
IF it is an "Easement"...then it depends upon the Easement Documents AND the Ordinances of the Presiding Government Entity (County?).
I'm just not at all CLEAR on just what sort of "Property Complaint" that you are making here. IF it isn't YOUR PROPERTY....you have no grounds to complain.
Please clarify.
just confused,
-Junkmanme-
Maybe a couple Claymores. Might be messy though.
Since you got the property survied I would put up a fence around it and tell the neighbor and the county to kiss your backside.
Get it recorded that the county is claiming the property as theirs so if they they try to remove your fence tell them it is on YOUR property NOT theirs and if they touch it it will be considered theft.
Just another thought. Also make sure you have the correct acerage and check it out on your taxes to make sure you are not paying taxes on the COUNTIES property. i mean after all they are telling you that you don't own it.
We got a neighbor who tells all his hunters they can use his easement across our property to get to his, but they have been hunting and driving all over our property, so I know about bleep neighbors.
Actually had one of his hunters tell me if I didn't knock my crap off the neighbor was going to nail me for harrassment.
Came back and bit the neighbor in the butt. We nailed him for tresspassing.
Get it recorded that the county is claiming the property as theirs so if they they try to remove your fence tell them it is on YOUR property NOT theirs and if they touch it it will be considered theft.
Just another thought. Also make sure you have the correct acerage and check it out on your taxes to make sure you are not paying taxes on the COUNTIES property. i mean after all they are telling you that you don't own it.
We got a neighbor who tells all his hunters they can use his easement across our property to get to his, but they have been hunting and driving all over our property, so I know about bleep neighbors.
Actually had one of his hunters tell me if I didn't knock my crap off the neighbor was going to nail me for harrassment.
Came back and bit the neighbor in the butt. We nailed him for tresspassing.
Quote:
Bad, Dunkopf...bad...
Is your property fenced along the easement on your side? It seems like that would keep the atvs off your property.
PLEASE go to your Register of Deeds !!
Do not take the word of anyone until you have read the actual recorded document.
Deeds, mortgage documents, easements, liens, powers of attorney, and other document recordings are managed by the Register of Deeds in each Tennessee county. Some times you can actually find the info online. If it reads in your favor get a copy and inforce it . If you do not have time to research there is companies you can hire.
)If the deed reads in your favor you may also want to get your land surveyed and record it )
Do not take the word of anyone until you have read the actual recorded document.
Deeds, mortgage documents, easements, liens, powers of attorney, and other document recordings are managed by the Register of Deeds in each Tennessee county. Some times you can actually find the info online. If it reads in your favor get a copy and inforce it . If you do not have time to research there is companies you can hire.
)If the deed reads in your favor you may also want to get your land surveyed and record it )
How many feet off the road does the easement end? I would measure and fence just over your side of the easement. The county CAN NOT remove your fence off of YOUR property. As long as you haven't fenced the easement you are safe.
Quote:
Your surveyor is the first place to start. I would assume that he is licensed by the state and knows state laws regarding easements. And easement is a right to use another's land. In most cases the uses are limited, such as an underground easement to provide utilities; having an easement does not mean the land it open to public use. It is possible that the land in question belongs to the state, and YOU have an easement for its use (or the other way round). If the city/county/state owns the land in question, you need to find out eactly what your rights are to its use, and limiting the use by others.
I am assuming that the kids driving their ATVs are not licensed, and that the ATVs are not either. If the county does not allow you to fence in your property or will not enforce trespassing, you need to inform the county that they will be liable for damage to your property by these people, as well as liable for any injuries they sustain. Seeing that the easement is more or less extensions to the sides of the road, it is likely that laws regarding driving can be enforced there as well. Not sure about where you are, but here driving across open fields to avoid roads is illegal here.
Your surveyor is the first place to start. I would assume that he is licensed by the state and knows state laws regarding easements. And easement is a right to use another's land. In most cases the uses are limited, such as an underground easement to provide utilities; having an easement does not mean the land it open to public use. It is possible that the land in question belongs to the state, and YOU have an easement for its use (or the other way round). If the city/county/state owns the land in question, you need to find out eactly what your rights are to its use, and limiting the use by others.
I am assuming that the kids driving their ATVs are not licensed, and that the ATVs are not either. If the county does not allow you to fence in your property or will not enforce trespassing, you need to inform the county that they will be liable for damage to your property by these people, as well as liable for any injuries they sustain. Seeing that the easement is more or less extensions to the sides of the road, it is likely that laws regarding driving can be enforced there as well. Not sure about where you are, but here driving across open fields to avoid roads is illegal here.
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