thebirdguy
Songster
Quote:
You're welcome!!
You're welcome!!
Icelandic Chickens
- Thread starter The Sheriff
- Start date
thebirdguy
Songster
So we hired an attorney today who specializes in real estate law.. He basically said what we thought, that they have no case and he predicts we will prevail.. The bad news is that it will cost us between $800 and $5000 just to defend ourselves and Idaho law does not allow us to pursue them for our legal fees in this type of case!! He does think we may have recourse with our title insurance to cover the cost of defending the lawsuit.. I hope that turns out to be the case...
The stupid thing is that we offered to sell them for $3000, the portion of our land they sued trying to take.. Our attorney told us that their attorney is not well versed in real estate law, is known to be a "churner" and has probably already billed them for $2000.. Regardless of how this turns out, they will end up paying their attorney more than we offered to sell for plus hopefully they'll still have to pay us to boot...
Why are some people so stupid????
The stupid thing is that we offered to sell them for $3000, the portion of our land they sued trying to take.. Our attorney told us that their attorney is not well versed in real estate law, is known to be a "churner" and has probably already billed them for $2000.. Regardless of how this turns out, they will end up paying their attorney more than we offered to sell for plus hopefully they'll still have to pay us to boot...
Why are some people so stupid????
Quote:
SOME?
I'd have to include myself sometimes.
____________________________________________________________________
So ifn we don't see posts from Mary, will someone be asking "Who shot the sheriff?"
Love the new moniker.
SOME?
I'd have to include myself sometimes.
____________________________________________________________________
So ifn we don't see posts from Mary, will someone be asking "Who shot the sheriff?"
Love the new moniker.
- Thread starter
- #9,494
Thanks Shawn!
That sucks about having to pay attorneys fees. But, your predicament gave me the gumption to stand up to my husband who wants to let a neighbor potentially take well over an acre of my property. It is not fenced between us and him and he has cared for it for many years because he hated the weed view from his windows. So he weed whacks, mows, and removes the rocks from around my second pond to use in his landscaping. He acknowledges to us that he realizes it is our property and he said "If you want to fence it I would be ok with that!" He is a nice guy but it's my property and I am going to put up a fence even if it is just cheap wire that won't contain anything. The law in CA says that if someone occupies or cares for property for five years they can claim it as their own. One caveat, they have to have paid the taxes for five years too. But, if they didn't pay the taxes it states that most courts will award them an easement for use of the property and the rights to the easement transfers to their heirs. The safest thing to do is fence it off and post no trespassing signs. The law states you have to have the ones that state "POSTED, No trespassing." So that will be my next project. Michael does not want to cause friction between us and the neighbor but I am not concerned about that. He knows he has no rights to that acreage. If I lose that, my remaining property will be non-conforming and my agricultural zoning could be in jeopardy. So I will erect what will probably be the world's worst fence!
Edited to add: I just talked to Michael and he is onboard with the fence! He said the last time he talked to the neighbor he even offered to help us put the fence up. I am stoked.
That sucks about having to pay attorneys fees. But, your predicament gave me the gumption to stand up to my husband who wants to let a neighbor potentially take well over an acre of my property. It is not fenced between us and him and he has cared for it for many years because he hated the weed view from his windows. So he weed whacks, mows, and removes the rocks from around my second pond to use in his landscaping. He acknowledges to us that he realizes it is our property and he said "If you want to fence it I would be ok with that!" He is a nice guy but it's my property and I am going to put up a fence even if it is just cheap wire that won't contain anything. The law in CA says that if someone occupies or cares for property for five years they can claim it as their own. One caveat, they have to have paid the taxes for five years too. But, if they didn't pay the taxes it states that most courts will award them an easement for use of the property and the rights to the easement transfers to their heirs. The safest thing to do is fence it off and post no trespassing signs. The law states you have to have the ones that state "POSTED, No trespassing." So that will be my next project. Michael does not want to cause friction between us and the neighbor but I am not concerned about that. He knows he has no rights to that acreage. If I lose that, my remaining property will be non-conforming and my agricultural zoning could be in jeopardy. So I will erect what will probably be the world's worst fence!
Edited to add: I just talked to Michael and he is onboard with the fence! He said the last time he talked to the neighbor he even offered to help us put the fence up. I am stoked.
Last edited:
- Thread starter
- #9,495
Thanks Mahonri. I like it too!
We had our first escapee in the new barn, Someone broke out of the penned area and was just wandering around in the people area minding her own business. H2B had the puppy with him and was going in the barn to fill the feed bowl with kibble and turned around to see puppy blatantly ignoring the chicken who was coming to investigate the rustle of feed bags. Good Puppy! He glanced, he saw, he ignored. Yay! He has seen them a bunch but always supervised, on a leash, just in case. This was the first off leash encounter and he was just perfect.
And the escapee wasn't even an Icelandic (the most shocking part of the whole story) and we can't for the life of us figure out how she did it, she doesn't fly, she's one of the biggest bodied birds we have so there's no squeezing through gaps.
And the escapee wasn't even an Icelandic (the most shocking part of the whole story) and we can't for the life of us figure out how she did it, she doesn't fly, she's one of the biggest bodied birds we have so there's no squeezing through gaps.
Good luck figuring out how the escapee escaped!
Shawn and Mary, stand your ground, many states have laws that make encroaching not only possible but permenent ! Literally, dont give an inch
Shawn and the Sheriff, sounds like a song doesnt it?? Where' s Hank Jr when you need him? Probably fishing with his father in law in Mo.
Michelle when did the puppy come? I missed that one. I will be needing one here, soon. Debating whether a LGD or shepherd type. I have had excellent success with the English Shepherds, but have seen some great Akbash, Anatolians, Kangals, Ovcharkas and others. So Michelle, I think that I missed those pics of the puppy too
Mary I do like the new handle, works !
Sun is coming out, less fog then the past couple of days, life is good in NE Wa !
Life is good, and better with Icelandic Chickens and Pack Goats !
Shawn and the Sheriff, sounds like a song doesnt it?? Where' s Hank Jr when you need him? Probably fishing with his father in law in Mo.
Michelle when did the puppy come? I missed that one. I will be needing one here, soon. Debating whether a LGD or shepherd type. I have had excellent success with the English Shepherds, but have seen some great Akbash, Anatolians, Kangals, Ovcharkas and others. So Michelle, I think that I missed those pics of the puppy too
Mary I do like the new handle, works !
Sun is coming out, less fog then the past couple of days, life is good in NE Wa !
Life is good, and better with Icelandic Chickens and Pack Goats !
- Thread starter
- #9,499
You are so right about it being possible to steal property right out from under someone and keep it! Pertaining to California:
ACTUAL, OPEN AND NOTORIOUS POSSESSION
The trespasser must actually be in possession of the property and treat it as if he were an owner. This means there must be a physical presence on the land. It's not enough for someone just to make a claim, orally or in writing, of ownership.
The words "open and notorious" simply mean that it must be obvious to anyone, including an owner who investigates, that a trespasser is on the land. Actual (physical) possession is usually open and notorious. Someone out in the field harvesting crops is obvious, as is a person pruning the rose garden that she planted on a strip of the neighbor's back yard. Similarly, a neighbor who just put a fence up slightly on the next-door property is obvious. So is the one who just poured a concrete driveway two feet over the boundary line.
The point of this requirement is to let the owner know someone is occupying the land, so something can be done about it. An owner who allows someone to trespass for years without giving permission, complaining or taking action, the theory goes, loses the rights to the land.
ACTUAL, OPEN AND NOTORIOUS POSSESSION
The trespasser must actually be in possession of the property and treat it as if he were an owner. This means there must be a physical presence on the land. It's not enough for someone just to make a claim, orally or in writing, of ownership.
The words "open and notorious" simply mean that it must be obvious to anyone, including an owner who investigates, that a trespasser is on the land. Actual (physical) possession is usually open and notorious. Someone out in the field harvesting crops is obvious, as is a person pruning the rose garden that she planted on a strip of the neighbor's back yard. Similarly, a neighbor who just put a fence up slightly on the next-door property is obvious. So is the one who just poured a concrete driveway two feet over the boundary line.
The point of this requirement is to let the owner know someone is occupying the land, so something can be done about it. An owner who allows someone to trespass for years without giving permission, complaining or taking action, the theory goes, loses the rights to the land.
A very similar law in Israel, used by squatters to gain land that they couldnt otherwise afford to by, and by arabs to get possesion of Jewish land.
I have seen some real obnoxious twisting of this here in the US too.
Mary it was real nice of your neighbor to tell Michael that he had no objection to your building a fence,
Time for another topic,
when in the course of chicken events it becomes necessary to change rations, what good formulas are available for chickens no longer free ranging to keep their protein levels up ?
I am thinking in terms of as natural and organic as possible.
Back in MI I had an Amish feed store/mill and they would mix whatever I want, here in Wa locally there isnt anything other then a commercial layer mix, which mine get now, but I am looking for a mill to be mixing what I need, I dont like most commercial mixes, dont want the chemicals and vitamins and additives. I found that there is a mill about 45 miles from here and going over there next week.
What I have in mind is to get back to a diet for confined birds that will supply what free ranging homestead heritage breeds got while they were being developed.
Thoughts? Comments?
Life is good, and better with Icelandic Chickens and Pack Goats !
I have seen some real obnoxious twisting of this here in the US too.
Mary it was real nice of your neighbor to tell Michael that he had no objection to your building a fence,
Time for another topic,
when in the course of chicken events it becomes necessary to change rations, what good formulas are available for chickens no longer free ranging to keep their protein levels up ?
I am thinking in terms of as natural and organic as possible.
Back in MI I had an Amish feed store/mill and they would mix whatever I want, here in Wa locally there isnt anything other then a commercial layer mix, which mine get now, but I am looking for a mill to be mixing what I need, I dont like most commercial mixes, dont want the chemicals and vitamins and additives. I found that there is a mill about 45 miles from here and going over there next week.
What I have in mind is to get back to a diet for confined birds that will supply what free ranging homestead heritage breeds got while they were being developed.
Thoughts? Comments?
Life is good, and better with Icelandic Chickens and Pack Goats !
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