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View Full Version : Home and Auto Legal Problem: How to Keep Someone Off Your Property


Jenson71
05-12-2010, 10:05 PM
Hello, my family is in a situation, and I am to look for possible options we could exercise in ending the situation. My grandpa owns a farm. He is too old to take care of it, so my mom basically manages things like CRP, renters, and bills. She lives far from the farm though, and can only visit my grandpa and the farm twice a month. My mom has power-of-attorney status.

I have an uncle who is a jackass, to put it politely. He lives near the farm, and he uses it for his own purposes to make money. Part of that comes from keeping horses there that belong to others, and letting hunting parties on the farm, and cutting down expensive wood to sell for lumber, and taking people's trash and throwing it in ditches on the farm.

I have had to personally clean up ditches and sheds with this guy's trash a couple of times.

We want my uncle to stop. He won't just by asking. We want him off the farm. What can we do?

1.) Get a restraining order. But no one is at the farm checking this out, except for the renter, but we don't want to drag him into this mess.
2.) Hire a guard. Too expensive.
3.) Build a locked gate.

I think Option 3 is a good idea. We could give the code to the renter and some other people we trust, but not the uncle.

How does this idea sound, and/or are there other ideas we could explore for keeping someone off the property?

cdcox
05-12-2010, 10:12 PM
Put out a bowl of antifreeze.

Rain Man
05-12-2010, 10:12 PM
Uncleifreeze.

BIG K
05-12-2010, 10:15 PM
Hello, my family is in a situation, and I am to look for possible options we could exercise in ending the situation. My grandpa owns a farm. He is too old to take care of it, so my mom basically manages things like CRP, renters, and bills. She lives far from the farm though, and can only visit my grandpa and the farm twice a month. My mom has power-of-attorney status.

I have an uncle who is a jackass, to put it politely. He lives near the farm, and he uses it for his own purposes to make money. Part of that comes from keeping horses there that belong to others, and letting hunting parties on the farm, and cutting down expensive wood to sell for lumber, and taking people's trash and throwing it in ditches on the farm.

I have had to personally clean up ditches and sheds with this guy's trash a couple of times.

We want my uncle to stop. He won't just by asking. We want him off the farm. What can we do?

1.) Get a restraining order. But no one is at the farm checking this out, except for the renter, but we don't want to drag him into this mess.
2.) Hire a guard. Too expensive.
3.) Build a locked gate.

I think Option 3 is a good idea. We could give the code to the renter and some other people we trust, but not the uncle.

How does this idea sound, and/or are there other ideas we could explore for keeping someone off the property?


Well, most problems are solved with a .45 and a shovel.:D Honestly, restraining orders are usually reserved for assault however, if the guy has no business being there, He is not on title nor an owner, he can be removed legally. I suggest calling your local
Sheriffs department.

DeezNutz
05-12-2010, 10:15 PM
If that antifreeze had balls it would be your uncleifreeze.

LaChapelle
05-12-2010, 10:17 PM
The uncle is close
your mother is far away and she got power of attorney
homemade ointment

ForeverChiefs58
05-12-2010, 10:18 PM
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CoMoChief
05-12-2010, 10:18 PM
Simple.....

http://grdurand.com/blogger/uploaded_images/get_off_my_lawn.jpg

Bacon Cheeseburger
05-12-2010, 10:23 PM
Simple.....

http://grdurand.com/blogger/uploaded_images/get_off_my_lawn.jpg
This.

philfree
05-12-2010, 10:24 PM
Call the cops and report him for trespassing. Should be that simple.


Paint your fence post in purple?


PhilFree:arrow:

Jerm
05-12-2010, 10:28 PM
Tell him once to leave...if he doesn't he's trespassing. Call the police and have him removed.

Dante84
05-12-2010, 10:29 PM
BOOBYTWAPS

blaise
05-12-2010, 10:35 PM
Put up some posted signs to start. Then tell him. Then call the police when he trespasses.

Bacon Cheeseburger
05-12-2010, 10:41 PM
Another option is to just sell the land if no one in your family wants to live there or farm it.

With that said, I'm in the call the sheriff camp, he's definitely breaking multiple laws here. He's trespassing. Him taking lumber off the property and selling it is flat-out stealing. And aren't the ditches county right-of-way? If they are, that's littering.

philfree
05-12-2010, 10:44 PM
I'm saying you have a voluntary security force right here on the Planet.

If worse comes to worse we can dispose of the body at HogFarmers.

JK/

PhilFree:arrow:

LaChapelle
05-12-2010, 10:48 PM
You can't win this power struggle from a distance
pretend to make nice is better in the long run

WoodDraw
05-12-2010, 10:56 PM
I don't know where the farm is, but you might have a hard time getting a restraining order for something like that. You're best bet it to put in a gate, and then call the police for trespassing. If you're not willing to go that far, you'll probably have a hard time convincing a judge to issue a restraining order.

Jenson71
05-12-2010, 11:03 PM
Another option is to just sell the land if no one in your family wants to live there or farm it.

With that said, I'm in the call the sheriff camp, he's definitely breaking multiple laws here. He's trespassing. Him taking lumber off the property and selling it is flat-out stealing. And aren't the ditches county right-of-way? If they are, that's littering.

My grandpa still wants the farm, though. And all the kids (there are 6) have some ideas about what to do with it. And I want it, too.

The lumber thing is really bad, though. Some of those walnut trees can sell for $1200. One time my mom and I drove out to the farm and saw an entire operation going down. There were probably 10 trees down, and some had already been cut up into boards. That's potentially $12,000 just being taken.

So we took pictures of it all. I don't know if my mom's done anything with them since except maybe give them to my grandpa's lawyer.

The ditches are on the farm (not on roads leading to farm), but I think the DNR can come in and issue fines for littering if it's near creek water, which it is.

Bwana
05-12-2010, 11:04 PM
http://www.johnwmyers.com/G20-600.jpg

http://4.bp.blogspot.com/_vc4yH6yTb9Q/SSPy9vlUxKI/AAAAAAAAAT8/oqeFV2GPW28/s400/shallow+grave.jpg

WoodDraw
05-12-2010, 11:06 PM
And, things like this take some effort. You need to call the police every time it happens. Issue a cease and desist order. You might also have some recourse against the property he keeps illegally on your property. But, if you have a legal paper trail that goes better that saying he's an ass when you get fed up.

That's lawyer area though.

noa
05-12-2010, 11:08 PM
If you don't think law enforcement will be enough motivation because they don't care enough or can't always be there to stop him, just sue him for trespass. I bet a lawsuit that'll cost him money could do a better job of getting his attention than a warning from the sheriff.

teedubya
05-12-2010, 11:11 PM
Nobody tells people to get off his lawn better than Skip Towne... too bad he aint around to ask.

bowener
05-12-2010, 11:19 PM
I heard using fake Owls works to scare pests away.

Get one of these.

http://www.newopticalillusions.com/wp-content/uploads/2007/07/owl_illusions.jpg

Seems pretty fucking scary to me, but that could be because I am part pigeon.

bowener
05-12-2010, 11:20 PM
Nobody tells people to get off his lawn better than Skip Towne... too bad he aint around to ask.

Is that because he is getting off on his lawn?

Badda-bing

That was a masturbation joke.

patteeu
05-13-2010, 12:30 AM
The uncle is close
your mother is far away and she got power of attorney
homemade ointment

Your posts are either going over my head these days or you're a really strange dude.

Otter
05-13-2010, 01:01 AM
Buy Mohillbilly a plane ticket and have him wait on your front porch. Next time he comes on your lawn MoHillbilly will put him in a head lock on the opposite side of his bad tooth.

At this point MoHillbilly hands him a pair of pliers (while he still has him in headlock) and makes him extract his tooth. Any refusal will be met with Mo squeezing his head harder.

Upon failure Mo exterminates the invader. Upon success Mo lets him go and he cries himself out in the fetal position on your front lawn while sucking his thumb to never step on your property again and scared for life.

Two problems solved.

GoHuge
05-13-2010, 01:04 AM
I've put this in progressive order. Also each one leaves a certain amount of deniability. Point will be taken pretty quickly.http://i335.photobucket.com/albums/m442/silatar/137.jpg
http://i691.photobucket.com/albums/vv280/jillksb/Vietnam%20-%20Saigon1%20tunnels/Vietnam2009307.jpg
http://i120.photobucket.com/albums/o193/sagegreencatz/TOOLS/antifreeze.jpg
http://i211.photobucket.com/albums/bb26/brand8246/barrett.jpg

ChiefJustice
05-13-2010, 01:04 AM
http://www.groomsmangifts.us/weddinggifts/cj_GC187_Rawlings_Baseball_bat_free_engraving_included_in_block_font_shown_groomsmangifts_.jpg +




http://www.buzzle.com/img/articleImages/329964-40225-48.jpg =

DaneMcCloud
05-13-2010, 01:24 AM
Just walk outside in your Pope costume.

That should freak them out for life.

Silock
05-13-2010, 01:27 AM
Landmines.

KC native
05-13-2010, 01:30 AM
Landmines.

motherfucker. I just clicked on this thread to write that.

Silock
05-13-2010, 01:45 AM
motherfucker. I just clicked on this thread to write that.

I'm honestly surprised no one mentioned it before. Seems perfectly logical to me.

btlook1
05-13-2010, 02:03 AM
First off I would hire a local lawyer that's close to the land. Then I would ask him to send the letter that he will be sued or whatever of course you want to send that certified...or maybe have it delivered by the local subpeona guy. The lawyer will also contact the local law and tell them what's going on. After you get that done get the locked gate up. I assume it's all fenced...otherwise he just drives around the gate. Then I would visit as often as I could to make sure the dirtbag isn't around...if he is call the law....I would vote for kicking his ass but doesn't seem like that's probably an option since you aren't around enough to enforce it....let us know how you deal with it and if it's taken care of....

DenverChief
05-13-2010, 03:36 AM
Call the cops and report him for trespassing. Should be that simple.


Paint your fence post in purple?


PhilFree:arrow:

Kinda, yes have the Local Police inform him he is tresspassing and not allowed on the proprty....the rub is to (have the police) catch him in the act after being warned


18-4-503. Second degree criminal trespass.

(1) A person commits the crime of second degree criminal
trespass if such person:

(a) Unlawfully enters or remains in or upon the premises of
another which are enclosed in a manner designed to exclude
intruders or are fenced

2) Second degree criminal trespass is a class 3
misdemeanor, but:

a) It is a class 2 misdemeanor if the premises have been
classified by the county assessor for the county in which the
land is situated as agricultural land pursuant to section 39-1-
102 (1.6), C.R.S.; and

b) It is a class 4 felony if the person trespasses on premises
so classified as agricultural land with the intent to commit a
felony thereon.

Colorado Law but you get the idea...dumping, theft of the trees might be a felony if you can prove the cost of the trees are over $$(In Colo it is 1K)

Fish
05-13-2010, 03:52 AM
BOOBYTWAPS

http://img33.imageshack.us/img33/7240/boobytraps.jpg

Fish
05-13-2010, 03:56 AM
Have you considered the ED-209 model?


http://www.virginmedia.com/images/robocop-431x300.jpg

Amnorix
05-13-2010, 06:10 AM
Depends on how you want this to go down. Re: the trees -- if you can prove it was him, then it's theft, plain and simple. Threaten to bring a lawsuit. Tell him you're on to him about the other junk you mention, and tell him that if you discover him pulling any more games that in addition to complaining about criminal trespass and vandalism (dumping trash), you'll bring a civil suit for the theft, trespass, etc. (note that this letter can seem more official/impressive coming from a law firm, if you can afford it or find a lawyer to write one cheaply).

But seriously, the poster who said this is an uphill struggle when you're all far away isn't far from wrong. If your Grandfather can't manage the situation, then selling it might be the best option.

Needless to say, I hope to heck that your grandfather has a will, etc.

Bwana
05-13-2010, 06:41 AM
http://t3.gstatic.com/images?q=tbn:Or-PueKxcjYkgM:http://noonedriving.com/blog/wp-content/uploads/2009/12/taser.jpg (http://www.google.com/imgres?imgurl=http://noonedriving.com/blog/wp-content/uploads/2009/12/taser.jpg&imgrefurl=http://noonedriving.com/blog/%3Fm%3D200912&usg=__w7u4hjrEPHcnXQq9Ik14I8N_7aE=&h=375&w=375&sz=20&hl=en&start=8&um=1&itbs=1&tbnid=Or-PueKxcjYkgM:&tbnh=122&tbnw=122&prev=/images%3Fq%3Dtaser%26um%3D1%26hl%3Den%26sa%3DX%26tbs%3Disch:1)


http://blogs.citypages.com/blotter/wood%20chippers-thumb.jpg

http://t0.gstatic.com/images?q=tbn:y4y01rUOt7t87M:http://gryphonscry.files.wordpress.com/2009/09/glad-bag.jpg (http://www.google.com/imgres?imgurl=http://gryphonscry.files.wordpress.com/2009/09/glad-bag.jpg&imgrefurl=http://gryphonscry.wordpress.com/2009/09/24/the-man-from-glad/&usg=__8jSrf6-7mgdTEef7429tkduSjiw=&h=397&w=412&sz=26&hl=en&start=8&um=1&itbs=1&tbnid=y4y01rUOt7t87M:&tbnh=120&tbnw=125&prev=/images%3Fq%3Dbosley%2Bglad%2Bbags%26um%3D1%26hl%3Den%26tbs%3Disch:1)

http://t2.gstatic.com/images?q=tbn:e_Huot3wOjtzmM:http://www.nj.gov/dep/wms//bfbm/GreatGorgeLake.jpg (http://www.google.com/imgres?imgurl=http://www.nj.gov/dep/wms//bfbm/GreatGorgeLake.jpg&imgrefurl=http://www.nj.gov/dep/watershedmgt/bfbm/lakes.html&usg=__MNf842d6A2OWulHaTg4nOTJ8KPI=&h=1536&w=2048&sz=654&hl=en&start=22&um=1&itbs=1&tbnid=e_Huot3wOjtzmM:&tbnh=113&tbnw=150&prev=/images%3Fq%3Dlake%26start%3D20%26um%3D1%26hl%3Den%26sa%3DN%26ndsp%3D20%26tbs%3Disch:1)

http://t2.gstatic.com/images?q=tbn:ei56XUSFQV4EqM:http://therealbarackobama.files.wordpress.com/2009/10/zip-lip-2001.jpg (http://www.google.com/imgres?imgurl=http://therealbarackobama.files.wordpress.com/2009/10/zip-lip-2001.jpg&imgrefurl=http://therealbarackobama.wordpress.com/2009/10/02/pundita-memo-to-glenn-beck-dont-whine-its-unseemly/&usg=__XgvoA_2bfsR58LCuBH4S08JxC_Q=&h=298&w=400&sz=22&hl=en&start=1&um=1&itbs=1&tbnid=ei56XUSFQV4EqM:&tbnh=92&tbnw=124&prev=/images%3Fq%3Dzip%2Blip%26um%3D1%26hl%3Den%26tbs%3Disch:1)

Bwana
05-13-2010, 06:48 AM
1. Taser
2. Wood Chipper
3. Glad bag
4. Deep Lake
5. Zip your lip

Ebolapox
05-13-2010, 07:03 AM
taze him, bro!

Valiant
05-13-2010, 07:37 AM
It sucks, and been mentioned now.. You need a restraining order, then the cops will have to catch him.. Also, I would check up on the horses being kept there by him.. Who is responsible for them if something goes wrong if it is not his land? Would also see if you can file a lawsuit for illegal dumping and stealing of the lumbler/firewood..

Buehler445
05-13-2010, 07:38 AM
Candidly, selling is not really a very good option for your grandpa. I assume it is in Iowa. They are having record high land prices right now. I'm sure your grandfather's tax basis is comparatively small, so his cap gain tax burden would be atrocious.

When is the CRP up for renewal? They are cutting CRP pretty deeply and all but the biggest watersheds are not being renewed. If the land is not going to be renewed, it may be prudent to rent it to a farmer to rent it out. Cash rent prices are getting rediculous out there (still assuming it is Iowa) and it could be very profitable for the family. Then someone would always be there and I guarantee the tenant would be more proactive about keeping this guy off the property.

Until then the only recourse I know about is trespassing. If there is a neighbor farmer out there, maybe you could pay him a little solmething to drive around and check it everyday.
Posted via Mobile Device

Cannibal
05-13-2010, 07:41 AM
Call Mohillbilly. He's like Superman, Batman, Wonder Woman and the Incredible Hulk combined.

Cannibal
05-13-2010, 07:44 AM
Buy Mohillbilly a plane ticket and have him wait on your front porch. Next time he comes on your lawn MoHillbilly will put him in a head lock on the opposite side of his bad tooth.

At this point MoHillbilly hands him a pair of pliers (while he still has him in headlock) and makes him extract his tooth. Any refusal will be met with Mo squeezing his head harder.

Upon failure Mo exterminates the invader. Upon success Mo lets him go and he cries himself out in the fetal position on your front lawn while sucking his thumb to never step on your property again and scared for life.

Two problems solved.

LOL. You got there first. Mohill was the first thing popped into my head as well.

Iowanian
05-13-2010, 07:49 AM
Walnut trees are not worth $1200.
Unless he is selling hunting rights, he's not making any money and they aren't hurting anything.

Any money he is making, should probably be going to your grandfather, and he's a prick if it isn't.

Speaking as the oldest grandson, when it comes to property, money and whatnot, we have to know our role. You don't have any say in that property until/unless your grandfather grants ownership to you.

Send the uncle an invoice for your time cleaning up his messes in the past.

The other siblings should get on the same page and confront him and express their wishes in a united front. If that doesn't work, put up trespassing signs and press charges....but you're not there to know when he is trespassing.

e_train69
05-13-2010, 08:33 AM
I will come up and keep an eye on it during deer season.

Stryker
05-13-2010, 08:41 AM
Have you considered the ED-209 model?


http://www.virginmedia.com/images/robocop-431x300.jpg

My thoughts exactly! ROFL

YOU HAVE 10 SECONDS TO COMPLY!

Chiefnj2
05-13-2010, 09:17 AM
If he cut down trees to sell them, you can file a civil action alleging conversion.

Mr. Laz
05-13-2010, 09:22 AM
Put up some posted signs to start. Then tell him. Then call the police when he trespasses.

this ... put up signs everywhere saying "no trespassing"


then contact local authorities and explain the situation to them and ask them if they can drive by occasionally and keep an eye out. Tell them who your uncle is and even show them a picture of him if you can. Make sure you let them know that he is NOT permitted on the property and you want to press charges if he is found there.

call and tell your uncle that you have notified the cops etc

Buehler445
05-13-2010, 10:17 AM
The other thing is that ig you have the acres in crp, then you (anybody) can't generate revenue from it.
FSA frowns on that pretty heavily.
Posted via Mobile Device

LaChapelle
05-13-2010, 10:21 AM
If you have a picture of the lumber company truck with name on the side
contact them and tell them the situation while paperwork is still fresh
then deduct the lumber sales from the uncles share down the road -even interest

Jenson71
05-13-2010, 10:57 AM
I've tried the Pope costume. It didn't work.

Landmines sound effective, but illegal. Same as me breaking his kneecaps with my Red Lobster bib on.

CRP is renewed yearly. I haven't heard if his specifically is being cut back yet. We also rent out land to his nephew to farm. Maybe 30-40 acres.


Unless he is selling hunting rights, he's not making any money and they aren't hurting anything.

We're also worried about the liability if someone gets hurt hunting or something. Lawyer has told us that's a lawsuit on my grandpa's hands.

Any money he is making, should probably be going to your grandfather, and he's a prick if it isn't.

He's a prick.

Speaking as the oldest grandson, when it comes to property, money and whatnot, we have to know our role. You don't have any say in that property until/unless your grandfather grants ownership to you.

Right. I don't pretend to have any real role, except helping my mom out, who has power-of-attorney.

Send the uncle an invoice for your time cleaning up his messes in the past.

I will suggest this.

The other siblings should get on the same page and confront him and express their wishes in a united front. If that doesn't work, put up trespassing signs and press charges....but you're not there to know when he is trespassing.

He doesn't care about the other siblings.

We have put up trespassing signs. Haven't worked. You got the problem -- we aren't there to know when he is trespassing. We could get the renter involved, we could get a neighbor involved, but I don't think we want to.

Amnorix
05-13-2010, 11:39 AM
We have put up trespassing signs. Haven't worked. You got the problem -- we aren't there to know when he is trespassing. We could get the renter involved, we could get a neighbor involved, but I don't think we want to.

Can you get your grandpa to call him and tell him to stop being a jackass because he's going to write him right the hell out of the will if he doesn't.

Seriously, your options are limited. Gramps can't do it himself, and no one can do it for him. You can't sell the land, but he can't watch over it. There's no easy solution here if your uncle is bound and determine to be an a-hole about it.

If there is a wall/fence and only a few points of egress, then you can put in a gate with a lock.

Keep in mind that trespass is both a civil and a criminal violation, IIRC. The cops can arrest him (but won't) for criminal trespass, but they'll at least speak with him. You can also sue him if he steals stuff or commits vandalism. Trespass, conversion, etc.

Fish
05-13-2010, 11:49 AM
Have you considered removing one of his feet? That would likely do the trick.

Sure-Oz
05-13-2010, 12:07 PM
I like the whole 'get off my lawn' idea

Garcia Bronco
05-13-2010, 12:11 PM
My grandpa still wants the farm, though. And all the kids (there are 6) have some ideas about what to do with it. And I want it, too.

The lumber thing is really bad, though. Some of those walnut trees can sell for $1200. One time my mom and I drove out to the farm and saw an entire operation going down. There were probably 10 trees down, and some had already been cut up into boards. That's potentially $12,000 just being taken.

So we took pictures of it all. I don't know if my mom's done anything with them since except maybe give them to my grandpa's lawyer.

The ditches are on the farm (not on roads leading to farm), but I think the DNR can come in and issue fines for littering if it's near creek water, which it is.

then she has evidence. Take him to court for the money(this will cost you money) and have him arrested.

FishingRod
05-13-2010, 03:04 PM
Call this guy

rbf
05-13-2010, 04:55 PM
I've tried the Pope costume. It didn't work.

Landmines sound effective, but illegal. Same as me breaking his kneecaps with my Red Lobster bib on.

CRP is renewed yearly. I haven't heard if his specifically is being cut back yet. We also rent out land to his nephew to farm. Maybe 30-40 acres.



We're also worried about the liability if someone gets hurt hunting or something. Lawyer has told us that's a lawsuit on my grandpa's hands.


He's a prick.


Right. I don't pretend to have any real role, except helping my mom out, who has power-of-attorney.


I will suggest this.



He doesn't care about the other siblings.

We have put up trespassing signs. Haven't worked. You got the problem -- we aren't there to know when he is trespassing. We could get the renter involved, we could get a neighbor involved, but I don't think we want to.
What part of Iowa is this in? More of us up here than U probably think. And we don't much care for someone who picks on someone who can't defend themselves...like your Grandpa.

Demonpenz
05-13-2010, 05:01 PM
schedule a chiefs browns game

Chiefs Rool
05-13-2010, 05:04 PM
I have to say get the police involved, if they won't help then I don't think building a gate around a farm is gonna help too much. Anybody can get around a gate and may be expensive for ya. Get some guard dogs there if there is anyone that can care for them.

Chiefs Rool
05-13-2010, 05:06 PM
if you think you can take him, maybe a good old-fashioned ass whooping might do the trick.