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Vandalism or Civil Matter
My neighbor (kubota L2950 owner) does not like me because I fenced off my property from his use (2 years ago). So yesterday he began scraping dirt with his loader and piling it up about 2 feet against my wire fence so it is bulging through the fence and dragging my wire to the ground. The line is clearly marked - I had stakes put in every 50 feet. I put the fence 1 foot inside the line - he knows where the line is.
I called the police and they talked to him - but they say it is a civil matter. It seems to me this is clearly an act of aggression - no different from a kid breaking windows and this should be treated as such. During the day the cops came two more times. Once for the guy putting a bottle of anti-freeze on the pile of dirt to signal he was going to kill our trees (we got a picture - then he ran down and removed the gallon - he admitted to police it was there but said it was just water), then again for shining a million watt spotlight on us while we were walking around the house at 10PM.
Each time he spoke to the cops, he became more aggressive and insisted to the police chief he had a right to hold a spotlight on anyone he wanted - then held it on the chief for a brief second.
So I guess I will be out there today on my tractor to clean up a stone wall. I know the advice from many of you will be to settle this - it can become pretty awful - no way to spend your life. But my belief is that I have a right to use my property without intimidation and I will only come out of here one way - dead.
I don't want to spend lots of money on court, lawyers - I know this is a waste of time. I may just get an estimate on what it costs to clear out - fix fence and go to small claims court. But I think these folks are arrogant because her father is well known in town and may have influence on a judges decision.
I knew this would happen - because we have really cleaned up the property line and planted nice large 6-8 foot spruce trees, made nice lawn, etc. They are steaming because we have developed something nice for our use that they had planned for using to compensate for the fact that they built their house 40 feet from my line (and they have a 4 acre lot).
Any creative ideas are welcome! Except be nicey-nice to a 35 year old punk (I am 52).
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Vandalism or Civil Matter
I have 24 hour videotaped surveillance - I installed it 2 years ago for $2000 from 123cctv.com, great system. $1500 joystick controlled zoom camera and $500 continuous record VCR. I already have some pretty interesting stuff - one policemans's eyes almost popped out his head when I showed him a tape. These police are pretty much useless even when you show them a tape of your neighbor stalking your daughter.
I have a 500 watt light on motion in my backyard - but if this guys wants to hurt my property its pretty difficult to catch at night. Actually he did his damage with the tractor in broad daylight! I was working in the poolyard -heard him running the tractor - but assumed he was on his own side and left him alone (as I always do). He never came within one foot of the fence before in 2 years. We do, however, have it all on videotape. The camera also actually serves to exonerate me and show that I don't harass my neighbor - since he often lies to the police.
An update today - they called police on us! I was trimming lilacs not knowing why the police came to our house. The neighbors said we were calling their son names. We had no idea what was going on! Afterwards we thought about it and we think that they heard us calling our cat "Lucifer". I guess they think Lucifer is what we were calling their son! Apt name, though I must say 
Also the policeman said they (the neighbors) wanted to mediate the situation. I know, secondhand, you think that is a good idea. I don't. I own my property - it is mine -and my right to use it. There is nothing to mediate. I told the cop if the guy leaves me alone on my own property everything will be fine. In fact, I told the cop the neighbor can continue to call me names, try to scare us, but just don't damage my property. Then everything will be fine.
This mediation offer was interesting - I think the neighbors are getting nervous since the husband has actually damaged my property. On the other hand - I didn't trust the cop who came with the offer - this town is crooked and the wife's father has some influence. The guy acted sleazy. The cops who were here yesterday (including the chief) on my behalf seemed to know the neighbor was the problem and spent lots of time talking to him telling him we had the right to walk on our property without harassment. This cop who came today seemed like he came on an informal visit on behalf of the neighbor.
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Vandalism or Civil Matter
Oneace, I like your attitude! I have been thinking tonight. Maybe tomorrow I will call the state troopers and have them review the situation. If they say this is a civil matter, then OK. They are much more professional than the town cops. I will accept their opinion.
I will also probably call family attorney and speak with him about right approach to this. I will ask him about papers that should be filed. Plus I have the feeling that neighbors are setting me up with this mediation thing. The "lone ranger" cop who came over on behalf of the neighbor kept saying "so you won't mediate?" I think we need a registered letter from the attorney stating our position.
Jazak5, you have some good thoughts about the antifreeze. This is all on record. I feel for you with this adverse possession stuff. These are people trying to get something for free that they didn't work for. This is the same as stealing. I have a good friend who is encroaching into a field next to him stating he is going to assume it is his after 7 years. I told him if I was the farmer next to him I would kick his butt and put an old rusty combine machine next to him (or worse) for the next 20 years. This adverse stuff is BS that every realtor learns in class and then uses to harass his neighbor who tries to be decent. No way this stuff should ever happen!
Thanks to all of you - you let me vent, plus you all have great ideas. Thanks to everyone on this post!
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Vandalism or Civil Matter
See pics 19 and 20 for dirt neighbor jammed up against my fence and gallon of antifreeze that neighbor displayed to telegraph message that he would kill my trees.
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Vandalism or Civil Matter
Ha Ha! You both have good thoughts. Ken, I went with a wire fence originally because I didn't know what to expect from this character. I had the feeling he would do something like this someday. So at least I don't have a fortune in the fence like I would have had if I put in a solid panel fence.
I bought the fence at a professional place that has been selling fences for many years. It is really not noticeable from our house and is called a "varmint fence" which is perfect for its use. I wanted something that would bend with the ground easily and the wire stays rust free as you can see and is amazingly tough and hasn't broken. The fence has smaller rectangles as you get closer to the bottom. My wife says I should put a gate somewhere on the fence to let them know I will come on their side anytime to repair the damage they cause.
2ndhand, I had exactly the same thought about just taking the dirt. Actually I would REALLY be angry if he dug dirt away from the fence - he actually brought something of value to me. I want to leave it all there in the meantime for the record. I can also bring the other neighbors on tours down there - it shows everyone just who these folks are - though they have already been written off by most folks in the neighborhood and thats why these neighbors just don't care about anything.
You can see the blue spruce I planted to the right in pic 19. I raised them from seedlings and transplanted them on March 29 this year. I planted about 10 of these along the line and others elsewhere on the property. I am just praying that these folks don't do anything to hurt these trees. They are good for their own property value but these folks are just so pissed that we are back there using our property (that I think they wanted to take using adverse possession) that they might do anything.
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Vandalism or Civil Matter
Dennis, I respect your opinion but respectfully disagree. I think this is a very inobtrusive fence and we (them and us) already planted trees above the shed on both sides. He asked the town for a variance for an 11 foot fence (which we said "no" in the town hall due to the extreme height). The town granted him an 8 foot variance which we agreed to and he was supposed to put the fence up. He never put the fence up apparently because I agreed to it and because I thought it was a good thing. I planted trees on our side of the remaining fence - he did not. He has plenty of money and could clean his side up quickly - but he wants to park his tractor and trucks there and wants us to see them.
This guy is not someone I would waste a lot of money on. I knew he would ultimately destroy whatever I did. I was warned about him when he moved in by a resident in the neighborhood who is a fireman. Even if I didn't like the fence I would never harm someone else's property. I would just screen the fence with my own fence or trees. That is the proper way for any landowner to handle this.
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Vandalism or Civil Matter
Dennis, I will add that I put the same fence up on the line with a neighbor who is a good friend. We asked his permission first and kept it only in the wooded area. The fence is a safety net for my wife since she didn't feel comfortable walking around the property when I wasn't home with that guy living behind us.
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Vandalism or Civil Matter
Funchy - I agree with you. I'm not taking this to courts -not worth my time or money - will go nowhere. I am not retaliating in any way - just waiting to see what the neighbor does next. Hopefully he does not continue on his present course of action. I agree about the bamboo, it is a great solution. I have seen large plots of yellow groove bamboo that grows up here in the north. It is very nice as a barrier.
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Vandalism or Civil Matter
Great ideas - especially no trespassing signs - brokenarrow! 2ndhand, I don't envy your position there in VA. But I think you're the right man to handle the situation. Boomerang - the shed is too close - the town granted an automatic variance to the neighbor over my objections when it was found to be too close.
In the town where I grew up this never would have happened. But here it is "variances r us" and I think these people are connected to an old-boys-network. I had a petition signed by 40 of 44 homeowners in my development stating opposition against variances in our planned development and the town still granted this neighbor all the variances he wanted. The neighbors are clearly in my camp. But the town is in the neighbors camp.
Anyway, I worked with my daughter all day today building a stone wall - bringing up rock along the property line to edge a bank of dirt behind the poolyard. The neighbor left us alone - a good sign. We'll see how long it lasts. But don't worry, I won't have a heart attack over this situation. We'll be out there again tomorrow working away. There's nothing I like more than digging in the dirt all day!
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Vandalism or Civil Matter
Dennis, situation seems very similar. One difference, the original infraction with this guys was on his part - he crossed into my property with his Kubota and began taking my topsoil. He actually dug a 20 foot diameter hole on my property 3 foot deep behind some brush. I resurveyed the line and let the guy off with a warning. It all started from there. After that I had to watch everything he did.
For my wife and me this is the nicest home we will ever have - so we won't be moving anywhere. I am usually the nicest most respectful neighbor you would ever want. I typically ask my neighbors permission to do things I know I can do without their permission. I offer up my tractor to assist neighbors. But the years have toughened me to people like this. Like your neighbor - no one in the development is friends with these people anymore.
Broken, I have now enabled PMs. Sorry about that!
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Vandalism or Civil Matter
Murf, I think you are right. An estimate to clean this up -with hazard pay along with a letter from my attorney is the right course of action here.
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Vandalism or Civil Matter
Annbrush, the cops just came because I had mellow music playing on my deck. They laughed along with us. My wife is tougher than I am. Let me reassure you that I am prepared to die for my property rights. I know that this game is not for the meek and mild. There is no more noble cause than defending your property. I am a farmer's son and have learned about property rights long ago. I have lived my life - my kids are doing great - and I have done my job in life. I will not back off because of what might happen. I have been threatened with my life before. I have had problem neighbors before who are currently licking their wounds.
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Vandalism or Civil Matter
Yooper - I agree that this is his game (try to make me do something illegal). I made the mistake of saying something to him when he previously pushed brush and a burn barrel up against my fence. I guess he figured he'd get a larger reaction from me by piling dirt on the fence.
By my nature, I will not lose my cool. I am not a physical type but I do get angry when I see this stuff happen. I stay on my own property and I follow the law. I try to only use my property as necessary and not to annoy him. The problem is that I am always working on my property to make the place look nicer. My mere presence makes these people angry beyond belief. Also, the fact that his methods generally are not working with me is making him more angry day by day.
The question is how much more damage do I have to sustain with the cops continuing to tell me this is a civil matter?
Will he continue to dump dirt on my fence or "accidentally" start ramming through the fence into my newly planted trees?
I can't believe that people can dump dirt on your fence and then the cops tell you that mediation is the best course of action. I am supposed to make some sort of concession after people begin acting aggressively towards me?
That's why I will persue Murf's recommendations. It will take a while to get estimates, lawyers letter, etc. But I think when my family attorney visits the house and gets wind of this he will know how best to proceed. I do think that this guys is sensitive to cash outflow. Even if I never collect any money (a strong possibility) this guy has been studying the fence lately and I think he knows he might have stretched the limits here.
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Vandalism or Civil Matter
Denwood - Ha Ha! I saw the website which triggered my wife to retrieve the book "The Art of Getting Even" by Gary Brodsky. My book is maybe a little more comical - I should look into your author more closely.
Anyway - I continue to not retaliate, I have just left the dirt hanging on the fence. I spoke with my family attorney, he recommends I just keep recording events with my security camera and maybe get some audio when the guy taunts me. (I had told the neighbor I have 24 hour taped surveillance but I'm not sure he believes me since I have never given anyone my tapes.)
The lawyer recommends I NOT go for the police version of mediation since there I have no need to mediate anything. Getting public officials involved is a bad idea, I will continue to be a law abiding citizen and just watch and wait for this guy to really screw up.
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Vandalism or Civil Matter
Iowafun - what's really fascinating is that the police chief promised they would document these incidents on the police log (even told us that he told the neighbor he would document this stuff). My wife went down to the station yesterday to get a copy of the police log and there was nothing there about the dirt or antifreeze (2 separate incidents and pretty important to have on record).
Seems that someone is looking out for this guy. We have to sign a freedom of information document and wait 30 days to pull a log of anything they reported on us. I am afraid there will be things on the log I didn't do, and many things I reported that are missing. All of a sudden I am envisioning being handcuffed someday for no reason.
Maybe I am just getting paranoid.
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Vandalism or Civil Matter
Thanks for the advice Kyvette - all has been quiet for a couple of days. I spoke with a second attorney here who said the best course of action may be to do nothing for the moment. Let this guy have his little victory - there is no serious monetary damage here (yet). I will, when I get a chance, ask the police to document their visits.
It is too soon for me to bake a cake. Maybe in the future. There could be more than meets the eye in terms of why these neighbors don't want me too close to their house.
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Vandalism or Civil Matter
Broken, ha ha! No - this jerk is crazy enough to do the same back to me. All has been quiet on the neighbor front for the past few days. I hope it continues. Grassgod and Dennis, I agree. I have to keep it cool here and see what happens. I watered my trees tonight, was out there over the weekend. He taunts me but I don't reply. As long as it stays this way I am fine. I just don't want any more damage to my property. As my laywer recommended, I let him have this minor victory. If I put things in perspective I have already won the war.
I don't know if I explained this - but this guy (after he dug across my property line) applied for a variance to build a 2 story addition next to my back line. I fought it for 8 months at town hall, lost in a split vote after the board of appeals changed a member on the board, with 40 of 44 neighbors supporting me with a petition (other 4 were business men who didn't want to ruffle feathers). That is when I took control of my property and this neighbor then built his addition on the other end of the house.
So the addition went where I wanted it and I lost the battle but won the war. So I have to be willing to suffer some indignation. This is a small price to pay for the property value I saved. Hopefully this guy will get over it someday.
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Vandalism or Civil Matter
Hiya Broken! Yeah - I think both the neighbor and us are trying to keep things cool - so there have been no major incidents. Only the usual - him staring at us through the woods, etc which we just to ignore. I have no plans get into another battle with him unless he damages something on my property. I'm sure things will get out of hand sometime soon. I am saving your ideas for the next time
Great news about your new neighbors. I have great neighbors on all other sides of me. One surprise - the nighbor on my west - always throught they were solid - are possibly getting divorced. This husband comes over the other day and tells me he has to choose between love and his 3 kids (8-12 years old)! I couldn't believe it. Found himself another chicky.
Then I go to meet a new neighbor that moved a few houses down from me. I walk up to the wife - shake her hand - and realize its a girl I once dated before I married my wife!! Don't worry - I am too old for any shenanigans. Oh how its a small world!!
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Vandalism or Civil Matter
Just an update. No major problems with my neighbor since he dumped dirt on my fence (with his Kubota - Grrrrr). They called the police on my son one day at 9:45PM for having a pool party with 3 other kids, the volume was low but you can call the police if you hear anything. No big deal - the cops have become our friends. Also - my son leaves for college this coming week - no more kids at home.
He did act up tonight since we were outside walking around our house and watering trees. He doesn't like us even being outside or in their view. Later tonight he starts waving spotlights around inside the house as if he is going to point them on us - just to tease us. (The police informed him last time that he can't hold spotlights directly on us when we are in our yard.)
When he does this we usually go sit at a table in our back yard and have a drink (our back yards adjoin) and survey our property and his house. That is what they don't want - so his wife got him under control before it escalated. That's what we wanted her to do - so then we went to bed.
We want them to understand that if we are in our yard and they bother us - we will just be there longer or closer. It is amazing how thick they are and that its taken 3-4 years for them to just maybe start to understand our message. Unfortunately I know he will snap again sometime.
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Vandalism or Civil Matter
Grassgod, my neighbor has the variance for the 8 foot fence, I don't (6 foot max height here). I could apply for one but instead I have planted lots of 6 foot (and larger) skyrockets, Thuja pines, poplars, maples, blue spruce along the line. May the best trees win!
Due to the lay of the land an 8 foot fence would only help if I was walking right next to the fence. The property line is in the low spot between our houses. I figure in about 5 years I will have pretty good privacy from the trees.
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Gas Generator Weather Protecti
05-28-2005, 08:34 
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