Trespass prosecution

I took off early from work yesterday and filed trespassing charges against my neighbor. The deputy taking the report was interested and attentive. He also said that if it makes it to court that I would have to prove that where they were standing is indeed my property.
Since I was already in the county I went down to the farm and noticed some new surveyors ribbon where the pins would be, so I figured they had their place surveyed. I pulled my camera cards and found pictures of Stewart, the property owner, his 30 year old son (big guy with the beard and beer in his hand) and another bearded guy with what looks like a measuring tape with him.
First off the pictures are Sunday morning at 9:30. Are there any surveyors out there that work on Sunday ?
Second, would the tape measure be something a surveyor would use ?
I'm thinking their so called "surveyor" is a friend of their son.
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OkieKubota said:
You don't survey with a tape measure...

What is the building in the background of the photo?
Click to expand...
That is a shed that belongs to the neighbors that are trespassing. The property line as I know it passes between that building and the tree with the purple tape on it.
 
OkieKubota said:
You don't survey with a tape measure...

What is the building in the background of the photo?
Click to expand...
We didn't survey with 1 but I did locate every pin on my property with one of 12 acres after we found the first corner pin

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Jeff H said:
I took off early from work yesterday and filed trespassing charges against my neighbor. The deputy taking the report was interested and attentive. He also said that if it makes it to court that I would have to prove that where they were standing is indeed my property.
Since I was already in the county I went down to the farm and noticed some new surveyors ribbon where the pins would be, so I figured they had their place surveyed. I pulled my camera cards and found pictures of Stewart, the property owner, his 30 year old son (big guy with the beard and beer in his hand) and another bearded guy with what looks like a measuring tape with him.
First off the pictures are Sunday morning at 9:30. Are there any surveyors out there that work on Sunday ?
Second, would the tape measure be something a surveyor would use ?
I'm thinking their so called "surveyor" is a friend of their son.
View attachment 9175
View attachment 9176
Click to expand...
The only surveyors that work on Sunday are the ones that are doing favors for people that they know.

Typically we as surveyors use the 100'-300' reel style tapes for recon when trying to locate and find boundary corners. It's something that the old school land surveyors still use that typically only do boundary surveys.
 
Jeff H said:
I took off early from work yesterday and filed trespassing charges against my neighbor. The deputy taking the report was interested and attentive. He also said that if it makes it to court that I would have to prove that where they were standing is indeed my property.
Since I was already in the county I went down to the farm and noticed some new surveyors ribbon where the pins would be, so I figured they had their place surveyed. I pulled my camera cards and found pictures of Stewart, the property owner, his 30 year old son (big guy with the beard and beer in his hand) and another bearded guy with what looks like a measuring tape with him.
First off the pictures are Sunday morning at 9:30. Are there any surveyors out there that work on Sunday ?
Second, would the tape measure be something a surveyor would use ?
I'm thinking their so called "surveyor" is a friend of their son.
View attachment 9175
View attachment 9176
Click to expand...
Damn I'm getting more pissed. Kinda doubt they are gonna spend money on a legitimate surveyor based on all you have shared so far. Sorry you have this crap going on. I think you are simply going to have to solve the issue with 4 strands of barbed and elecltric topper. Good luck.
 
If my neighbors were checking their lines and zig zagging back and forth over the marked line, I wouldn't give it a second thought. I am extremely careful about intruding on others property but still when cleaning up signs and remarking boundaries I catch myself on the wrong side of the signs sometimes. The growth is just so thick that visibility is reduced to a few feet in places that haven't been marked or sprayed in a while.
This crew though looks to be testing your resolve. They appear to be intentionally letting you know they are aware of your camera.
Target shooting towards your property without any backstop is likely another bullying attempt on their part and is real cause for concern and action.

I think it is an excellent idea to always have a camera there especially a dummy one with another one hidden better doing the real watching. If you just plain took the camera down, then they have gained another inch and will be on their way to the proverbial mile. It's terrible that some people need to be taught about respecting property lines and the safety of others at their age but that is just what it looks like needs to happen in this case. Best of luck to you with the trespassing charges.
 
dogghr said:
Damn I'm getting more pissed. Kinda doubt they are gonna spend money on a legitimate surveyor based on all you have shared so far. Sorry you have this crap going on. I think you are simply going to have to solve the issue with 4 strands of barbed and elecltric topper. Good luck.
Click to expand...
Yeah, I thought of that. Only problem is I would put the fence where I know the line to be or have it surveyed. I'll bet dollars to donuts they would claim that my survey was skewed or that I paid the surveyor to put it where I wanted it. With the pins marked as they are even the guy with his underwear showing can see that the line is east of my road. If they pay for a survey and find the line east of my road they may actually accept the outcome.
 
Fence is expensive and does little to keep 2 legged animals out (just the honest ones). Will money be better spent on lawyers? Not sure what the answer is but good luck to you.

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Chainsaw said:
If my neighbors were checking their lines and zig zagging back and forth over the marked line, I wouldn't give it a second thought. I am extremely careful about intruding on others property but still when cleaning up signs and remarking boundaries I catch myself on the wrong side of the signs sometimes. The growth is just so thick that visibility is reduced to a few feet in places that haven't been marked or sprayed in a while.
This crew though looks to be testing your resolve. They appear to be intentionally letting you know they are aware of your camera.
Target shooting towards your property without any backstop is likely another bullying attempt on their part and is real cause for concern and action.

I think it is an excellent idea to always have a camera there especially a dummy one with another one hidden better doing the real watching. If you just plain took the camera down, then they have gained another inch and will be on their way to the proverbial mile. It's terrible that some people need to be taught about respecting property lines and the safety of others at their age but that is just what it looks like needs to happen in this case. Best of luck to you with the trespassing charges.
Click to expand...
Thanks chainsaw. I always appreciate your perspective. I have no issue with them being 4,5 ft on my side if they are trying to find the line. Problem is they think they own my road and are constantly walking up and down it because they THINK it's theirs. It's that arrogance that I take issue with.
 
Just for another opinion that tape is a surveyor type tape. Surveying on Sunday, gotta make hay while the sun shines, although I agree it's more likely a friend doing a favor.

I'm not a surveyor, but work in the biz. In Kentucky at least, neither your survey or theirs can settle a dispute, each surveyor can only demonstrate their interpretation of physical and recorded evidence. Ultimately only a judge can rule.

Hate that you are having to deal with this but sounds like you are doing everything right. Decoy camera a good idea.
 
You'd probably be well served talking to a lawyer experienced in litigating boundary disputes.... Shithead neighbors generaly won't stop until the consequences force them to. Been there done that. Of course, it means you have to worry about retaliation.
 
catscratch said:
Fence is expensive and does little to keep 2 legged animals out (just the honest ones). Will money be better spent on lawyers? Not sure what the answer is but good luck to you.

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Click to expand...
Fence Works real well on our place...to date the absolute best money I have spent on the property...not only have no people issues but no longer have wandering livestock issues either...
 
If your land is in the state of Missouri ...and your road has been in place correctly Or incorrectly for "X" amount of time (I think 7 or 10 years) ...and in that period there is no documented evidence of dispute of the road's placement or construction ...the judge EVERY TIME will grant the road to be yours to use unencumbered ...even if it is right up the middle of his property ....period! ...same goes with a fence ...which we learned the hardway ...bought 240AC from an absentee widow/owner ....before purchase had it surveyed ...the south line(all big timber} had been moved over OUR WAY via fence by 75' ...so bad the surveyor ...for no charge(to satisfy himself?) came in from a different start point and was 7/8" off ...so to our lawyer and he "esplains" Missouri's boundry laws to us ...turns out the lady was widowed 18 years ago(at the time of our purchase) and I know the guy upon the male boundry neighbor's death immediately threw up this/his land grab fence ...but what goes around comes around ...the cheap skate did not use steel,treated or cedar posts ...and evidently it was not even new wire ....now the land grabber has been sick ...become absentee so to speak ...the posts have all rotted off (for real) the wire has been on the ground rotten with rust and become a hazard to man and beast ...being the conservation minded folks our clan is ...that whole rotten mess has been cleaned up rotted posts.snaring wire and all and for safety placed in a wash with 10 feet of dirt and rock over it ...now gleaming green and white heavy steel posts with large PVC caps adorn that south property line with very deep steel pins between the posts!

Bear
 
When I bought my farm I posted it clearly with "No Trespassing" signs, I had a few out already because I had leased the place for a few years first.

A few months after buying it and digging ponds I was there with my oldest son checking out one of the ponds when the neighbor from down the road came driving down my lane that has a sign on each side. He got off his little tractor and came huffing up to us blowing about what a bad neighbor I was for posting my land and that I better not trespass on him and if I shot a deer or goose that fell on his property to leave it lay!
I looked at him and said... "you do realize you just drove past TWO no trespassing signs to tell me not to trespass and that you don't like me posting my own ground?" He looked at me like the idiot he is and I followed up with if he shoots a deer that runs onto my property call me and WE can get it together and that I bought the property just for hunting. He stammered around took down my phone number and left....WHAT A TOOL! He is lucky he caught me on a good day.
 
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