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Got the sheriff called on me today....

E

Eldon (WA)

Well-known Member
Went to do a little rock removal job for a neighbor. I parked the truck and trailer in the ditch on the opposite side of the road (open hay field) since there wasn't room to park on the other side. 15 minutes later a guy comes driving back to where I was working with my skidsteer. I get out, he comes over and asks if it was my truck and trailer over there. I said it was, then he flies into a tirade about how I am on his property. Says he ran heavy equipment all his life and he is going to get his loader and drag my truck off his property. I said go ahead, I have a right to park along the road...I'll call the sheriff if he wants to get snotty about it. He leaves and about 15 minutes later here comes the sheriff driving by. I finish up and go to load up and the sheriff shows up and stops....I said I bet I know why you are here. He says they had a complaint I was on this guy's property...I said I figured that, as he was a raving lunatic. Anyway, he claims his property went to the power poles...one tire of my dually was beyond the power pole! I said I was leaving anyway, cop says well I have to respond to a complaint......and they say we don't have enough law enforcement to handle property theft in the area!! I googled the land owner and found out he has taken his neighbors to court for land disputes....I wasn't surprised.
 
Oh man.... I thought for sure this was going to have something to do with that "newly legal" leafy green plant they are growing on that side of the border.... :p
 
(quoted from post at 19:28:29 10/18/15) Oh man.... I thought for sure this was going to have something to do with that "newly legal" leafy green plant they are growing on that side of the border.... :p
Click to expand...

No, this is much worse :eek:
 
Eldon,

". . . he claims his property went to the power poles...one tire of my dually was beyond the power pole!"

Normally on a roadside powerline run the power company has a 10 foot easement (5 feet on either side of the pole), so actually your tire would have been on
the power companies easement and NOT on "his" property.


Doc
 
Do utility easements mean the public has unlimited access to the property inside of the easement?
 
Utility power easements are normally ON the property owner's property, and the power poles are normally INSIDE that easement, therefore normally a few feet INSIDE ON the property owner's property. Not on the public road right-of-way. The power company has normally previously paid for and obtained the easement FROM the property owner.
That easement grants the power company the right to enter, install and maintain the poles. The easement DOES NOT grant any other person any right of entry.
Normally, the survey pins [ the property boundary ] would be several feet towards the road from the poles. For a big power line, say 69kv or larger, the property pins could be anywhere from 3' to 10' or 15' inside of where the poles are. If you were inside the poles, you would normally definitely have been on someone else's property.
How far exactly you were up on his property, don't know. If he said you were on his property, he wsa probably right.
 
If I remember correctly in my area you own
and pay taxes to the middle of the road.
The side of the road a person can use only
if to avoid or because of an accident. I
have a neighbor that parks equipment across
the road primarily because his place is so
junked up . It's also useful to know if you
got people who will tear up your road
ditches after you keep them clean and mowed
I had one guy who decided he could park his
grain truck which left deep ruts fun to
mow. On my place we pull off the road into
the field making it less of a traffic
liability.
 
Here property is surveyed to the center of the road and we pay taxes on that land. We own both sides of the road so that amounts to acres for us. The town has a 50' right of way for the road. I would not yell at someone for parking on the shoulder but would ask them to repair any damage as we mow as much as we can with the lawn mower.
 
My total is 3 acres I pay taxes on but can't use. I don't mind somebody using it if they clean up after themselves but unfortunately most don't.
 
He might just be a jerk.

Or, his neighbors might have jerked him around for years, and he is terribly sensitive to the repeated encroachment/ trespass he has endured
upon his property time and time again.

I understand from your point of view what you did was no big deal.

But, seems you were on his property, and even with easements it is still listed as his property, he still likely pays taxes on the ground you were
parked on to the middle of the road.....

Here folks battle over the hay that can be made on the road rights of ways, did you rut up or mat down the grass?

If you were in his shoes, and been knocked down a few times by a hole neighbors, you might act just like him......

All depends on the point of view and past experience. I do understand where you didn't think it was a big deal and often is not.

Myself, I got neighbors I extra combine my beans early one pass along their land so they can get a grain cart back to their end rows, or get their
combine turned around easier. Because they are darn good neighbors and do the same for me.

Other neighbors, I leave the crop until the end, so they don't run over my property and use my land to turn around on and compact the heck out
of my land.... Because they keep taking advantage, and do nothing for me, and try to take more than their side of the property border.

So, what do you walk into what kind of situation is all?

I bet the fella you worked for and the 'crazy neighbor' don't get along, and you walked into the middle of that...... Now, which one is actually
crazy, that would take a lot more review of decades of issues.......

Paul
 
I'd agree with Paul - that guy's probably so P'd Off at his neighbor that he'll do anything to make that
neighbor's life miserable.

He probably saw it as you doing work for that neighbor, and parking on his land to do it.

Some people just never learn how to think. All the know is how to react. Like an on-off switch.
Nothing in between.
 
OK the guy is a jerk for sure,but if its like the road by my house the State has a 35ft
Right-Of-Way which makes it 17 1/2 ft from the middle of the road to the end of the R-O-W
and the county has a law(they strictly enforce) any parked vehicle must have all the wheels off the pavement. So because of the width of the paved road there is nowhere on my road anyone can legally park on the side of the road
without the landowners permission.Also if a vehicle is illegally parked and there is an accident because of it the illegally parked vehicle the owner will be held responsible so the county police say.
Also in my increasingly urban area illegal vehicles and trespassing is a constant problem.
 

Here in New England it can be really difficult to tell where the front boundary of a property is on an old road. The really old roads are "King's grant" roads, where there was either a two or three rod right of way laid out for a road to be put on. When the road got built it would wander back and forth in the ROW depending on obstacles. Then a couple hundred years later it got paved wherever it happened to be. A 60 year resident of my town recently bought at auction what had been a dairy farm almost across the road from me. He told me that when he had it surveyed that it showed that the porch that had been added to the front of the old farm house was in the ROW. Moral of the story: You can't go by the edge of the pavement of an old road.
 


I can kind of sympathize with the crazy guy. My neighbor has an acre carved out of my farm, used to belong to one of the brothers that owned this place. Town road bisects the farm. His friends are big in parking on my lawn, in my driveway, in front of my barn, pretty much anywhere and everywhere. That or they park in the road, (lane and a half), so the milk truck or 10 wheeler dumps run through my yard. It gets to you after 20 years...
 
It used to be you paid taxes to center of road and I say USED TO BE. Not any more you only pay to edge of road rightaway and the power polls all seem to be on road rightaway. And there is not enough right away to be able to make any hay off of and the roadsides are mowed regulary buy either twp, county or state. The only roads to have enough area to be able to do something like that are federal highways and you try to take a tractor on one of them and you would end up in jail. The land owner next to a road has no say on what is on the rightaway unless you are parked across a driveway blocking it.
 
Perfect timing, Halloween is right around the corner! Take a old beat-up lawn tractor and park it there one night. Or drop off a load of old tires.
 

Around here, not much of a way to park off the road, ditch is too steep, no shoulder, gravel road, neighbors are miles away anyway, driveway and place is a 1/4 mile plus away from the road, wouldn't care if someone did need to park. I was told taxes here are paid 1/2 way into the ditch. And as the landowner we are required by law to mow along the road ditch twice a year or they mow and it gets added to taxes, they put notices in the paper every year.
 
It's often less hassle to just ask the customer where to park. He knows his property and his neighbors better than I do. It sounds like you took a chance and got burned.
 
Actually, the property owner still owns all the property of an easement. The easement is only for the power companies access to the property, and the power company is obligated to clean up after themselves.
 
If only we had a King to overthrow today, instead we have a massive bloated bureaucracy that can't be killed.
 
I bought a folding boat and trolling motor at an estate sale. Went to test it on a local mill pond before selling ot, looking for leaks and testing how longnit runs on a charge.. The local group that maintains the small park on one side placed "no outboard motors" signage, but comittee members told me it is unenforceable as they only control a small bit of land. A guy fishing start yelling at me, gonna call the cops. He did. Sheriff shows up, says hi to me and hauls the guy off for being drunk in public.
 
So...are you saying because you disagree with the guy or because you have a low opinion of him you had the right to trespass on his property?

It sounds like you made a simple mistake, why not own up to it instead of blaming the land owner?
 
To me that says in your state if someone infringes on your property then run them off
immediately before they lay claim to it,which is exactly what your 'friend' did.
 
(quoted from post at 11:19:26 10/19/15) To me that says in your state if someone infringes on your property then run them off
immediately before they lay claim to it,which is exactly what your 'friend' did.
Click to expand...

To me this says this guy has a temper problem.....exactly what I assumed after his mini tirade yesterday. That's why I did a little investigatin on him....nice to know where they live and what they are like. Geesh, all I did was park next to a hayfield, no house, left no tracks...I've done it for many jobs over the years. Guess I have been lucky.
 
(quoted from post at 11:12:14 10/19/15) So...are you saying because you disagree with the guy or because you have a low opinion of him you had the right to trespass on his property?

It sounds like you made a simple mistake, why not own up to it instead of blaming the land owner?
Click to expand...

I didn't have a low opinion of him until his little tirade after I told him I was just there for a few more minutes. He wouldn't let me get a word in edgewise to even let me say I'd move my truck...so I got on the defensive. The sheriff wouldn't even say if I did anything wrong...
 
Return the favor. Wait a few months, then call the tip line and report that the guy is growing dope.

Gene

And yes, I am just kidding, so dont yell at me.

Gene
 
(quoted from post at 13:17:51 10/19/15) Return the favor. Wait a few months, then call the tip line and report that the guy is growing dope.

Gene

And yes, I am just kidding, so dont yell at me.

Gene
Click to expand...

If you saw this guy you would see you aren't too far off....short guy, big fluffy beard, couple of teeth missing...I thought he lived in Idaho at first :D
 
Eldon (WA)- If I understand you correctly, then it would be okay for me to hunt on your property
if you have a high tension/voltage power line traversing your property?

If the power company has an easement and I pay my power bill then I can use the easement. Around
here the power line and underground crude lines are around 50 tards wide and run for miles.

Would it be okay for me to hunt those easements without your permission?

Thanks
 
Reading that link I can see why the guy was PO'd. Neighbor built a barn on his property and then demanded an easement to get to the barn. I suspect there's other grievances too.

No respect at all for his property rights; what goes around comes around.
 
(quoted from post at 15:15:59 10/19/15) Eldon (WA)- If I understand you correctly, then it would be okay for me to hunt on your property
if you have a high tension/voltage power line traversing your property?

If the power company has an easement and I pay my power bill then I can use the easement. Around
here the power line and underground crude lines are around 50 tards wide and run for miles.

Would it be okay for me to hunt those easements without your permission?

Thanks
Click to expand...

Where did hunting come into anything I said or did?? Geesh. The complaint was that I was beyond the power pole...the point is it was one tire and a waste of law enforcement time, that's it. I have people parking all the time on my side of the road, in fact there is a car there at this very moment. I sure don't go get in their face about it, let alone call the sheriff. That is my point!
 

Eldon (WA)-Please don't take my input the wrong way. I have always enjoyed your posts and pics of your different crops.

Why I brought up 'Hunting' on an easement was...I was replying to your reasoning that 'since it's a "easement", you can legally park there.

Therefore, in my understanding, if you consider said property which is allocated as 'easement' to justify you parking on property legally. Then, why couldn't I use your same reasoning to justify me 'hunting' on "easements" crossing your property.

I hope I made sense! LOL!

Just providing my point of view.
 
Pardon me.....
I have to butt in here......
I made a few observations after reading through this thread.

1) There are as many different opinions about t6his incident as there are posters.

2) This whole thing had NOTHING to do with hunting.

3) Also had NOTHING to do with right of way, who pays taxes on what, or any of the rest of that outhouse lawyer mumbo jumbo.
4) IF you had indeed infringed on his perceived property, he had the legal right to ask you to move off his property. He did have the right to throw a hissy fit over it, but it tags him as a bit of a lunatic.
5) Calling the sheriff was a bit over the top. All in all, whatever was bugging the guy, he could have asked you nicely to move. You might have responded in kind and apologized for being on his land. Mother always said that you'll catch more flies with sugar than you will with vinegar.

6) Lastly, property rights, right of way, and amount of taxable land will vary from state to state, county to county, and even township to township. So, what is the law in Massachusetts may not apply in Indiana. So, why bring it up??? Every locality has their little quirks. Those in my town are most likely different than those in your town. {{{{{{{sigh}}}}}}}}}}
 
I kind of like the idea of .."kicking him in the balls"...myself...lol :shock: Bet that would have settled him down pretty quick, the parking on the side of the road would have become secondary real real quick! :D
 
(quoted from post at 16:19:46 10/19/15) Reading that link I can see why the guy was PO'd. Neighbor built a barn on his property and then demanded an easement to get to the barn. I suspect there's other grievances too.

No respect at all for his property rights; what goes around comes around.
Click to expand...

What the case doesn't tell you is how the property is set up. Somewhere down the line, the former Hanson property owners granted the former Estell property owners the 15x 3xx foot easement in order to access the property behind them. They evidently measured to the nw corner of the old barn for the legal property description. The barn was cocked a little out of square and the sw corner was actually further west than the nw corner...which was later discovered. The Estells knew this when they bought the back lot, and also that the barn doors were off of their granted easement. They tried to block their access to the barn by building a fence in front of the doors. That is why the judge awarded the Hanson's access through their easement as it had probably been grandfathered in.
 
jimg.allentown- "2) This whole thing had NOTHING to do with hunting.".

You are correct. The post had nothing to do about 'hunting' but, it had to do with the rights of someone(other than the property owner) to use an "EASEMENT" of ROW.

All I was trying to do was put this in another perspective...

i.e.- I have a flat tire, no shoulder to pull off to, only grass but electric/telephone poles are close enough(ROW).

So, the guys place you pull off the road onto... does he have only a 100 foot road frontage and takes care of his yard or is it a guy that a few thousand foot road frontage and just mows the ditch lines every now and then?

"2) This whole thing had NOTHING to do with hunting."- Nope, it did not. I only brought the 'hunting' thing up to use as an example for could be considered as ROW/Easements.

Hey, Eldon says he has a 'right' to park on the side of the road because it is a "easement". So, who are you to say that I can't hunt along the same powerline/easements that may cross his property?
 
Please ignore everything I said in my previous post. That is the most discombobulated thing I have ever read and I am sorry for posting it.
 
The guy needs to take a pill. I rented a farm and was hauling cattle to it, on the last load my helper left the gate open and a couple of cows got over on the neighbor just at dark. We couldn't find them and decided to try the next morning. When I got home the sheriff had already called the house. Me and the sheriff were friends but he said he had to respond to every complaint.
 
(quoted from post at 21:57:06 10/19/15) Please ignore everything I said in my previous post. That is the most discombobulated thing I have ever read and I am sorry for posting it.
Click to expand...

Greg, you are to be admired for being a straight-up enough guy to make your admission, but my view is that there is no issue to what you posted. I believe that some "Stick to the subject" Nazis need to lighten up and ask themselves have they never been in a rambling conversation among acquaintances (or even friends) in a bar, coffee shop, or hunting camp. the subject will just flow from one topic to another.
 
ss55:

Not necessarily; depending on where you live, some easements are DEEDED to the Power Company and the Power Company guarantees access to power to the property owner. (Normally ROADSIDE or BOUNDARY easements).
 
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