Thieving Neighbor

[MichaelNEIowa]

I bought my farm almost 5 years ago from a fella who was born and raised on the farm. He and his wife have a place across the road.

One of my neighbors caught their son (mid 40"s) on my land today, taking an old implement that he claims was left behind. Had they asked first, I"d have gladly given them what ever old piece of junk they were after. However, they didn"t ask. They trespassed on the sly and when my neighbor confronted them, they got pretty uppity about it.

This, by the way, is the third time that either he or his dad have trespassed when I wasn"t home. Up to now, I haven"t said anything because I want to get along. The trespassing has to stop.

What would you do?

Get attorney involved? Sheriff?

 

[Anonymous-0]

You could ask the police for advice. Maybe if they just showed up and calmly told them they could be charged for trespassing it would stop. I'd have liked to get a few things I left on my acreage when I sold it but the parents of the buyers were real jerks so I didn't bother. First they said I could keep some stuff in the garage for up to a month. Then they said that they wouldn't allow me on the property after they took possession. I quickly took all the stuff out of the garage and because I didn't have enough time left some non essential stuff. I had a bunch of scrap and good steel I could have used or sold for scrap and some good 45 gal. drums and other stuff as well. I agree if it was a friendly buy/sell and they asked, by all means let them take any old stuff you hadn't expected with the purchase. If they help themselfs who's word is it if they take something of yours and say it was theirs? Do you get along with them? The seller of my current property won't get any favors from me after saying he'd get the county to improve the road and I ended up paying a portion of it on top of building the approach which is supposed to be the sellers responsibility. Tough call but I think someone needs to talk to them. Hopefully they will understand why you're upset and then you can get along. Good neighbors aren't always easy to find but the benefits are endless. In my case I've got equipment that I could do a lot of work with, that I wouldn't charge anything for. Hope this helps. Good Luck. Dave

 

[ILikeCase]

If my neighbors come on to my place so help me...................they had better be bringing the beer and sausage. After all I furnish the chairs and the cheeseYep, good neighbors abound.

 

[rick in sc]

If each time the trespassing has occured the neighbors claim to be looking for something they left behind, give them the opportunity to come over and get all they left behind. After this, if they trespass again, call the sheriff.

 

[Anonymous-0]

After 5 years anything on the place is yours,what type of good neighbor thinks other wise.Old farm equipment is worth something to collectors even if it is junk to you.Put up trespassing signs and put your name on them. Honest people will stay out the others can pay if caught.

 

[El Toro]

I would have a talk with them about coming on your property to recover items they should've removed before settlement. If they get snotty
and think they can do what they want to I would talk to your local law enforcement agency. This won't cost you and I would send them a letter by registered mail telling them you are seeking legal action if this trespassing doesn't stop. I would install security cameras around the area to record when no one is home. They might get spiteful. Hal

 

[Anonymous-0]

I'd get rid of all the old equipment at an auction somewhere and then they would not have a reason to come on your place. Load it up and get rid of it. Sounds like it's old and useless ro you anyway.!!!!!!!

 

[Anonymous-0]

5 years ago ? Sounds more like a theft then a simple trespass.
Call the local sheriff, tell him exactly what you told us, and ask if a PATROL CAN SWING BY YOUR PLACE AND YOUR NEIGHBOR'S. You don't necesarily have to sign a complaint, but watch how the uniformed presence will make a difference.

I know, having made many trespassing arrests and responding to hundreds of tresspassing complaints, mostly hunting related.

In the meantime, a report wil have been filed & on record and you'll feel better.....

 

[Coloken]

Oh come on now. Are the neibours supposed to guess your thoughts? Talk to them. Do like El toro says---go to him and say..

whats this coming on my place? I don't like it

You say ir yours? why didn't you come to me first?

Is there any more stuff you claim? If so get it and stay off.

 

[Lanse]

If it were junk to me, I'd let them haveit. Have it not take it. I'd tell them if it happens again I would call the sherrif, and then I would have all that junk hauled off before they could waltz on over and take it. But if they had asked.....

 

[Stinky Cheese]

Sometimes there are 2 sides to a story, would be interesting to hear both. Maybe the sheriff could talk to everyone and get back to us.

I know that neighbors can be thiefs, but neighbors can be asholes too.

 

[MarkB_MI]

Ya gotta talk to them. Law enforcement does not like to get involved in what they consider to be a simple dispute between neighbors.

Make it very clear that their trespassing is unacceptable and that you will contact the sheriff if it continues. If you don't want their stuff, tell them that they have a week to either remove it or pay you for storing it. If they don't do either one, then consider the stuff yours and report them if any of it disappears.

If you actually want their junk, then tell them that you're taking it for storage and give them a price for which they can buy it back.

 

[rrlund]

Believe I'd just politely ask them if there was anything else that they left behind that they want to get now. Wouldn't get cocky about it,just hope that they get the message from it.

 

[Anonymous-0]

I'm no lawyer but I did buy a farm and I believe it was clear at the closing that anything in the house or on the property at the time of closing was property of the new owner unless some arrangement was agreed upon otherwise. So I think the stuff is yours unless you said anything to the contrary when you dealt for the place. You need to ask them what they consider to be still theirs and then why. If you can't agree then you will need to write something up that advises them that you consider what they are doing is theft.

 

[jim johnson]

Have a talk then put a lock on your gate.

End of problem!

But by coming on here to ask I don't believe so.

Jim

 

[MichaelNEIowa]

I have cattle gates closed and chained at the end of my driveway (to keep in livestock). I have no trespassing signs posted also.

The point is that they have my number and they could have called me and asked for the item. My neighbor caught them in the act and they got in his face about it.

To take this particular item, he had to snoop around my farm to even find it.

One other time, he and his son came and took old lumber and another he dug a bunch of limestone rocks out of my pasture.

 

[Walt Davies]

Lets see they took an old piece of junk that was in your way and rocks from your pasture that you wanted out anyway so what's the problem. Man does you a favor thank him.
Walt

 

[Tradititonal Farmer]

Walt you have way too much common sense for this day and time!

 

[Matt Kane]

I"ll second Alan. Get rid of all the stuff so they don"t have a reason to come back. I bought our parents home, which was my grandmothers before mom and dad. The was stuff here that my uncle owned 20 to 30 years ago. When we bought the farm, there was some stuff of his in the barn. He had 20+ years to get it off the property. Well if I would let him take one thing, his alcoholic a&& would be coming back for more and more. Well to make a story short, I ------ in his cherios and crushed everything he had out here and took it to the scrapyard. He hates me and thats fine, but he has no need to come around here anymore. He has had plenty of time. Some people will get taken advantage of, so if it takes being the bad one, oh well. You do what you have to do. Its your property.

 

[730 virgil]

5 years!? he stole your stuff! if he didn't want it when he sold you the farm he has no claim to it now.
any real estate deal i've been involved in states any thing you want has to been off of premises before papers are signed. otherwise belongs to new owner. that includes their junk. it was to be removed before closing but i didn't see some of their junk had been left behind so i got to get rid of it.
i went to lawyer and he told me yes it is wrong but by the time you get done with court process it will be cheaper to take care of it yourself.

 

[Walt Davies]

BUMMER

 

[MichaelNEIowa]

What this guy did was trespassing, and theft.

Where will it stop? The point is, he had no right to come on my land and take anything without prior permission.

 

[Anonymous-0]

Don't EVEN get me started on someone stealing rocks..........

 

[Paul from MN]

Michael,

I am suprised at many of the responses you have gotten.

Anything on the land when you purchased it is yours. The only expecption would be items that were specifically identified in the purchase agreement. (I doubt that they would have identified something as not being part of the sale and left it for FIVE years) So if it is on your land it is yours.

I don't care if it is a piece of junk that you'd like to have someone haul away. Anybody who wants it needs to ask you for it. How else would the know you don't want it?

 

[MichaelNEIowa]

Yeah, I was surprised by how many felt it was okay for the former owners to keep coming back time and again without permission.

Unbelievable.

I had my attorney send them a letter. Hopefully this will stop it. Otherwise, the Sheriff is going to be the next call.

 

[JK-NY]

Other than these incidents, would you consider them good neighbors you want to get along with ? If so involving the sherriff, lawyer, or any confrontational type warning might damage such a rerlationship. If they are good neighbors I would go over and talk to them .If they are decent people they should respect your wishes , and you could make it clear if they want anything else all they need to do is ask. If they are not the best of neoghbors and/or you dont get along ,I would give them the same message , just a little firmer or you could send the sheriff if needed. I would just keep in mind you may be neighbors a long time so dont overreact. It is hard to advise on a matter like this with knowing the whole situation.

 

[James White]

IMHO after 5 years its just plain theft! However, just to be nice I'd ask him if theres anything else he "left behind". If not hes welcome when your home. Otherwise sign a warrant on him. In response to those who say its just junk; that "junk" is worth hard cash to someone who hauls junk for a living.

 

[Anonymous-0]

Sounds like they still feel they own part of "Your" land.Got a neigbor like that myself.
As other folks have said, their still your neigbors and you don't want to cause too much stink ,I would talk to them yourself ,leave the law out of it.That will only create more bad feelings.
Now if they start getting up in your face do what ya gotta do.
But 5 years ,,they know you own the stuff on that land and any bull they hand you is just that.If they had any respect they would have already have asked you for permission to come on your land, let allone take "Anything"..
But bringing in the cops,well nothing good would come from that..and if you got a big ol Dog you could take with ya when you talk to them ,,that might help
Phil

 

[WantACaseLASomeday]

Retired policman here - over 20 years service and have moved on to a desk job. You indicated they got uppity which takes care of the thought of talking it over with them. If they are uppity then you have no chance to negotiate.

There is a difference between being a good neighbor, which is based on mutual respect, and being a doormat. You do not have to allow people steal from you in order to be a good neighbor.

The stuff is yours regardless of value. In some parts of the country that limestone is worth quite a lot for landscaping and there are folks here who carve custom yard art from rocks and get big bucks.

But more important than the money value is the idea that it's your farm! Call the sheriff and get the implement back, even if you don't really want it - you should take a stand.