Attorney needed

[Archerysniper]

Well it seems that my new nieghbor really liked the use of my feild road while I gave him permission to use it for agricultural use so much that when he started hualing tandem dump trucks of dirt out for the pond he was digging and ruining my driveway, my wife and other neighbor blocked the driveway with metal fence posts and he pulled them out and went through they put the posts back in and he pulled them and took them with him since I was out of town moose hunting my wife called my uncle and he came over and blocked the road with his truck then the new neighbor came over on the 4 wheeler ripped through the yard up to my house and precedded to yell at and berate my wife so much that she called the sherriffs department twice and was told it was a civil matter and not criminal so they would not come out, finally she got me on the phone when I was on my way home from hunting and he was still their and I talked to him on the phone in a very nice way I I told him to stay the xxxx off my land and don't ever talk to my wife that way or their will be problems. Well now he filled a petition to the town ship to declare my driveway-feild road a cartway and says his land has no access to a road when he owns 2 40 acre chunks in 2 diffrent names and each one has their own 33 foot easement recorded with the county. My problem is I don't want my driveway to be a cartway he allready accesses his north 40 form his south 40 and house were he has an easement to both properties. Anyone now any real estate attorneys that specialize in cartways or anyother legal advise would certainly help.

[propster]

I'm of no help but he sounds like a dirt bag. Good luck with him.

[Esox_Magnum]

Wait till he goes in, park a big tractor across the drive, lock it and go on vacation. Call the Sherrif and report a trespasser as you drive away.

[ddsbyday]

Move!!! Went through the same battle 12 years ago. Only difference was that it was already a cartway. It went to criminal court. The DNR did not want to deal with the guy. He was running a gravel pit off of a cartway and then proceeded to turn it into a 30 ft. wide road. Criminal court(guilty) because we video taped him. Lied in court. Video lost the case for him. Document everything. Every phone call every conversation. We won the case, went to every council meeting. If he gets the cartway he will want the road wider so that emergency vehicles could get in quickly. The 4 lane highway is soon to come.

[harvey lee]

A friend of mine has been battling a case like this in ND for years. The state says the road is his but his deed does not show that. The county, state or township will not maintain the road nor will they sign off that the road is his on paper. The minute he does the needed repairs, the state for sure will come back and say its theirs.

Now with the floods this spring, part of the road was washed into the river so no one can now use it at all. He is building a new road for himself through the woods.

Total pain and alot of dollars to attornies over the years with nothing ever resolved.

[Ryan_V]

Post "no tresspassing" sign on your property, then it becomes a criminal matter. You also need to document that you revoked your permission for him to use the road (if it is in fact your private property). the trespass statute in mn is specific that it has to be posted or you have to have told him to stay off. the posting of the signs is the better way to go, IMO. but if you do both, a judge will see your side better.

[Ed Carlson]

Make it into a toll road and post it as such, if it's yours.

Make it unfordable and inconvenient for him to use without paying. Then if he does not pay it again is a criminal matter, theft of services and trespassing.

I'm no authority on this, but it may get your point across to him?

[Tom7227]

The title of your thread hits the nail on the head. You need a lawyer. Your best move is to hire a local lawyer - they know the players and can usually get things done fairly efficiently. The real question is what sort of legal right does the guy have to access the land. Property titles need to be checked out and compared to actual uses, facts regarding access rights etc. Once you have your legal position defined you'll have a better idea on a course of action. In my experience confrontation is usually a poor choice, and it's a dman foolish choice if you don't know exactly what your rights are. Once you get them defined thet local law enforcement types may be more helpful with issues like citations for tresspass. The local lawyer may even be able to help with that.

Get the local phone book and get the names of the lawyers up there and then ask around, maybe even at the county registrar of deeds office, on which lawyers on your list know propery law and are competent.

[Scott K]

Was there an easement written in when he bought the land, that he can use your land as access? If so, I would recommend just talking to the guy, and tell him that he needs to share responsibilities of upkeep to it, and treat it with care. If there wasn't an easement written when he bought the land, then he has no legal right to use your land to access his, but the neighborly thing to do is to offer him access if he treads lightly on your land, and helps with upkeep of the section he uses, then allow him access.

[Archerysniper]

I did allow him to use the road to be neighborly when he first moved in 2 years ago but after the way he yelled at my wife the way he did and she had never met him and didn't know who he was that is when I told him he no longer has permission to use the road and if he comes back it is criminal tresspass. When he first bought the land 2 years ago he brought over easement paper work he had his attorney write so he would have a easement on the field road I told him I will not sign anything that will attach to my property but I will give you verbal permission to use it for farming. I still allow the farmer who leases his field to plant and harvest. He is not land locked he has 2 easements 33 ft for the south 40 33 ft for the north. What I'm guessing is he wants to sell it off as lots or home sites and don't want the traffic coming through by his house I was also told that to develope it he has too have 2 points of entry. But we did record everything that was said and done that day wrote down the times the wife called the sheriffs department took pictures of the road going from his house accross his feild to the 40 acres he says he has no access too that he was driving dump trucks across.

[pinkfloyd4ever]

Yes get an attorney, bring all deeds and stuff to them to save your time.

[Scott K]

I understand. Like I said, if there wasn't an easement written, he has no legal right being on your property. If you tell him he can not be on there, and post private property signs, then you could press for trespassing charges if you see him on there, but I would have pictures of him being on there, before pursuing legal charges of trespassing.

One more thing, most easements are grandfathered in from the previous owner, so if there was one previous to him buying it, it most likely still applies.

[Jackpine Rob]

Tom is spot on here. You need an attorney.

The attorney will need to do some research on the land records to determine ownership, liens, easements, etc., before you can be sure of what you actually own, and what your rights are.

I especially like his advice of seeking local counsel. There is a real benefit in situations such as you describe in dealing with a lawyer who knows the local players.

While we are all entertained with the "legal advice" given on a message board, you rely on such free advice at your peril.

[Ridgerunnr]

If no easement he has no right..go rent a [PoorWordUsage] bob cat or a dozer and eliminate the field road if you can do without it or access the field from a diff area. Its YOUR land, just move some dirt around.

[Justfishing]

You said he took your fence posts. File a theft report. Although it is a small amount it shows that you mean business.

[ottertailguy]

I would just have an attorney sent him a letter telling him to stop crossing your land or you will take further action. Also make it a certified letter that will make him think about it. Plus then you have proof that he was told.

[caseymcq]

... Also make it a certified letter that will make him think about it. Plus then you have proof that he was told.

[Tom7227]

And the sharks know that a certified letter can be refused so if it was really important they would pay someone to serve the doofus.

Retired Shark

[Archerysniper]

Well one of the chair members from the township came over to the house last night to disscuss the issue with me he had spent the day at the court house going over records of my land all the way back to the 1890's to present day will the assesor zoning and county cleark and there is no easement recorded on my property but he did find the easements for the neighbors and said to not let the neighbor through to do anything just put in a gate and lock it and as far as he can see he dosen't have a leg to stand on, he gave me the name of the attorney the the township uses for their land disputes and said to have him come with me to the next months meeting. This was grat news to hear from him since he is one of the chair members that will have to vote either yes or no on the issue.