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Thieving Neighbor

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MichaelNEIowa

09-15-2007 23:39:58

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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?

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WantACaseLASomeday

09-18-2007 19:47:01

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Re: Thieving Neighbor in reply to KEH, 09-15-2007 23:39:58

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.

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phil lowe

09-18-2007 16:07:07

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Re: Thieving Neighbor in reply to MichaelNEIowa, 09-15-2007 23:39:58

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

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James White

09-17-2007 18:27:03

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Re: Thieving Neighbor in reply to MichaelNEIowa, 09-15-2007 23:39:58

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.

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JK-NY

09-17-2007 17:49:25

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Re: Thieving Neighbor in reply to MichaelNEIowa, 09-15-2007 23:39:58

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.

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Paul from MN

09-17-2007 09:21:49

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Re: Thieving Neighbor in reply to MichaelNEIowa, 09-15-2007 23:39:58

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?

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MichaelNEIowa

09-17-2007 12:11:52

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Re: Thieving Neighbor in reply to Paul from MN, 09-17-2007 09:21:49

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.

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730virgil

09-16-2007 15:21:34

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Re: Thieving Neighbor in reply to MichaelNEIowa, 09-15-2007 23:39:58

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.

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Walt Davies

09-16-2007 12:23:16

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Re: Thieving Neighbor in reply to MichaelNEIowa, 09-15-2007 23:39:58

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

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MichaelNEIowa

09-16-2007 18:02:50

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Re: Thieving Neighbor in reply to Walt Davies, 09-16-2007 12:23:16

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.

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Tradititonal Farmer

09-16-2007 12:49:06

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Re: Thieving Neighbor in reply to Walt Davies, 09-16-2007 12:23:16

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

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Walt Davies

09-16-2007 15:23:50

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Re: Thieving Neighbor in reply to Tradititonal Farmer, 09-16-2007 12:49:06

BUMMER

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MichaelNEIowa

09-16-2007 09:48:28

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Re: Thieving Neighbor in reply to MichaelNEIowa, 09-15-2007 23:39:58

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.

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Dachshund

09-16-2007 19:00:41

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Re: Thieving Neighbor in reply to MichaelNEIowa, 09-16-2007 09:48:28

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

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Jim Johnson

09-16-2007 08:56:01

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Re: Thieving Neighbor in reply to MichaelNEIowa, 09-15-2007 23:39:58

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

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mjbrown

09-16-2007 08:16:39

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Re: Thieving Neighbor in reply to MichaelNEIowa, 09-15-2007 23:39:58

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.

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rrlund

09-16-2007 08:11:11

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Re: Thieving Neighbor in reply to MichaelNEIowa, 09-15-2007 23:39:58

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.

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MarkB_MI

09-16-2007 07:45:48

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Re: Thieving Neighbor in reply to MichaelNEIowa, 09-15-2007 23:39:58

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.

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Stinky Cheese

09-16-2007 07:05:52

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Re: Thieving Neighbor in reply to MichaelNEIowa, 09-15-2007 23:39:58

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.

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Lanse

09-16-2007 06:42:24

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Re: Thieving Neighbor in reply to MichaelNEIowa, 09-15-2007 23:39:58

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.....

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Coloken

09-16-2007 06:33:50

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Re: Thieving Neighbor in reply to MichaelNEIowa, 09-15-2007 23:39:58

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.

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Kestrel in CT

09-16-2007 06:25:07

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Re: Thieving Neighbor in reply to MichaelNEIowa, 09-15-2007 23:39:58

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.....

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alan bane

09-16-2007 06:19:13

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Re: Thieving Neighbor in reply to MichaelNEIowa, 09-15-2007 23:39:58

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.!!!!! !

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Matt Kane

09-16-2007 12:56:20

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Re: Thieving Neighbor in reply to alan bane, 09-16-2007 06:19:13

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 pissed 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.

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El Toro

09-16-2007 05:04:11

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Re: Thieving Neighbor in reply to MichaelNEIowa, 09-15-2007 23:39:58

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

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Dannie

09-16-2007 05:01:27

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Re: Thieving Neighbor in reply to MichaelNEIowa, 09-15-2007 23:39:58

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.

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rick in sc

09-16-2007 04:02:02

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Re: Thieving Neighbor in reply to MichaelNEIowa, 09-15-2007 23:39:58

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.

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ILikeCase

09-16-2007 00:31:58

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Re: Thieving Neighbor in reply to MichaelNEIowa, 09-15-2007 23:39:58

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 cheese:)Yep, good neighbors abound.

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135 Fan

09-16-2007 00:19:52

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Re: Thieving Neighbor in reply to MichaelNEIowa, 09-15-2007 23:39:58

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

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