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I need Legal advise

Old 02-29-2008, 12:48 PM
Giant Nontypical
Join Date: Oct 2007
Location: Jefferson County, Missouri
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Default RE: I need Legal advise

that sucks
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Old 02-29-2008, 07:46 PM
Giant Nontypical
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Default RE: I need Legal advise

i would go over the locals heads like the state attorney
check with the dnr or fish and wildlife like others have said some place it is illegal to burn wetlands
also he burnt your land that is arson and is illegal
if the city or county would not do anything call someone on the state level

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Old 02-29-2008, 09:11 PM
Nontypical Buck
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Old 02-29-2008, 10:38 PM
Nontypical Buck
Join Date: Feb 2003
Location: Garfield NJ USA
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Default RE: I need Legal advise

I would persue this at the state level. When he took the shots, he wrecklessly endangered lives with a firearm which can be construed as attempted murder and with the local leo's not doing anything about makes them corrupt. He has also threatened you and your neighbors and that is TERRORISTIC THREATS OF BODILY HARM AND PROPERTY DAMAGE, which by the way is a felony offense in every state. By burning your property he committed arson and property damage. I would first file the complaint with the county prosecutor's office and if nothing comes of that then the states prosecutor office. You will get action then. As well as the local leo's and county officials that will have the state prosecutor so far up there butt's they won't want to even be associated with the neighbor.
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Old 03-01-2008, 01:46 AM
Join Date: Feb 2008
Posts: 107
Default RE: I need Legal advise

out here in calif you dont mess with wetlands I know a guy that diverted a winter creek on his own land w/out permission from fish and wild life and payed a huge fine and had to have put back the way nature wanted it. Go after him on the burning of wetlands maybe its federal. the guy really never learned anything he is in fed prison for taxissues 5 years
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Old 03-01-2008, 05:18 AM
Join Date: Mar 2008
Posts: 1
Default RE: I need Legal advise

My last lawyer said to be grandfathered in you had to own it for 15 years. So we paid my neighbors lawyer fees to do it through his property and they made more excuses. So this guy has a total of 4 of us locked out. So we decided maybe it would be cheaper to build a road.
How much did you figure it would cost? I have a similar situation but our access is over 100 years. Previous owners usage count toward the total years, at least here.

We got a signed agreement, but one parcel was left out so it is not quite complete, despite my lawyer's assurance that the parcel was added. The estate closed without that assurance being written in ... basically my own lawyer threw me under the bus to protect his next door lawyer.

Anyway, the number I heard was around $10,000 to go through the court, if I ever got blocked on that other parcel. I do have hunters come here, but we also have other access, though there is no road and it would be a half mile of new road.

As I understand, assuming your previous owner also used the road, or your other neighbors used it for 15 years, you could win, but it takes a judge to give you a prescriptive easement by adverse possession. I'm not clear what takes place, but it seems you would have to file suit. If he has blocked you, you now have 15 years to file that suit perhaps.

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Old 05-19-2008, 08:35 AM
Typical Buck
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Join Date: Aug 2004
Posts: 865
Default RE: I need Legal advise

ORIGINAL: coyote#68

...we have pasture land on both sides and being able to connect them would be great no more chasing cattle down to move them over...
Check your state and county laws.

In Indiana if you are a predominately rural county, under a specific population level, then the county falls by default to a "fence out" county. This means unless the county acts specificly to change it the land own wanting to keep live stock off his land must fence them out. This also allows a land owner owning both sides of a county road to put in a cattle crossing grate at both ends of the road at the point where he owns both sides and is not required to "fence in" his cattle. He must post the road with a warning and the speed limit and then it is the motorist responsibility to operate his vehicle under control and ability to avoid cattle that may or may not be in the road. Saves a lot of fence, work and money as well as allowing you full use of your property to graze all the way to the pavement. No mowing, trimming or wasted ground.
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Old 05-19-2008, 11:07 PM
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Join Date: Oct 2006
Location: Mesa, AZ
Posts: 448
Default RE: I need Legal advise

You might not have been able to getlegal action taken against him, but you should be able to file a civil suit for willful destruction of your property. Get your other neighbor’s to file with you as well if they lost or had damaged property because of his actions.
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