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Trespassing and $10,000 to $50,000 in damages

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Karen Olson

Guest
Name of state: CA. I own 10 acres in CA, live in OR. I need to give my brother in law who lives in CA authority to act in my behalf. An adjacent property owner has felled trees, dug trenches, re-routed seasonal streams to flood my property, he's cut off access to my property, dug roads, and is in the process of destroying my land for a takeover. I need to give my bro in law authority to contact the local sheriff to serve this person. Can I do this? Thus far, he's destroyed two of 10 acres of a $300,000 piece of land. Since I don't get there very often, I was shocked to learn of this willful trespass and destruction on my land. I had an attorney working on it. I need to get him working on it again. But I want to STOP this parasite by using the law, sue him criminally before proceeding civilly. Thank you for any help.
 


barrypatch

Junior Member
I don' believe he can "takeover" your land in California without having paid the taxes. If he's been altering stream beds, temporary or not, call the EPA or state DNR. That is assuredly a wetlands violation and he'll be required to return the land to its' 'original condition'. Take lots of pictures - particularily of any faculative or obligate wetlands vegitation that has been disturbed. Good luck.

I had a similar problem. A neighbor cut trails through the back of 53 acres I bought in Michigan this summer. He was hunting/litering and cutting downed trees for fuel. A spool of barbed wire and some signs got him cutting his own trees.
 
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Karen Olson

Guest
adverse possession...that's how parasites work

however, I thought they had to improve, not destroy, the land. He is destroying it. He's dug four foot trenches and built dams. He's created a situation whereby my land now floods. He's trying to force me to sell the land to him - I know because he called me. My sister's adjacent land is for sale. He's been intimidating prospective buyers. I know because my sis is an re agent. This is in CA, east of SF, relatively CHEAP to Bay Area, so desireable. This guy is pulling a Pacific Heights - the movie - on me. I come there once a year, so I do have pics of the land in its pristine form, and since parasite has moved in. My bro in law who made the urgent call to me yesterday took pics of the new disaster. He said I would be crying and screaming if I saw how bad it is. He wants some form of authority to act on my behalf to stop this monster. He says no way can I sell my land to anyone because of what the guy has done to the two tops acres. AND the guy intimidates people. OF COURSE, I've paid the taxes. The land is in no way abandoned, just unimproved, and it WAS beautiful, with a glorious vista from the hill. My bro in law is friends with the sheriff and everyone else out there.
 

BelizeBreeze

Senior Member
Since the only legal question you asked was could you give your bother your POA to act in your stead regarding this property, the answer is yes. He can also bring suit aginst the other landowner, file charges and act in any capacity regarding the land and it's issues as if you were doing so.
 
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Karen Olson

Guest
Belize Breeze.

Since you wrote, "since the only legal question you asked...." I thought perhaps you have some other suggestion. This land parasite has become manic, apparently in the last month, about utterly destroying my land, cutting off access, flooding it, sending raw sewage onto it, should I call him and say "stop" BEFORE my brother in law meets with the sheriff. Can this guy deliberately continue to destroy my land? until the time the sheriff comes out and says cease and desist. I can't reach my attorney in CA until tomorrow, and right now, I'm totally freaked about this character of whom I'm very afraid.
 

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