Farmer Sprays our land with poison.

[woops]

I am sorry , I always forget to do that being in a hurry. But since you took the time to let me know that , were you able to decifer enough to answer???

 

[154NH773]

There is an old saying; "Begin with the end in mind."
What are you trying to do exactly? Are you trying to negotiate a new agreement; sue for damaging your land; or what??
Once you have determined what your goal is, then I agree with you that you should collect any evidence that supports your goal. Leaving it totally up to the lawyer will probably cost you a bundle. You must; however, work with your lawyer to make sure he has the same goal in mind, and he is agreeable to your assistance. If he is not... get another lawyer who is.
As to speeding things up... forget it. The courts will set the timetable. I've had lawyers tell me that a rule of thumb is; two years and $20,000 for most cases, and I've found out that that is probably a conservative estimate.

 

[woops]

While it may sound confusing as to what is the goal , let me explain lightly.

Before the spraying we notified the farmer until he signed a valid contract he couldn't continue to enter the land. He did anyways. When I called the police for trepassing, the police went out and the farmer's wife showed the police a shoddy contract that doesn't have our names on it or is legal with it 's requirements. ANyways the farmer continued to work on the land and spray poision even though the police went out .

The report was not deemed trepassing due to his shoddy contract. [ now the sheriff is willing to look at the documents and pass them on to the prosecutor attorney]
The farmer now threatens other farmers if they try to farm the land he can take it out from them legally. I know this cannot happen but other farmers don't want to take the risk. SO I thought if we could change the report to criminal trepass it would do several things. One it would then make the police come out if he does come on the land or does any more damage--- [ we are in the process of building our farm] . If I leave the form report as it is the police view it as a civil matter dealing with contracts. SO if the court system takes as long as some have said, that would leave me a long time without the protection of trepassing and farmers that want to help need assurance that they are okay too.
I also thought it would help with the return of our att fee's showing criminal intent.
SO yes it the case is not just about damages, it is also making the farmer understand from the law he has no rights to our land.

 

[154NH773]

OK... it sounds to me like you want to keep this guy off your land and assure other farmers that he has no legal rights on your land. Someone else asked; What has your lawyer done so far?
I'll let others give you advice, as this is over my head; but some suggestions that others may want to comment on:
Is your property damaged by the poison, either temporarily or permanently? If not, you probably have no damage claim.
Do you have a copy of his alleged contract? What was your lawyer's take on it? What did your lawyer file with the court?
Have you notified him that you do not want him to trespass, and have you documented that notice? There may be a state law spelling out the type of notice to be given.
If he trespasses again, call the police and show them the documentation that he was notified not to trespass. If he shows a contract, point out to the police that your name as owner of the property does not appear on the contract (I'm sure others familiar with contract law can advise you of the legality of his contract with your predecessor in title, and how valid it might be).
If he is threatening other farmers with legal retaliation, there is probably some law against that. Document the threats, by affidavit, from those who were threatened. Also document how those threats have damaged you. (monetarily)