Neighbor Parking on my Propery

[SnowCajun]

This incident has been interesting for sure, but what I don't get is this, and lawstud is exactly right in my view of this, permission to do something doesn't mean forever. If I give my neighbor permission to use my lawnmower it doesn't mean it becomes his for me to never use again. Permission can be revoked for God's sake, and if this property he's parking on is yours, as per your statement proved by your property survey, and you've made it plain and clear to him that you need full use of your property from now on and that he'll have to find somewhere else to park, then every single time he parks there from that time on he's trespassing and that's against the law! To be totally honest my patience with him would have run out eons ago.

Also in regards to his 6'x6' shed, personally I'd send him a certified letter stating that he can no longer continue to use your property for placement of his storage shed, that you have a need for that part of your property now and he'll be needing to find another spot other than on your property to park his shed. You seem sympathetic to the guy so give him 60 days notice to pull his shed over onto his own property. Tell him if he's not done so by the specified date at the end of 60 days that you'll be forced to either have his shed hauled off your property, or dismantled and removed from your property, so your own property can be used for your personal needs! A 6'x6' shed is by no means a permanent structure that can't be moved! After he moves this shed plant tomatoes there to prove your point, I mean a package of tomato seeds is only like 39 cents. It's your right to use your own land as you please.

I truly don't even see why this has to be as complicated as it is, you have your survey, that proves that the land is yours, so anything this guy does towards your land will only cause him grief, or even jail time. If he wants to be that stupid I think I'd throw my sympathy for him out the window. Be sure to keep copies of every single correspondence you have with this guy, emails, letters, ect.. and even make notes of personal contact outside recording the time and date and what he's said. Just my 2 cents, I know your frustrated, and I know you darned well have more patience than I do.

Good luck,
SnowCajun

 

[iflylow74]

personally I'd send him a certified letter stating that he can no longer continue to use your property for placement of his storage shed, that you have a need for that part of your property now and he'll be needing to find another spot other than on your property to park his shed.

Thanks Cajun. Actually I did send him a certified letter back at the end of November stating that he had 14 days to move or I would consider it trespassing. It had absolutly no effect. I called the sherriff to no avail. When the deputy arrived, the neighbor stated it was a property dispute so she left. I cant understand why the deputy had no power to arrest this guy! The survey line is clearly flagged and he is clearly on my side of it. I've hired an attorney and he is going to send a letter to my neighbor which will probably do no good. The next step is a lawsuit and of course I will be suing for legal fees. Im not the kind of person that sues for this sort of thing but I am seriously considering asking for mental anguish or punitive damages of some sort because of the way this guy is acting. So far, he is the one causing all the trouble but isn't out one cent. Meanwhile, I've done nothing wrong and have spent over one thousand dollars and havn't gotten anything done yet. Do you guys think I could get mental anguish or punitive damages?

 

[iflylow74]

I truly don't even see why this has to be as complicated as it is, you have your survey, that proves that the land is yours, so anything this guy does towards your land will only cause him grief, or even jail time. If he wants to be that stupid I think I'd throw my sympathy for him out the window. Be sure to keep copies of every single correspondence you have with this guy, emails, letters, ect.. and even make notes of personal contact outside recording the time and date and what he's said. Just my 2 cents, I know your frustrated, and I know you darned well have more patience than I do.

I totally agree Cajun. I have no idea what this guy is thinking. The only thing I can figure is that he thinks that if worse comes to worse, all he has to do is move his stuff and I on the other hand have had to pay a lawyer to get use of my own land. In my opinion, he is mad and is going to make this as hard on me as possible. And as far as sympathy for this guy, I lost that months ago! I've given this guy the opportunity to do the right thing since October but he refuses. If this goes to court (which it will) the proverbial gloves will come off! In fact, I believe his septic tank is on my property , and if it is he will have to dig that up as well! If he would have been neighborly when this first started, I wouldn't worry about his septic tank.

 

[FarmerJ]

if this septic tank is proven to be on your property you might end up with a court that isnt as willing to just make him dig it up , so what you might want to talk to a atty about is a agreement where you permit use of your land for the septic system until it requires repair or must be replaced , then at that time they must relocate it so there is no more encroachment. AND dangle a implied threat that you would seek total removal from your property , if they dont agree ( the agreeement should include things like reports from the county that it has failed , ANY modifications to the system OR modifications to the house itself such as room add ons or home replacement OR the big one LOL if city sewer becomes available that they would have to hook up to it in order to end the encroachment whether the septic system has failed or not)

 

[iflylow74]

if this septic tank is proven to be on your property you might end up with a court that isnt as willing to just make him dig it up , so what you might want to talk to a atty about is a agreement where you permit use of your land for the septic system until it requires repair or must be replaced , then at that time they must relocate it so there is no more encroachment. AND dangle a implied threat that you would seek total removal from your property , if they dont agree ( the agreeement should include things like reports from the county that it has failed , ANY modifications to the system OR modifications to the house itself such as room add ons or home replacement OR the big one LOL if city sewer becomes available that they would have to hook up to it in order to end the encroachment whether the septic system has failed or not)

Good idea FarmerJ. I will definetly ask my attorney about that. The septic tank isn't really that big a deal to me, but I figured I could use it as leverage to help with my case against him.

 

[BoredAtty]

When the deputy arrived, the neighbor stated it was a property dispute so she left. I cant understand why the deputy had no power to arrest this guy! The survey line is clearly flagged and he is clearly on my side of it.

The deputy has no idea who is right and who is wrong, and property line disputes are civil in nature, not criminal. I don't doubt anything you've written, but from a third person's perspective it's possible that the neighbor is correct and you are in the wrong (e.g. the survey could be wrong, you may have moved the flags, the neighbor may have an easement, etc.).

I've hired an attorney and he is going to send a letter to my neighbor which will probably do no good. The next step is a lawsuit and of course I will be suing for legal fees.

Unfortunately, you probably won't be awarded attorney's fees even if you win.

Im not the kind of person that sues for this sort of thing but I am seriously considering asking for mental anguish or punitive damages of some sort because of the way this guy is acting. So far, he is the one causing all the trouble but isn't out one cent. Meanwhile, I've done nothing wrong and have spent over one thousand dollars and havn't gotten anything done yet. Do you guys think I could get mental anguish or punitive damages?

It's possible to be awarded money for mental anguish and punitive damages, but it's highly unlikely unless your neighbor's conduct has been especially egregious. Based on your description of events, I really doubt you'd be awarded either.

All that said, I hope the guy gets off your property. He sounds like a first class a-hole. Good luck and keep us posted.

 

[SnowCajun]

It's possible to be awarded money for mental anguish and punitive damages, but it's highly unlikely unless your neighbor's conduct has been especially egregious. Based on your description of events, I really doubt you'd be awarded either.

Sometimes in life a word gets tossed out that I don't know, I'm old, maybe I didn't learn them all in school way back then. I had to go look up "egregious" .. lol .. and now that I've looked it up this was the meaning..

1: archaic : distinguished
2: conspicuous; especially : conspicuously bad : flagrant <egregious errors> <egregious padding of the evidence

So now that I know the meaning of "egregious", according to the original poster his neighbor has moved the land survey flags, which I would think should be a law violation because he was doing so for his own benefit, he's put up "no tresspassing" signs on the original posters land in front of his parking area, plus has refused to move a shed off the original posters property that's there without permission, so ... I'm curious ... how much more "conspicuously bad" or "flagrant" do you have to get before it becomes "egregious"?

All that said, I hope the guy gets off your property. He sounds like a first class a-hole. Good luck and keep us posted.

Agreed, he surely sounds just exactly like you described him to be. I'm curious how it turns out also. Not being an attorney I'm curious BoredAtty, why would this "a-hole" not be responsible for attorney fees since he's causing all the trouble?

Regards,
SnowCajun

 

[iflylow74]

......
Agreed, he surely sounds just exactly like you described him to be. I'm curious how it turns out also. Not being an attorney I'm curious BoredAtty, why would this "a-hole" not be responsible for attorney fees since he's causing all the trouble?

Same here Cajun! I may not get my legal fees or anything but in my mind (such as it is) it seems very unfair that this guy could cause me this much trouble and cost me this much money and he is still not out one red cent even if he loses his case!

 

[BoredAtty]

Sometimes in life a word gets tossed out that I don't know, I'm old, maybe I didn't learn them all in school way back then. I had to go look up "egregious" .. lol .. and now that I've looked it up this was the meaning..

1: archaic : distinguished
2: conspicuous; especially : conspicuously bad : flagrant <egregious errors> <egregious padding of the evidence

So now that I know the meaning of "egregious", according to the original poster his neighbor has moved the land survey flags, which I would think should be a law violation because he was doing so for his own benefit, he's put up "no tresspassing" signs on the original posters land in front of his parking area, plus has refused to move a shed off the original posters property that's there without permission, so ... I'm curious ... how much more "conspicuously bad" or "flagrant" do you have to get before it becomes "egregious"?

I wrote "especially egregious." The definition of "especially" is:

"To a distinctly greater extent or degree than is common."​

So, the neighbor's conduct must be more than simply egregious. Under the common law, a defendant is liable for intentionally inflicting emotional distress if the plaintiff suffered severe emotional distress as a result of the defendant's extreme and outrageous conduct.

According to the Supreme Court of Arkansas (quoting the Restatement of Torts):

"The emotional distress for which damages may be sought must be so severe that no reasonable person could be expected to endure it.

By extreme and outrageous conduct, we mean conduct that is so outrageous in character, and so extreme in degree, as to go beyond all possible bounds of decency, and to be regarded as atrocious, and utterly intolerable in a civilized society." M. B. M. Co., Inc. v. Counce, 596 S.W.2d 681, 268 Ark. 269 (Ark., 1980)​

With the above in mind, do you think the neighbor is liable for intentionally inflicting emotional distress? It's a judgment call, but I doubt it.

Agreed, he surely sounds just exactly like you described him to be. I'm curious how it turns out also. Not being an attorney I'm curious BoredAtty, why would this "a-hole" not be responsible for attorney fees since he's causing all the trouble?

Because of what is dubbed the American Rule, each party pays his own legal fees. There are exceptions, but unfortunately the OP's case is probably not one of them.

The exceptions often include cases of frivolous lawsuits, divorces/child custody battles, instances where a contract stipulates which party must pay legal fees, and when there are violations of various consumer protections laws or civil rights.

 

[iflylow74]

I am seriously thinking of using my truck to just drag my neighbors shop off my property onto his side. I would only have to move it about 6 ft or so. Its pretty flimsy looking so its possible that it would fall apart in the process. Do you guys thing this is a bad idea? Do you forsee any legal repercussions? It shouldnt hurt my case should it? Thanks again.

 

[FarmerJ]

If you do you might want to move it in the same way that ice houses are moved up here in winter. BUT talk to your atty first

 

[SnowCajun]

I am seriously thinking of using my truck to just drag my neighbors shop off my property onto his side. I would only have to move it about 6 ft or so. Its pretty flimsy looking so its possible that it would fall apart in the process. Do you guys thing this is a bad idea? Do you forsee any legal repercussions? It shouldnt hurt my case should it? Thanks again.

The first thing that popped into my head when I read what you said was; if you go onto his property like that he may file a trespassing complaint against you and win! Or worst yet even file a damage to his property claim from you driving and dragging his shed over with your truck and try to make you pay to have your truck tracks and drag marks resodded. Personally I'd stay off his property, and if he didn't remove his shed within the time frame you gave him via a certified and notorized letter then certainly you'd think you'd have the right to remove the thing from your own property and could probably force him to pay for what it cost via small claims court since he refused to remove it.

I've watched mobile home park owners go to court against tenants they didn't like, they'd send them a notice to remove their trailer from their lot within 30 days. I went to court with two friends who had this happen to them, once in court all the mobile home property owners had to say was, "we want to use that lot for something else", nothing had to be brought up about issues with the tenants, or the tenants kids, just the statement that it was their property and they wanted to make other use of it. The judge sided totally with them, the tenants on their month to month lease had no options but to find some place else to move their trailer to. Quite an expense just over having your kid make a property manager mad, yet it happens all the time. So, why should it be any different with this storage shed, you want to use your land, it's your land, so he should move it to his land if he wants to keep it. If after plenty of proper notice to move it and he still doesn't then surely you should be able to remove it yourself, and bill him for the effort. I just don't get it how people think they can force you to allow them to use your property.

SnowCajun

 

[iflylow74]

If you do you might want to move it in the same way that ice houses are moved up here in winter. BUT talk to your atty first

Yeah, its probably best if I wait and speak with my atty first. Its just hard for me to set around and do nothing while this guy continues trespassing.

 

[iflylow74]

....Personally I'd stay off his property, and if he didn't remove his shed within the time frame you gave him via a certified and notorized letter then certainly you'd think you'd have the right to remove the thing from your own property and could probably force him to pay for what it cost via small claims court since he refused to remove it.

..... once in court all the mobile home property owners had to say was, "we want to use that lot for something else", nothing had to be brought up about issues with the tenants, or the tenants kids, just the statement that it was their property and they wanted to make other use of it. The judge sided totally with them, the tenants on their month to month lease had no options but to find some place else to move their trailer to. Quite an expense just over having your kid make a property manager mad, yet it happens all the time. So, why should it be any different with this storage shed, you want to use your land, it's your land, so he should move it to his land if he wants to keep it. If after plenty of proper notice to move it and he still doesn't then surely you should be able to remove it yourself, and bill him for the effort. I just don't get it how people think they can force you to allow them to use your property.

SnowCajun

Your probably right. The risk associated with moving the shed and damaging his property probably aren't worth it. I figure the judge will tell me the same thing as the judge in the example you gave. Its just that my neighbor is going to be as big an a** hole as possible. If I were the judge in this case, I would nail the neighbor with some kind of fine or damages or something. It just doesnt seem fair that he can cause me this much trouble and even if he loses, he only has to move his stuff and he gets off scot free.

 

[iflylow74]

I have another update.

This morining on my way to work, I noticed my neighbor had fence materials (barbed wire) laying near the property line. Looks like I may get a fence after all! Question is, where will it be? Most likely way on my side so he can continue parking. What should I do, pull it up?