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brownmule
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another year of locking horns with nieghbor..
01/13/06 05:34 AM
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i ask my self..why me? i guess it has to be somebody, got letter from crazy lady's lawyer before thanks giving,they say if i dont let her use the land beside her house{6 ac} shes gonna take me to court and take it from me! did my home work, she cant previous land owenr gave her permission to use it, we have a deed with general warrenty{meaning any deals done earlier are void now} previous owner will state that he gave her permission{squartter rights wont hold up in court}.. trying to get this takeing care of before Ag dept comes to do a conervation plan.. went to my lawyers first of week, told him lets go to court or she needs to shut up, im sure it's gonna be hard to farm up there, but i have got 76,000. in the prop and equipt. im here and not going any where. i just cant belive how crooked some people can be!  Rose
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DUMBDOG
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Loc: North Dakota, Florida
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Re: another year of locking horns with nieghbor..
[re: brownmule]
01/13/06 06:15 AM
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I would get the lawyer and use all possible means to block anything that she has to do.
There was a very long post on the Tractorbynet board with a gentlemen in Califorinia that had an issue with a neighbor who had an easement on his property. This does not sound the same, but he lost big time. For a little research read the post and you can see how being right sometimes does not help.
LEGAL ADVICE NEEDED-EASEMENTS
Stop her right away, do not give a inch and good luck. Hopefully they will have more common sense in West Virginia than in California.
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brownmule
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Re: another year of locking horns with nieghbor..
[re: DUMBDOG]
01/14/06 05:58 AM
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yes i read that post,i talked to my lawyer a few days ago, he said going to sheriff wont work,since the lawyers are talking. i gave him 3 pages of wv law codes, {proving my point!}along with a couple fed laws. {right to farm, etc..} he is to talk to her lawyer,im gonna post my land, she want me to sell her a right away to her house, NOT! i agree to let her use 12 feet {her rd that they made yrs ago is right thru the middle of my field}i can't fight that, been to long ,but i dont have to sell it to her i need the rd too to get to back fields. gonna be an exciting summer i guess,the land beside her house i would be a fraid to put my mules there unless im there with then. but i will use it as a temp pasture, when im down there working. who knows may go in to the hog biz! aronald ziffle is looking pretty good! remember him? whoops i just dated my self..LOL Rose 
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Pat
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Re: another year of locking horns with nieghbor..
[re: brownmule]
01/18/06 10:22 AM
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Rose, I guess I'm missing some info. Is the neighbor's property enclosed by yours? Why must she cross your place to access hers?
I have looked into land access but in Oklahoma. Your state may have a similar statute. A piece of property eclosed by the property of another owner is the situation. The enclosing owner must allow access to the enclosed property by the most direct means available. A similar statute in your state might allow you to "move" the path of access through your property to minimize its impact, i.e. shorten it. If that would not be convenient for you then of course you remain silent and hope status quo is maintained.
Best of luck to you. By the way there is a very curious situation... There always seems to be way more horse's behinds than there are horses!
 Pat
"I'm not from your planet, monkey boy!"
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brownmule
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Loc: west virginia
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Re: another year of locking horns with nieghbor..
[re: Pat]
01/21/06 06:14 PM
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yes horse behinds LOL oh you know her? my land goes beside of her 2 sides and straight across the ft she had her house built onthe edge of her proptery, took it upon her self many years a go to dive thru the middle of the field quickest way to her house, now rd is established used to long to stop her. we bought it last feb. is im giving her 12 ft to use i wont sell it to her i need to use it too to get to my back fields, dum people built the house 12 ft from side of house 14 ft in ft of house, if she hadnt fired off a few rounds at me last spring we had plan on selling her x amount, so i have decided she putt'en the saddle onthe wrong darn mule! i will grow oats or something down there, im afarid to put my mules that close to her. now she s mad at her lawyer, he is prosacuting her son for a meth lab he got busted a few weeks ago.so im pushing my lawyer to turn up the heat, and build my fence. well see.. i could build a nice cabin on the hill and rent it to the feds! LOL. theres a plan !  Rose
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brownmule
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Loc: west virginia
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Re: another year of locking horns with nieghbor..
[re: brownmule]
01/31/06 05:57 AM
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update..crazy lady has no lawyer now,i have been pushing mine to turn up the heat now.. she's busy trying to get her son out of jail for drug lab/ bust.. howard{my lawyer} told me to build my fence! we force the issue, {she told me she take me to court and get a court order against me, and take my land}.. he talked to her lawyer and he resigned from her case. so i guess strap on the "hogleg" and build fence. my niece is dating a state cop, i belive ill have them come down and hang out. i had call the sherriff one time when survay co came down to retag the line, they told me if wasnt there job to "babysit"me!.. nice to know you got back up when you need it! that is so crazy to have to fight for your land when its paid for! if it dont rain sat, gonna drive some posts in the ground, and poke the bears! Rose
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mfaley
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Re: another year of locking horns with nieghbor..
[re: brownmule]
04/05/06 04:31 PM
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Rose,
How did you end up on this?
thanks,
Mark
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mffarmall
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Loc: Colorado
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Re: another year of locking horns with nieghbor..
[re: mfaley]
05/22/06 04:58 PM
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If the lady has axes to the county road from her land it is not your responsibility to give her access. I would also put up signs against trespassing. If she comes on your land give her a written letter that tells her that if she comes across your land again that you will need to call the shariff. If she does it again call the Shariff.
I have 6 acres in Colorado and plan on raising some butcher cows for meat and have a few horses
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brownmule
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Loc: west virginia
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Re: another year of locking horns with nieghbor..
[re: mfaley]
05/22/06 08:17 PM
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last month we stock our pond with some very nice bass and crappie, i fenced in the pond beside the rd and down to dianes rd about 40 feet, my neighbor was helping me fence when she came out, she asked to to ask me if i would wait till next week end to fence the rd{they are driving thru my field instead of the rd becuse the have it potholed out!}i have nothing to say to her any more ill let the lawyers talk. i wasnt going to do any more fencing that weekend any way waiting on Ag contract which i signed last week. once i get the paper work all systems go on the fence my lawyer said build my fence, im not gating off the rd. fencing in both sides. she never did any thing to the rd since she asked, my neighbor offered to help her pick up rocks and work on rd but the day he asked she didnt want to..what it all boils down to is she wants ppl to do it for her.. my mule can go thru mud and so cant the tractor.. im not top dressing her rd for her.. im sure it will get real when we are next to her and i have hubby to turn the ground down there, im gonna plant rye and oats there in that field,animals wont be safe there.. the land will be posted , some ppl you just cant talk to .. she wanted me to give her 6 acers! or she would take it! she is totaly nuts! we work hard for our money , i have 2 jobs plus hubby works and i have a farm biz.. sorry for the ranting. rose
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mffarmall
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Re: another year of locking horns with nieghbor..
[re: brownmule]
05/23/06 02:55 PM
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I only have 6 acres and I won't even give an inch of it to anyone. If she has a road to her place and your going to use your land then fence it post it and don't worry about her road. If she wants to take care of her road she can. If she wants to do something else then she can always do it on her land. Plant this year and take pictures of it. Record how in the past you have used the land so she can't say that it is unmaintained. And don't talk to her about anything your doing. Tell her to call your lawyer.
I have 6 acres in Colorado and plan on raising some butcher cows for meat and have a few horses
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brownmule
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Re: another year of locking horns with nieghbor..
[re: mffarmall]
05/24/06 06:32 PM
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for real! thats my plan use every nook and cranney. we got 7 mules and just recently got highland cattle.. i got 100 pine trees in buckets waiting to plant on other side of her for small xmas tree farm... she has two dogs and a green house on that peice of land..she has been notifed many times thur the court to move or loose it ,.. i have pics of every thing ive done from begining to completion.. one thing ive learned over the years is to document and keep a log book ! i have 62 acers and i am gonna use it all .. plus you never know what i may come home with from the market! LOL gonna hit the ground running this weekend got a fence crew lined up.. Rose 
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BlueRidge
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Re: another year of locking horns with nieghbor..
[re: brownmule]
05/24/06 08:42 PM
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one thing ive learned over the years is to document and keep a log book !
Oh, how many times I've recommended that to people! Most don't listen. It's powerful medicine in a dispute, whether with a neighbor or in a job setting. Takes it out of the "he said, she said" category quite effectively.
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Pat
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Re: another year of locking horns with nieghbor..
[re: BlueRidge]
05/29/06 09:53 AM
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LOG BOOK
Some recommendatons:
1. Use a "BOUND" (stiched) notebook that comes with numbered pages, not spiral bound or loose leaf binder. Available at various office supply stores or especially college book stores.
2. Make entries in ink.
3. Never erase anything no matter how flawed. Never cross out anything such that it can't be easily read. Instead, draw a single horizontal line through it so it can still be read. Initial and date the line-out.
4. Annotate all entries with date or date and time.
5. Stick to the facts, reserve emotional comments for your friends and family (or us, your e-friends.) Consider that anything you write may be read later by a judge in a court of law and you want to come across as a steady reasonable sort.
For example: Include quotes from your neighbor's comments but avoid commenting on them. No ad hominems!
The above suggestions make your notes much more valuable should they ever be needed in court. These actions will head off any claims about your having "cooked the books" as regards your notes. It could be helpful to include pictures. Give date and time of the pictures, from where taken, and any other pertinent details.
If any officials have made any comments you might want to quote or paraphrase them in your notebook, listing time and place where the comment was made. It is unlikely you will get an official to sign your transcription in your book but it is fine if they will. (Officials tend to be a tad shy when asked to autograph their comments.)
You may be selective as regards your entries but make sure anything you do record is factual and true to the best of your ability. It doesn't take many flaws to devalue the entire content of your logbook in the eyes of judges and the like.
Pat
"I'm not from your planet, monkey boy!"
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BlueRidge
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Re: another year of locking horns with nieghbor..
[re: Pat]
05/29/06 08:01 PM
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Excellent, Pat.
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Pat
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Re: another year of locking horns with nieghbor..
[re: mffarmall]
05/30/06 05:11 PM
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I forget, tell me again why you don't put up a fence?
Pat
"I'm not from your planet, monkey boy!"
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brownmule
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Re: another year of locking horns with nieghbor..
[re: Pat]
05/31/06 06:08 AM
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pat, thanks for advice i have pictures of every thing i do and what has been done{when they drove thru my field over and over} i try to keep "just the facts"in my book. and i do date and quote , i never thought about numbered pages, good point! pick one today and start a new one.. { big thanks on that} hopefully i wont ever need it. now that she knows im not just bark'en up a tree LOL
fence..we bought this land last year, got one side fenced in. we will be building fence this year on other side and on the proptery line. i have been waiting on the USDA contracts to come back so that we can cost share the project. hopefully this week they will be here. the land was a reclaimed stripe mine in 70's. that section of land is nothing but a big slab of rock w/ a little dirt. we have to borrow a big pull behind jack hammer to make the post holes. even for T post.. we brush hoged off the field last weekend grass had seeded but weeds hadn't yet.. {just knocked off the tops} so proud we have real grass growing not brush !!! ill try to post a pic of the field. thanks again for helping me Rose
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