Law question?

[Glenn]

You're not small.  You can and should press criminal and civil charges against them. It's your land, and they're infringing on your rights as a property owner.

 

They have nothing on their side.

[scottyboy]

 

3 minutes ago, Glenn said:

You're not small.  You can and should press criminal and civil charges against them. It's your land, and they're infringing on your rights as a property owner.

 

They have nothing on their side.

I wonder if he would be made to pay all the associated cost then? I honestly can't afford to fight it.  

[crypt]

you have every right to your property.that should have been disclosed when you bought it. you might have recourse from seller for not disclosing that little bit of info.

[scottyboy]

I just don't have the heart to ask for my money back. I know I probably could, but I don't want to cause someone else  misery.

And like Everyone is saying, I shouldn't give into this bullying.  { Besides I made the mistake of jumping on this deal without checking the easement, so it's really my fault} I will search tomorrow at the courthouse and see what I can find. I know for a fact that the old road was established 21 years ago, I don't know when the survey was done? Two of my markers are white Corps stakes, and as stated earlier, he has painted all the way around mine with with purple paint.  Looks like mardi Gra around there and I am not sure his "artwork" is completely in line with my back corner markers either but I haven't checked to be exact. 

To be perfectly honest what hurts the most is knowing that I spent all my savings for land so foolishly. Being disabled on social security means a very very tight budget and I just got to excited way to fast when I found this place. I should have done some checking around before buying it. I feel pretty silly now. 

[crypt]

good luck tomorrow.keep us up to date.

 

[scottyboy]

Sure will, Thank you guys! 

[Chowderhead]

Not familiar with your location or how close you are to a law school, but when I was in school we had a law clinic staffed by the students with faculty oversight that would assist those in the community that could not otherwise afford legal assistance. A property issue like this would be something that our law clinic would have taken on. You can PM if you want to talk more in depth. 

Derek

[NHBull]

If this situation was in NH, you would loose.  I work for an institution that post 800 acres for this very purpose  I also just purchased property where the hang up was the easement/liscense.  That said you are likely to get an attorney to look at it at no charge. 

[clayton86]

The purple paint sounds like property markers. I’m some states a purple stripe around a tree of fence most serves as a posted sign. 

[scottyboy]

11 hours ago, Chowderhead said:

Not familiar with your location or how close you are to a law school, but when I was in school we had a law clinic staffed by the students with faculty oversight that would assist those in the community that could not otherwise afford legal assistance. A property issue like this would be something that our law clinic would have taken on. You can PM if you want to talk more in depth. 

Derek

Thank you and I may just do that in a few days, I am; as stated earlier, going to try and find the easement first. {fingers crossed} 

1 hour ago, clayton86 said:

The purple paint sounds like property markers. I’m some states a purple stripe around a tree of fence most serves as a posted sign. 

Here in Arkansas the paint means "Posted" no hunting or trespassing. 

[scottyboy]

FIRST UPDATE.

Just found out that there are three more small parcels that are at the end of this old road that join me. These people live out of state and have no idea they have been locked out. {This is a long big peninsula on the lake so the Corps line goes all the way around the sides} So these poor people are worse landlocked than me, {However I will let them through my land anytime they wish}

This old road goes all the way through the peninsula, Through the edge of all our properties unto the last tract which is 5 ac which stops of course at the Corps land. I hope this makes sense? 

My representative is searching for the original or initial survey and division of land right now. {idk how long this will take}

I am wondering if these people that live out of state might help me in disputing this, so that is my next step is writing them letters. 

[Pro Logcatcher]

I don't know what to do but good luck.

[scottyboy]

23 minutes ago, Pro Logcatcher said:

I don't know what to do but good luck.

Thank you kind Sir 

[NHBull]

I would bet dollar for donuts that there is an easement/liscense that wasn’t recorded. I would look to the original land owner and his law firm 

[scottyboy]

UPDATE!  My representative just called from the courthouse and so far has traced my land back to 1958, The road was there, but nothing recorded so far,  that states a recorded easement. This was originally sold by a real estate that is long gone. This road was there before the lake was ever constructed and flooded and back then people didn't worry about easements because everyone could get along. The real estate saw it was going to be lake front property soon and sectioned parcels off, would be my guess but IDK guys ?? 

[Clinton john]

OP I'm not sure of the laws and rulings in your area but I can tell you in Louisiana I would be burning this guy's butt in court.

 

First law he is breaking is call right of way, no landowner can stop other land owners from reaching their land as long as it is a clear defined road, either pavement, rock or dirt roadway.

 

Second law he is in potential of breaking is wanted waist and poaching, he told you he would not allow you to retrevie down game that entered his land that is breaking game laws and all you have to do is inform the wardens and ask them too come with you to get your game they will take it from there.

 

Also he stated he or someone he appoints will be walking his property line to look out for and run of trespassers he is breaking the law there as well because you own the land and as said land owner have legal right of way and too do as he said he would would fall under federal laws of harassment and land theif.

 

He is also on the playing with fire from federal wardens by having someone walk the property line during deer season because that is called wildlife harrassment.

 

Again I don't know the laws and rulings there but that is what I would be burning him down in court for here.

 

I know money is tight for you but you need to see this through to the end and fight it tooth and nail never and I mean never let someone bulley you out of enjoying what's yours and enjoying your GOD given rights as a citizen of the United States of America.

 

 

[N Florida Mike]

I'll put the situation on my prayer list. Things will work for good eventually.

Its sad people are so selfish and greedy. He's missing out on major blessings, sir.

[Hog Basser]

There should be an easement, I've dealt with property ownership in Arkansas and you have to give an easement to access the land.  Don't give in.  Sounds like they are well known with local authorities and not really upstanding citizens from what you describe, so doubtful they have too many people on their side.  As a landowner, if one of my neighbors shoots a deer on their property and it runs to ours, they just call to let us know and retrieve it....no big deal.  Their only worry is not walking up on one of our hunters and getting shot on accident, hence the need for the call (also as a common courtesy).  I do have another neighbor that erected a new deer stand on the edge of their property with a good view down our new levee I'm not too thrilled about, but that's another story.  I also have lakefront property with corps easements to access my dock.  If the government has to give you an easement, so does this guy.  If the sellers sold you property without an easement (unlikely), they knowingly broke the law by not disclosing this to you and should have to give you your money back.  Again, don't give in to this guy, the law is on your side...you just have to make it clear that you will not be bullied (in a calm and peaceful way).  

 

Looking forward to updates.  

[dblades]

Sounds like a good spot for a brush arbor revival, when the easement is confirmed. On the bright side, those out of state owners probably don't mind you hunting their property also.

[LadiMopar]

Hey Scottyboy,

Sent you a PM last week, not sure if you saw it, but I'm a certified independent paralegal. I would be happy to help you any way I can (at no cost to you of course). 

 

I have access to your states statutes, case law etc., so please feel free to reach out.

 

LM 

[Sam]

Any possibility of you contacting the University of Arkansas law school and ask for assistance?

 

Law schools can provide legal assistance although if you go to court you will need a licensed attorney.

 

In the meantime, I am sure the law students can research your situation and find a few cases that parallel your situation.

 

At least you can send the law school a letter or give them a call.

 

All the best for a successful conclusion to the problem.

[Hog Basser]

@scottyboy you alive? 

[Chowderhead]

2 hours ago, Hog Basser said:

@scottyboy you alive? 

I recall him posting that he was leaving the forum because of religious reasons.