Bad Neighbors

NY 986 · May 1, 2011

After feeling good about the post about the helpful German kid the other shoe just dropped. We have a farm the runs deep from the road and can not be viewed by the creek without driving in. Several weeks back after the snow initially went down I went back to check on posted signs and saw a couple were leaned out of place even though the were set in at least 18 inches on firm ground. Maybe 5 weeks had gone by between then and today where I see the neighbor wedged his ATV between a couple of signs along the creek to run across our property. I've made my feelings known to this family before about trespassing and the disrespect is really pissing me off.
No, I am not going to do something outside the law but I think the local deputies have better things to do than throw these clowns off. Letting ATV's run unrestricted is just going to lead to future problems so I can't just look the other way in this situation. Sorry, nothing here that we have not already discussed here at length (trespassing in general) but I needed to vent. Have a good day.

Anonymous-0 · May 1, 2011

Couple harrow fields or some spikes drove thru a 2x4 placed at the favorite places should make them think a little...... Don't put up cameras.at least don't tell about it on here..You'll get a bunch of these guys' shorts in a wad and call you a commi pig or sumpin............

Good Luck

Gun guru · May 1, 2011

You need to leave a tire puncture spike strip in the ATV trail, that will learn them some manners.

brian(MN) · May 1, 2011

Is it possible someone other than your neighbor drove through your property? Maybe he drove across his too? Just so they can follow the creek?

Anonymous-0 · May 1, 2011

now i just don't get it !! why so much hate in this world why can't people just get along sure they came on your land go over and have a NICE talk with them work things out. some day you will need some thing some help of some kind. i have had neighbors [city transplants] that i have had to talk to 1,2 3, times but after sometime they got the message and they are great people and neighbors.try it you might be surprised.

lustforrust · May 1, 2011

I tried the good neighbor bit for too many times. All of my neighbors are good except for one that owns the land by me but does not live there. He comes out to shoot off his guns and make everybody elses life miserable. He told me one time that he didn"t like where my garage was and wanted me to move it. He complains if one of us cuts one tree down on our own property yet bulldozes several on his property. He has changed the flow of a creek on his property now that will flood another neighbor when we have heavy rains. I don"t say anything bad to him or try to create a scene, but I will not be this guys buddy either.

Oldmax · May 1, 2011

The best thing to do is lose some fince wire on the ground. It worked for me. I under stand after replacing two tires on the 4 wheeler his Dad told him to stay off my land. Some how the wire got lost where he had cut my fence to gain axcess.

504 · May 1, 2011

Three was a story in the paper about two men mushroom hunting, the landowner held them at gun point till the cops got there. Maybe a little extreme but we get tired of people driving and trespassing on land that we own.

JD Seller · May 1, 2011

I have had that problem as long as I have owned land. You are blessed with 90% good neighbors and 10% idiots. The problems is that the idiots ruin the good feelings for all of the neighbors.

I have a field that is right against a closed Railroad bed. The county made it into a bike/walking trail. It just is a 4 wheeler race track most of the time. They used to cut my fence and run all over my pasture ground. I have had to have many washouts repaired that they caused.

I built a new fence inside of the old one a few years ago, about twenty feet apart. I bought every old harrow I could find at the auctions for the next couple of years. I put them between the two fences spikes up. I then posted signs warning of tire damage if the fence is crossed. After the first six months I have very few 4 wheelers try to cross the fences anymore.

NY 986 · May 1, 2011

No. The only track is to and from his property. It does not go near any of the other boundary lines to us. The people in question would absolutely not let anybody cross on to them!

NY 986 · May 1, 2011

I've tried the nice guy bit and been made to look like a fool. It really pisses me off that they go over to the local watering hole and tell everybody they have free run over everything. They went over on my other neighbor last fall hunting while he was combining. My neighbor with the combine politely told them to get back to where they had permission to be (not on the farmer neighbor). The farmer neighbor makes the next round and sure enough these people are right back at where they were chased away from.
They are flat out disrespectful and I really don't want to be responsible for their safety if they trespass. I've have to keep my cool in this situation as these people thrive on escalation. I guess more posts are going in the gaps and I'll have the deputy come out to make a note in case those posts "disappear."

NY 986 · May 1, 2011

I know the percentage of good neighbors around me runs under 50 percent. I would understand if I actually did something to them to make them mad but I don't even scowl never mind borrow money or break their equipment. I think they believe because we generally tried to be laid back that means we are soft and therefore need to engage in some battle of the wills to prove our manhood or something.
If I could only tell some stories without worrying about somebody wanting to "fix my arse" even though THEY are in the wrong.

kyhayman · May 1, 2011

Barbed wire fencing has cured that problem for me. One or two strands, new, of the hightensile does a pretty good job and its all part of legitimate agricultural operations. Blasted stuff is practically invisable.

Billy NY · May 1, 2011

Really, no comeback.... legal or lawsuits? It has been a while since I read the laws on this for NY, but it appears that the posted sign(s)in conspicuous places would indemnify an owner, as that person has then the expectation that people will not trespass. Still zoned A42 AG here, lots of old locust, 3-4 strand barbed wire fence intact, seems everywhere you looked on farms there where the same kind of fence. I maintain it in places, and or have no reservation about using new, just that I mark, reflector same if it crosses a trail or similar place where it could be a danger for someone not knowing. On the other side of the coin, creating an intentional hazard, though there are DMV and Penal laws being broken when an ATV'er trespasses, I would fear some kind of comeback if someone got hurt, cause I fenced it off with barbed wire, should not be that way, but ......

Brian Jasper co. Ia · May 1, 2011

Leave a harrow section upside down where they are driving through. If the grass is high enough, lose some barbed wire in the grass in other places. Once they spend a bunch of time cutting the wire off the 4 wheeler and fixing tires, they might get the hint.

Jimmy King · May 1, 2011

If he changed the flow of a stream that flows water, not a dry ditch?? A letter to the Corp of Enginers will get his attention. And they will have it on film.

NY 986 · May 2, 2011

You're exactly right and that is why I really could not use anything mentioned here as a counter measure. I think these people would love to ratchet it up if they could. By the way there is no existing trail there and I am trying to keep it that way.

1936 · May 2, 2011

JD seller - what state are you located? Dad was afraid of the rails to trails when the Rock Island went under. Was able to buy the land, but not the mineral rights. See a lot of this in Wisconsin for bikes. As for wire cutters gandpa model 97 would have spoke in the day.

Inno · May 2, 2011

I'd be leary about using barbed wire, wouldn't want anyone to lose their head over it.
Too bad there are such arrogant folks out there. We are very lucky where we are, all the neighbors are either very outgoing and helpful or keep to themselves. We all respect that.

Janicholson · May 2, 2011

If it is the only reasonable place to cross the fence, I would place some of that prickly brush (cleared from a different location into the mix of thinking. Any seemingly random materials that are two difficult to move become a barrier.
Brush is not necessarily invisible. Jim

Matt from CT · May 2, 2011

>It has been a while since I read the laws on >this for NY, but it appears that the posted
>sign(s)in conspicuous places would indemnify an
>owner, as that person has then the expectation >that people will not trespass.

You still can not set a trap.

Matt from CT · May 2, 2011

Should add for the folks who'll say, "It's not a trap, it's just junk you placed there!"

You violated the last S of Shoot, Shovel, and Shutup by discussing it here. If it's serious enough, and the attorneys figure out you've been posting about it online, you're up the legal creek without a paddle.

NY 986 · May 2, 2011

As stated before any trap along the boundary would not be considered by me anyways. I'm sure any lawyer they would hire (if they got hurt) would note that these harrows or fence wire appeared only after the latest warning. Then it would be matter of my word versus theirs and a jury made up of daytime television watchers that were never big on gainful employment.
I really do not want to plant any brush there but it is a small area we are talking about. Maybe I should talk to the conservation people about something that would grow very thick but not readily invade the surrounding fields.

kyhayman · May 2, 2011

A bobby trap of some type is illegal, at least here. Normal fencing of agricultural operations is not. Fencing a creek is actually a preferred conservation practice. NRCS will cost share at 2.05 a foot here if you do it. Thats what I'm in the process of doing now, replacing all the barbed wire with smooth wire electrified high tensile.

As to the other methods. I had a couple of people obviously run through/into the fence. Never heard a word about it from anyone.

thurlow · May 2, 2011

As Dave and others have said, a booby trap is against the law; ignore these cowboys (with apologies to the real cowboys) who want to entice you into committing a felony. Multiflora rose will make an inpenetrable barrier, but will spread if not ...agressively.....kept in check. A fence might be your best bet.

CHinNY · May 2, 2011

986NY i guess you are in Macedon Ny I have land in Fairville NY live in Palmyra But i had my driveways cabled and blocked The back of my land is a seasonal road and they (snowmoblers) took down my blocked drive went throught my land got to the front drive and clothslined themselfs on my cable. I had yellow and orange strings on the complete cable plus a posted sign on wood in the middle hanging down and the police were trying to get me introuble kept asking questions every which way to get me to say the wrong thing but all i kept saying was "arrest them they did not have permission to be on my land" and the cop said i was a smart a$$ for answering with the same answer everytime. I worry about being sued for the longest time as they were hurt but i never did hear any more about it.

NY 986 · May 2, 2011

No, I am not from Macedon but live within 40 minutes. The 986 in my handle is not for the phone exchange there but the IH 986 tractor we have.
At this point I am just trying to head off any possibility of somebody getting hurt. Hopefully putting in a few more posts will firmly drive home the message and planting some brush in an approximately 20 x 30 area will remove the temptation.
Sorry to hear about the difficulty you are having.

Bret4207 · May 3, 2011

I forget exactly how the law reads but there are standards that have to met as far as posting goes in NYS. I've had a lot of problems myself- fences cut, etc. Never catch them and it's a long ways from the house. It's the principal for me.

Anyway, do what you can to identify them if you want an arrest. Video of the machines is a good start. The Trespass law is pretty simple, but your local Judge may not be keen on prosecution. We had a local Judge that was a big snowmobiler (lived in a little house in town of course) and he said in open court that a snowmobile did no damage, so he would dismiss all cases. That's simply wrong as damage is not part of the statute.

Best of luck. Landowners in NYS are about as popular as lepers these days.

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