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Tractor Talk Discussion Board

Trespass UNLESS they have legal right


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Posted by John T Country Lawyer on December 23, 2011 at 11:37:29 from (173.243.181.15):

In Reply to: Question i been wanting to ask on trespassing posted by JOCCO on December 23, 2011 at 07:12:37:

Okay, heres my totally unresearched, no time analyzing, but still professional reply:

1) What the "law" has to say depends on your state, be it codified or common law, so the laws of other jurisdictions dont mean a whole lot.

2) Many states have laws that allow and permit certain "public" utility work on public roads (WELL DUH to that) PLUS THE IMMEDIATE AREA, and subject to those laws and perhaps judicial interpretation, its well possible equipment can be used and stored WITHIN THE CONFINES of whatever road and immediate area the zoning and original road grants and/or contracts or easements etc (roads or utility services)permitted. As Im sure youre aware, the initial road grants and/or takings included strips much wider then the actual paved or graveled roads, the county may have a 50 foot right of way even if the roads only 25 feet wide.

3) Over the years private or public utilities may have acquired by contract or eminent domain or even easements by prescription certain rights concerning say water or phone or electric utilities. If those are in writing and some were were granted using Deeds, what they can and can not do is a matter of strict contract SO TO ANSWER YOUR QUESTION A THOROUGH RESEARCH OF DEEDS HAS TO BE MADE if such a right were thus granted. Often private utility easement contracs permit alllllllllllll sorts of use of your private property most people are unaware of and theres lots of fine print, they can do a lot let me tell you. Often when land is sold or subdivided certain restrictions on the grant apply that allow utility work YOU HAVE TO RESEARCH THE DEEDS AND GRANTS RECORDS AND EASEMENTS ETC ETC

4) But heres what you may be looking for

If theres no deeded conveyance permitting it,,,,,,,,,if your states common or codified law does not permit it,,,,,,,if theres no contract permitting it,,,,,,,,,,,,if the original road grants do not permit it,,,,,,,and especially if its a private versus a public firm wishing to park their equipment I COULD MAKE MAKE A GOOD PROFESSIONAL LEGAL ARGUMENT BEFORE A COURT THEY CANT PARK ON YOUR PRIVATE PROPERTY THATS OUTSIDE THE ROAD GRANT OR EASEMENT CONFINES. NOTE Thats no guarantee the Court would buy such an argument and they rule, NOT you or your lawyer or me or anyone here, subject, of course, to appeal.

MY APPROACH WOUDL BE ITS NOT PERMISSIBLE UNLESS AND UNTIL THEYYYYYYYYYY CAN ESTABLISH ANY LEGAL RIGHT TO DO SO IE PUT THE BUREDN ON THEM TO BE ON YOUR PROPERTY, NOT LET THEM DO IT AND TRY AND PROVE THAY CANT!!!!!!!!!!

Now ya see why theres no easy answer to legal issues sometimes??

God Bless and Merry Christmas

John T Semi Retired Country Lawyer


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