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Re: Road right of way


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Posted by LJD on January 01, 2012 at 06:02:19 from (75.194.199.215):

In Reply to: Re: Road right of way posted by JMOR on December 31, 2011 at 21:42:05:

Even court rulings don't always help.

I own property in northern Michigan where the previous owner pulled a gun on a bunch of hunters after claims of years of tresspassing. They cut down trees, built tree stands, ATV roads, etc. I now own the property that the gun-guy owned. 20 years ago, he got arrested on some sort of gun-threatening charges. But, the other party got arrested for tresspassing. Other party was (and still is) a big hunting club from Lansing Michigan. Lots of money for lawyers. Well? Went to court and they lost. The gun-guy got a court order prohibiting anyone from the gun club (or heirs, assigns, etc.) to ever enter that land or try to gate it. That court order now refers to my land. It goes forever with the land, not any specific owner.

I live 800 miles away and don't get to that land often. Last summer I arrived and found it gated again. I called the county sheriff and told him I wanted the gate removed. He went on to tell me how complicated removing gates is, establishing ownerships, etc. THIS with a written court order in my hand. ENFORCEMENT is another big issue.

So? I called the sheriff back and told him I was going to rip the gate out with my tractor and I asked him to come and witness it. I also told him if anyone interferes, I would press charges. He came, I ripped it out, and case closed. No gate since.

A month later, the president of that hunt club called me on the phone and asked if it would be OK for his members to hunt on my land. I basically told him to "go to H*ll."

I'd like to press charges for what happened already, but am not willing to spend the money. The court order clearly states that if the hunt club people ever violate the order, they are to be held in "contempt of court." Sounds good on paper, but meaningless unless a person wants to waste money on the issue. They DO have my contempt.


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