What would you do ?
 

Mrs Grumpy and I bought some lots of land in a deed restricted subdivision years ago and other than putting in a basic driveway and a padlocked red gate on each one with No trespassing signs up . The plan was to sell them down the road ,You know just as an investment . Well lately other lots have been selling and new people are moving in and building so that's good for us . Well I get a call this past Sunday from a neighbor asking what I sold them for money wise because he is ready to sell himself , I told him I didn't sell them yet and he tells me "Well there's a guy who has been clearing for a home site and taking down large trees " for the past 2 weeks ! Well we jump in the truck and head there 60 miles away and The padlock has been cut off ,the red gate is now purple ,there's a new padlock and chain on the gate and remote security cameras are hung around the site , There is a chicken coop with chickens in it a mail box with the wrong street address !and a for sale sign from some real estate company in Ga ? So I cut the new lock and put mine on there ,Hung new signs with my # on them and took a bunch of pictures . it's a holiday weekend not much I can do until Tuesday WTH ? :smoke:

Re: What would you do ?
 

There is still the possibility of an innocent mistake. It would take a bumbling idiot to make a mistake on that scale, but it is possible. The wrong number on the mailbox is the clue here.

Use that county's GIS info to figure out who owns what lots. See who's listed as the owner of your lot, and also look up the lot that belongs to the erroneous mailbox number.

I would be contacting the local sheriff in that town to help you sort out what's going on. Basically, you and the current squatter getting together to figure out what happened, but with a deputy on site in case there's any hard feelings. If neither of you is willing to walk away profoundly embarrassed by the mistake, then lawyer up.

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So Monday I get a call from a crazed screaming guy wanting to know why I cut his lock on his land and padlocked it again ? After 45 minutes of him screaming on the phone about his land , I got him to agree to meet me Tuesday at the courthouse . After him making a seen at the courthouse screaming at Mrs Grumpy and myself. The clerk gets thru to him he's on the wrong land ! The real estate company he bought from sent him pictures of our land and the for sale sign and driveway / gate and told him this is your land . they had never seen any of it and transposed the plat #'s and lot #'s and he assumed that is what they bought .

So , His mistake . He said he would repaint the purple gate . remove the chicken coop and chickens , remove the security cameras and all his equipment and replace the lock he cut off . , We said fine but I still have mature trees cut down .

Re: What would you do ?
 

Shoot, you could’ve let that go for a year and ended up with a free house! :lol:

In actuality, I would contact the real estate company about developmental damages to your land and see how they are willing to compensate you, since they are at fault in this situation.

Re: What would you do ?
 

I did contact the real estate company and they said it's on the buyer to get a survey done and they are not at fault . :smoke

So Tuesday I give him permission to remove the chickens and coop repaint the gate, and get his equipment off the land no later than Wednesday am . I told him not to do anthing else because we didn't want to be liable for any injuries and he agreed .

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All I can say is someone would be compensating me for the trees. I'd sue both of them and let the courts sort out who is at fault. I'm certain it will fall on the supposed land owner for not verifying but a mature hardwood tree is worth at least $1500 or more to me.

Re: What would you do ?
 

This morning I get a call from my neighbor and he tells me nothing has been done the chickens and coop are still there ,The gates still purple and the guy had moved over to his lot and cut down a tree taking the power lines down for the subdivision . He calls me and says he wants out of the land he bought and the real estate agency wants a letter of release of any liability against them and him for any property damages before they release him for his purchase . So now he's back to screaming at me on the phone . :smoke:

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Yeah , It's about 20+ trees 50' +- and I still have the mess to clean up .

Re: What would you do ?
 

I would contact my attorney to draft up a letter that you are seeking restitution from both parties. Attached would be a estimate from an arborist with the price to replace the mature trees not with saplings but the same like and kind of trees that were cut down.

Friend went through something similar where a homeowner his neighbor hired a logger to take down some trees that blocked his view to f the mountains. Trees were cut but they weren’t his neighbors trees but my friends. Both him and the logger had to reimburse him the money from the trees that were sold for lumber and to replace the trees with mature trees . And they paid a big fine to the town for illegal harvesting of trees . He had sixteen trees cut down but settled for 10 to be replaced and the cash . They used trucks like this

Re: What would you do ?
 

Hire an attorney and nail him. In my experience you get a lot farther with folks
when you use honey instead vinegar. If he would of been polite and admitted his mistake the story might be different.
He was a dillhole at the beginning.....karma's a beach.
Just my .02

Re: What would you do ?
 

How long did he 'think' he owned your property before he went about clearing a building lot? I'm thinking he went right at it. All jazzed up and in a hurry to make himself some money off the lot. So he jumps right into it both feet forward based on a picture. What a fool, it's got to cost him. He can sue the real estate agency for using a false picture. That ain't your problem.

Re: What would you do ?
 

This reminds me of a time I was helping a buddy of mine that was a surveyor. He had promised to a guy he would get a survey of his 11 acres done on Memorial weekend and my buddy knew I worked for a surveyor when I was in college. Long story short, we discovered the developer of the subdivision next door had built the entrance on this guys property. My buddy described it perfectly to the land owner when he said, "Sir, I cannot tell you he has built on your property, that is up to the judge to decide. I am just telling you where your property is on the face of the planet."

As much as I hate to say it, probably time to have a good lawyer involved.

Re: What would you do ?
 

My .02 on how encourage compensation? Call the local sheriff and have the meat head that did the damage cited and possibly arrested for trespassing and destruction of private property. Those trees are worth big bucks. That might light a fire under his butt.
On the other hand maybe it's time to sell?

Re: What would you do ?
 

I didnt read the whole responses thing but i would make sure that someone didnt change the deed over.. apparently the latest great scheme is to get on line and forge title to houses or land and then mortgage or resell and apparently insurance doesnt cover this

Re: What would you do ?
 

Have a tasty chicken dinner with the abandoned birds that are on my lot. Then sue the guy and the real estate company for every blade of grass that was bent by unauthorized personal.

Have you checked the drive for cracking as he had to have had heavy equipment using it?

Re: What would you do ?
 

I hate to say it, but I agree that you need an attorney. Let your attorney take the fight to him and the real estate company.

Re: What would you do ?
 

They moved here from Chicago 2 1/2 weeks ago and jumped right in , He never checked the survey papers just started cutting , He hired a local excavation crew that were supposed to start on Tuesday $20,000.00 . and he canceled them . Chickens are still there along with the coop ,hasn't repainted the gate like he said he would Tuesday and he's still wanting a release from liability for him and the real estate company or they won't cancel the sale and refund his money. So now that's my fault .? :smoke:

Re: What would you do ?
 

WTH? How typical. City folk come to the country. They put the cart ahead of the donkey, chicken coupe full of chickens before they have a way to tend them. Is there water there? Citifoo!

Re: What would you do ?
 

My good neighbor is taking care of the chickens until we find them a new home ,I'm 60 miles away so no I'm not running down there everyday , I have no idea what this guy is planing but I don't want the chickens dying , He's already proven he's not the brightest color crayon in the box . I've already put in a call to the real estate attorney we used when we bought the lots , I already have too many projects . :smoke:

Some peoples kids ! This guy is 43 !

Re: What would you do ?
 

So to get things in perspective. Guy buys a lot based on a realtors falsified picture and docs. Goes to said property and notices a different number on the gate. Apparently goes hmmm?, changes numbers and proceeds to develop lot. Gets caught on wrong property--gets called out on it and they're mad at you??
I don't think you can go wrong with an Attorney here. Do things like this go through a title co in GA.? A lot of people in trouble here, don't sign off on anything here until you're happy with the results. What about selling him your lot (since he damaged it already) and have the realtor or the title co. pay for it? See if you can work it to your advantage and walk away with some cash, you said you thinking of selling anyways

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Yeah , I'm the bad guy because I won't sign a release to him and the realty company so he can walk away and I get to clean up this whole mess on my own dime . Anybody want some lightly used chickens ? It's a deed restricted subdivision No chickens allowed . :smoke:

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He knows he's in the hot seat with the sign this now deal...
Time is on your side, I hope you rail this guy for a ton....he deserves a hard spanking!

Re: What would you do ?
 

He needs your release of liability because no bank in their right mind would lend the kind of money needed for construction to a guy who's in the middle of a land / real estate lawsuit.

From my perspective, he needs you more than you need him.

I'd be interested to see what your lawyer has to say about it. If he thinks you have a decent shot, (and I hate to say this but..) lawyer up. Im pretty sure that the real estate agent will get drug into "the proceedings" as well and would think at that point there may be two parties interested in having a civil discussion about how to make things right with you.

I think that taking care of the chickens is pretty stand up of you and your "good" neighbor and it also shows you are acting in good faith to not escalate the situation.

I've had neighbors try and take land at the only two homes that Ive owned (granted, not the entire lot :lol:) and just reading this is making my blood boil.

Hope it is resolved quickly and to your satisfaction.

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It ain't over yet. Next you might get a letter about those chickens you are keeping on your lot in clear violation of restrictions :rolleyes:

It's a good thing the neighbor called to ask what you sold the lot for!

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What a mess ..This is what I can see might happen .. you sue both the guy and the real estate company and then one of then sue the other and like so many times this gets dragged out in court all the way into years.. I think you got to sue ,,but I bet it takes a long time to settle ,, hope I am wrong Grumpy .. never heard anything quite like this before..

Re: What would you do ?
 

At some point, you got to decide whether it's worth it. The only item of monetary value involved is the trees.

Were those trees ones that you would have cut down anyway to develop your lot? Are they really worth anything as saw logs? Here in Virginia, the logs(oak) are usually just stacked to the side for the next woodchuck guy who comes along looking for cheap firewood. It's seldom worth hauling a single load of saw logs into the mill.

If you're intending to sell the lot, just move the chickens to his lot, hire a guy with a skid steer to tidy everything up a bit, remove the gate and sell it to a local farmer, then list the lot with a local real estate agent.

Re: What would you do ?
 

Here are some pictures , We need to go back and get more and have an Arborist come in and count , Measure and classify the # of tress that are down or damaged if you look closely you can see the orange X's paint on many of the trees he planned to take down . Also the chicken coop he built and a chicken run he used some of the 4' cyclone fencing I had on the property and nailed it to the trees for a chicken run , I'm calling animal control today about the chickens he left there . I also had about 60 cinder blocks there and he used them to build a fire pit . Its a mess . I offered to sell him the lot ,He told me that would cut into his home building funds and he didn't want it now :smoke:

Re: What would you do ?
 

What an idiot. That sure sucks bad. Hope you can get it resolved in a way that benefits you.

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Most if the trees on that lot are white oak , I'm not sure how to get orange paint off a tree . he doesn't have any clue on how to build a chicken coop , How would he even try to build a house ? :smoke:

Re: What would you do ?
 

The value of the trees was aesthetics live healthy trees for the buyer of the land to decide what they want to do with them , So you want me to hire a bobcat crew to clean up the mess and deliver the chickens and coop to him ? Maybe I should run up to Walmart and get him a nice lounge chair and some beer so he can be comfortable while we take care of the problem for him ? Not many farmers around here have purple gates and a couple new ones are about $300.00 and I have to remove and re install what I already had before this guy came along . Nahh ! I think it's already past time for the Sheriff to get involved , He had a chance to make things right and he said he didn't have time . Now he will have to make the time . :smoke:

Time to go back to being Grumpy old man , Being mr nice guy isn't working !.

Re: What would you do ?
 

I would say you are correct here. We all can make mistakes, it is what we do after we realize a mistake was made that tells everyone who we are. Looks like this guy has to learn the hard way. It may take a while to get your restitution but you know you are in the right and this is not a small amount of money we are talking about. If it were $1000 or less I'd say it's not worth the hassle but this is way north of that in damage.

I have a dearly departed colleague that used this statement and I have used it a few times myself, "You are going to make me be an ***hole aren't you?"

Re: What would you do ?
 

You are way nicer than me would have already had the Sheriff out the second he missed your deadline. If the listing is still up with pics of your property don’t forget to screenshot it for evidence. Time to get an estimate to repair the property to the condition before he stepped foot on it google earth should have a good above view of the property. Then don’t forget additional damages for time, stress, and aggravation.

Re: What would you do ?
 

I've never followed a thread so closely I want to know what happens next. The world is full of idiots and I accept that, but this guy is really something else, most idiots know they are idiots and apologize for it. Hoping for some comeuppance.

Re: What would you do ?
 

I am Following also.

I am Mad for you also:devil:

I hope you can get this resolved.

He's taking away from your Truck time.:chevy:










,...../////////

Re: What would you do ?
 

As for what I'd actually do, my pit bull of a wife would have our attorneys all over it. Pretty sure that our attorneys are as good or better than his. I wouldn't have to do anything but watch the fur fly. :lol:

Re: What would you do ?
 

You know , At first I was really mad and after talking it over with Mrs Grumpy last Monday night after the first time he called me screaming about being on his land , Then Going to the courthouse and proving he had made a huge mistake , We gave him to the next day to take care of some of the issues , Moving the chickens and coop , removing his equipment fixing the gate replacing the gate lock , and other than removing the tools he rented from the local equipment store that needed to be returned , The chickens are still there being cared for by a neighbor until animal control can pick them up from being abandoned by him and then he cuts down another tree on "his" land and takes out a power line for the whole subdivision . And then calls screaming he wants a release from liability for him and the real estate company so he can buy another piece of land he found. I had another discussion with Mrs Grumpy last night and this morning and her final response was , Well Mistakes were made and we gave him a chance to fix the easy things to fix , He didn't do any of them , He chose to cut down more trees and took out the power , The chickens are still there , Some times you just can't fix stupid . So Now it's with the sheriff and lawyer it's what they do for a living ... Fixing Stupid . :smoke: On top of everything else he'll be charged with animal cruelty .

Re: What would you do ?
 

I believe he is liable to the power company for his damage to their equipment.

Tapping into his building fund if he buys your property? He tapped into his building fund when he so hastily jumped onto land he bought sight unseen and never got directions to from the realtor. He should put his lot, where ever that is, up for sale to buy yours. He seemed to like it :lol:

Re: What would you do ?
 

First off… I’m sorry to see you n the situation grumpy.
Lawyer…you need to see one before you do anything else. They can advise you of all your rights. You stated you are going to see one that sold you the lot so I hope he or she deals n land deals solely. Laws can vary from state to state, so getting anyone else involved before this could b a waste of more time and money. If there are charges to be brought, then let them file the paperwork for you.

Sheriff…..This may sound crazy but, they enforce the law but they don’t make the law so just going and getting there opinion on things may not work out like you think. You can get him for trespassing , destruction of private property and harassment. But he is no longer on your property so tracking him down to serve papers may take some time if you don’t know where he lives.

What ever you do, don’t sign ANYTHING!! You are giving away your legal rights when you sign a release. That’s why the real estate company wants you to do so now. They know there is a possibility they could wind up in hot water over all this. If someone can prove there wasn’t full disclosure by them in this matter, then the agent, along with the company it’s self could wind up paying for this whole matter. You have taken the high road in this matter and I commend you 4 it.I hope I am wrong but I think in the end you are going to be left to clean up the mess. Is it right…NO! But…it takes money for a lawyer,. It takes money every time you go to court. At some point ,you may just say ..”I will take care of this matter myself.” Like dewayne(getter -done) I’m in this all the way to the crash site.

Re: What would you do ?
 

I doubt the law will do anything. The response will be that it's a civil matter. You might get him on vandalism, but doubtful.
As far as the chickens, maybe put an ad up on craigslist or facebook. You might get a few bucks for them or let them go for free. Anything on your property is yours to dispose of as you see fit.

Re: What would you do ?
 

Step 1: Buy that neighbor a case of their favorite beer or bottle of Rum, etc. Except for that phone call, you might have had a clear lot and half assed built house to deal with.

Step 2: Contact lawyer. The real estate company knows they bear some responsibility for giving their client the wrong info. One of their basic functions is to get their client settled on the proper land with the title searches and other inspections properly done. They have the deep pockets and know they will be included in any lawsuit. Bet they are the ones pushing for a liability release.

Step 3: Advise the local sheriff and county tax assesor of the situation and that you have already engaged a lawyer. Could well stop any action regaurding code violations which would be sent to you as the land owner of official record.