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Old 09-11-2011, 03:48 PM
 
4 posts, read 37,927 times
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I am new to this so please forgive my clumbsiness. I own a farm in Maryland that surrounds a non family member farm. This non family member has been a problem for years. There are too many issues to go into here but recently he is teaching riding lessons and riding his horses on my land. I have told him this is trespassing ans sent a letter telling him to stop but he said he has a 30 ft easement that allows access. This is not my understanding of appropriate use of a right of way. He current rents several acres from me but the land in question is not even close to the area that he is renting. Any thoughts would be appreciated.
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Old 09-11-2011, 05:07 PM
 
Location: North Beach, MD on the Chesapeake
36,415 posts, read 46,984,604 times
Reputation: 47333
You said in the other thread that you had consulted an attorney, what was the advice?

How did this situation develop, it has been illegal in MD for decades to sell a landlocked piece of property. Your 30 ft. easement needs more explanation.

Is this a long time owner or someone new? If new he obviously doesn't understand the limitations of his property or is choosing to ignore them.

I would cancel the acreage rental if possible. As it is, this is a substantial piece of property, around 115 acres total if my math is correct. Is it pasturage, wood lots or a combination?
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Old 09-11-2011, 07:24 PM
 
Location: Lexington, SC
4,281 posts, read 11,425,932 times
Reputation: 3737
Quote:
Originally Posted by Porttownsend1 View Post
I am new to this so please forgive my clumbsiness. I own a farm in Maryland that surrounds a non family member farm. This non family member has been a problem for years. There are too many issues to go into here but recently he is teaching riding lessons and riding his horses on my land. I have told him this is trespassing ans sent a letter telling him to stop but he said he has a 30 ft easement that allows access. This is not my understanding of appropriate use of a right of way. He current rents several acres from me but the land in question is not even close to the area that he is renting. Any thoughts would be appreciated.
Free answers are generally worth what you paid for them.
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Old 09-12-2011, 05:15 PM
 
4 posts, read 37,927 times
Reputation: 11
Quote:
Originally Posted by North Beach Person View Post
You said in the other thread that you had consulted an attorney, what was the advice?

How did this situation develop, it has been illegal in MD for decades to sell a landlocked piece of property. Your 30 ft. easement needs more explanation.

Is this a long time owner or someone new? If new he obviously doesn't understand the limitations of his property or is choosing to ignore them.

I would cancel the acreage rental if possible. As it is, this is a substantial piece of property, around 115 acres total if my math is correct. Is it pasturage, wood lots or a combination?
The property was sold in the 1980's with a right of way attached so the land can be accessed. This is a different right of way than the one I spoke of previously. A road was built so that he could access his property. They have now built a house and barn on their 15 acres, and rent a few more acres from me. The attorney said basically that the rental contract was written so poorly that he has all the protection and I have none ( never go to a friend for legal advice even if they did graduate from law school) I discovered the person was selling hunting rights to my property, but the attorney didn't really want to take it to court. I sent a bunch of letters to him telling him that he needed to stop using land he hasn't rented. He stopped for a year but has started up again. This person has gotten in his car and chased me off of the farm, I could go on and on. I am trying to avoid having hiim arrested but my options appear to be limited. I am trying to not escalate this.
The lease is a long term lease where he has the option of renewing but it says nothing about my right to refuse. The attorney I consulted seemed to think that I couldn't refuse the extension if the renter wanted to renew. I would be fine with renting the property to him but using the land that he isn't renting is not okay. You asked about what the land was. It is a mix of fields and woods - the area that he is using which he does not have permission to use is wooded. Part of the problem is that I am an absentee owner and they live there.
So I guess one of my questions is what are my inate rights as a landowner and landlord. At what point can I evict even with a lease that makes no provisions for that.

Last edited by Porttownsend1; 09-12-2011 at 05:17 PM.. Reason: Spelling
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Old 09-12-2011, 05:41 PM
 
Location: Tempe, Arizona
4,511 posts, read 12,497,738 times
Reputation: 2197
It seems like your only option is to go after him for the trespassing. From what you said, you don't appear to have grounds to evict him if he is not violating your lease terms. Can you hire someone to look after the property and deal with trespassers?
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Old 09-12-2011, 06:41 PM
 
Location: Mokelumne Hill, CA & El Pescadero, BCS MX.
6,958 posts, read 20,269,875 times
Reputation: 6420
I'm guessing there is no fencing that would delineate the property being leased. If that's the case some marking and signage might help you to enforce the access to the property that he is not entitled to.
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Old 09-12-2011, 08:14 PM
 
4 posts, read 37,927 times
Reputation: 11
I have posted it and he has taken down the signs in the area that he is tresspassing. I have a sheriff who acts as a " property manager" on his off time but he has been away recently. I am hoping to walk the property with him this weekend. I am sure he is going to use the "Oops" argument but believe me, this person knows exactly where his property lines are. I really hate to go the arresting for trespassing route and had really hoped we could work together as neighbors but this person clearly feels entitled. I hate to think that I will be forced to sell property that has been in my family since the 1600's because of this jerk but I'm kind of at a loss. Thanks for your thoughts.
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Old 09-13-2011, 10:54 AM
 
Location: southwest TN
8,441 posts, read 16,082,638 times
Reputation: 15870
Why would you be "forced to sell"?
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Old 09-15-2014, 11:28 AM
 
Location: North Carolina
1 posts, read 1,140 times
Reputation: 10
I'm new to this forum but I hope you found a resolution to your troubles I'm having something similar happening after we had our land surveyed, the next door neighbors put up a fence nearly 50 ft over our property and put a 2 section cattle gate and fence stopping entrance to a surveyed and deeded cul-de-sac on a right of way easement as well they are trespassing over our property at a 12 foot section of the cul-de-sac which crosses our common property line.they own property at various points along the cul-de-sac they should be using instead of trespassing over ours.We contacted and attorney and he first instructed us to send them a certified return receipt letter giving them a time to move the fence and gate that was on our property,which we did and they slowly proceeded to move the fence and gate only after two different sheriffs deputies came out. They told us and the deputies they were going to move their driveway off our property on three occasions but after a month they have not lifted a finger to do so much as anything.We also advised them in the certified letter to not trespass on our property anymore as well no luck yet with that part. I need to know if it is legal to put up a fence blocking their trespassing on our property since they are trespassing illegally and have been given a time to stop which has since gone by ?

Last edited by mrpacman; 09-15-2014 at 11:41 AM..
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Old 09-15-2014, 01:42 PM
 
5,048 posts, read 7,953,646 times
Reputation: 4166
You've got to find a solution because this guy is the type who'll claim adverse possession and squeeze you out somehow.
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