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There is already a sign post directing people, it just doesn't have anything saying the house is for sale or the realtor's name. I built the sign and put it in the ground myself. I let the realtor put a sign out the front of my property on the public right of way, but not on my land.
The easement agreement specifically states no parking on the easement. So yes, it is a big deal if someone goes into the sale thinking they can just park on my land and walk in every time there's too much snow for their FWD car!!
Do you call having someone cut down a 500 year old tree and stealing the wood, looking for problems? What about someone cutting a fence and building a short stretch of road on my land that joins my main road? Is that me just looking for problems? What about the time I had a neighbors dog bare it's teeth and lunge at me, all while I'm on my own property. How about the time I caught a neighbor (on camera) from outside the subdivision (no easement rights) riding an ATV on my land (not just the easement), tearing it up. We have crypto soil here so any damage is permanent. A few weeks later, the same neighbor (who has no easement rights) appears on my camera again at 2:35am with what looks to be a prostitute. Yeah, it's just me looking for problems
If it were me I would have a chat with the Sheriff, post signage that it's private property and call them when someone violates your property.
I had some yahoos shooting from their vehicles on my road 'property'- I went down to ask them to leave but they sped off. I did get a picture of the truck and plates. Called the sheriff- they dragged the two teenagers back to my place to apologize, and I let them know they were lucky they weren't my kids or they would have 1/2 an azz left after I got done with them.
Maybe things are different in your area/city/state, but in FL homeowners do not "own the road" it is either owned/maintained by the local gov't (city/county/state) or if it is an HOA it is collectively owned/maintained by the entire community and not a single owner. Posting of real estate signs is primarily enforced by the local zoning office and the if in an HOA the rules for sign posting should be listed in the Codes and Covenants of the community. Before taking any action yourself, consult with an attorney. Never assume you have rights that may not be available to you.
I own homes in 2 different HOA's and I have no individual ownership of a single inch of those roads in either community. They are collectively owned by the entire community and I don't have any right to alter those roads without permission from the board of directors. Clearly you are assuming too much.
Was I talking to you? No. Apparently you think the world is comprised of HOA's.
A lot of people put up a gate with a lock for easements that cross their property. They're only required to give access (a key or gate code) to people who have legal access to the easement. (this varies depending on location/situation). If things got difficult (like you describe) the owner of the gate could require the parties with easement access operate the gate. That means no realtors etc unless they were there to provide access and (hopefully) follow whatever fair access rules exist.
That's a good idea. There's an old gate there already, but I dare not start asking the neighbors to use it (even though I legally could). They would never close/lock it anyway. My only option is an electronic gate opener, as they close and lock themselves. I've already had quotes to have the work done, it's over $15K for a nice arbor and gate. Not sure if we'll do it this year or not.
There is both the state licensing dept, probably a board of some kind, and the realtor's association if she's a member. Both have enforcement mechanisms and the ability to warn, sanction, and fine members.
I am not sure that will bring you the best result though, unless you can prove that the listing agent is giving bad directions and instructions to those who come to look at the property. If the property is being shown normally, the listing agent isn't present when these people are coming to look. They're following directions they're given, sometimes correctly, sometimes not. It would be on those buyer's agents to follow the instructions and convey the covenants to the prospective buyers. They may only show the property once. They're not going to be as educated on it as you may want, if the situation is complicated.
So you can go after the realtor(s) if you want, but that doesn't actually solve the problem, it doesn't get the correct information into the heads of the next buyer.
You would probably get the best actual results with the next buyer if you posted an informational sign, perhaps with flyers that potential buyers could take and read, with correct and pertinent information about the ownership of the road and the lands and the details regarding the easement and use of the land and whatever other information you think is not being shared correctly, with your contact information on it in case they want to chat or ask questions.
Post it at the head of the road.
Thanks for the suggestions. The listing agent told me she is relying on people using their GPS to find the house. That doesn't work here, never has. Providing proper directions in the ad is too much for the realtor, even though it only involves two distance measurements, and a single turn... go a mile, turn left and go another mile.
I don't want to "go after the realtor". I just want her to stop violating the covenants and/or my private property rights. With spring coming up, I want to be ready to take action if She pulls the same crap as she did in the fall.
I have thought to put up signs, but my experience is people don't read them anyway or at least that's what they claim.
If it were me I would have a chat with the Sheriff, post signage that it's private property and call them when someone violates your property.
I had some yahoos shooting from their vehicles on my road 'property'- I went down to ask them to leave but they sped off. I did get a picture of the truck and plates. Called the sheriff- they dragged the two teenagers back to my place to apologize, and I let them know they were lucky they weren't my kids or they would have 1/2 an azz left after I got done with them.
You've received what seems like a lot of good advice here, but I'd do one thing BEFORE any of those steps: Put you're complaints/ concerns in writing and send it to agent, the BIC and the owner of the property for sale (they hired this agent). Send it be email or certified return receipt snail mail.
That eliminates the excuse of 'nobody told me.' Face-to-face and telephone conversations are useless as proof. Use your phone to Take photos and video of further trespassing. It automatically includes the date and time in the Metadata.
There is already a sign post directing people, it just doesn't have anything saying the house is for sale or the realtor's name. I built the sign and put it in the ground myself. I let the realtor put a sign out the front of my property on the public right of way, but not on my land.
The easement agreement specifically states no parking on the easement. So yes, it is a big deal if someone goes into the sale thinking they can just park on my land and walk in every time there's too much snow for their FWD car!!
Do you call having someone cut down a 500 year old tree and stealing the wood, looking for problems? What about someone cutting a fence and building a short stretch of road on my land that joins my main road? Is that me just looking for problems? What about the time I had a neighbors dog bare it's teeth and lunge at me, all while I'm on my own property. How about the time I caught a neighbor (on camera) from outside the subdivision (no easement rights) riding an ATV on my land (not just the easement), tearing it up. We have crypto soil here so any damage is permanent. A few weeks later, the same neighbor (who has no easement rights) appears on my camera again at 2:35am with what looks to be a prostitute. Yeah, it's just me looking for problems
So explain to me why you're getting so bent out of shape about someone parking on the side of the easement, assuming they aren't impacting traffic, and walking down the easement to view the property for sale? How is your life negatively impacted by this occurance? How is a sign out on the public right of way letting prospective buyers know a property is for sale and where it is negatively impacting you?
Look, it seems you're "right" by the letter of the law here. However, sometimes acting on "right" isn't worth the negativity it brings to your life and this seems to be one of those instances. What do you get for being "right" other than wasting a bunch of your time and creating stress for the pleasure of being right for a one time occurance. Maybe you get a lower property value for you and your neighbors by chasing away good buyers. Congrats.
So let me ask you, is being right that important to you, or are you better off just carrying on with your life?
Obviously you're mixing up issues here with the home for sale vs. what your other neighbor has done with with a nearby home for sale. There is a difference between vandalism by a neighbor and a prospective buyer walking down a road to see a house for sale. Anyway, you do you chief but you're headed for a stroke or heart attack if you don't relax some.
Was I talking to you? No. Apparently you think the world is comprised of HOA's.
It is not.
If you meant to say driveway instead of road, I didn't see that distinction in your post. We don't have to agree but I am trying to keep this civil. Have a good day.
BTW: this is considered an open forum and as long as the members follow the forum rules, anyone can comment on any post at any time.
Last edited by dontaskwhy; 03-04-2024 at 08:45 AM..
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