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Old 03-03-2024, 04:04 PM
 
172 posts, read 116,994 times
Reputation: 164

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A "colorful" neighbor in our rural subdivision has moved out and now their house is for sale. I've had trouble with their realtor putting up signs on my roads, having their clients park on my land and also falsely representing what can be done on the property that's for sale (in breach of the subdivision covenants). While this neighbor has easement rights to pass through my land (it's a big property, 100's of acres and miles of roads) it's for ingress and ingress only! No parking!

Initially the realtor was understanding and we had a civil discourse, but the second time round she refused to take down the sign and was extremely unprofessional (basically giving me an earful about how I should be conducting my business on my property). The next time the realtor came, she let her client park on the easement (my property) and they then walked on another mile to the house for sale. I don't want potential buyers thinking the easement is "community land" like my neighbors keeps trying to convince everyone. To be clear I've had massive problems with people ignoring the laws and trespassing on my land. This is no petty complaint! Dealing with this crap is a part time job. I've had over 100 incidents in the first 18 months, some involving law enforcement. I'm not even including roaming dogs in that total - that's still a daily problem.

It's been a massive effort to get things to where they are now (maybe one violation a month), and I don't want to go back to how things were with a new neighbor, that's been mislead about their easement rights & the covenants rules.

What recourse do I have with this realtor if they keep this crap up? Do they have an ethics board I can voice my concerns to, or should I call their boss?
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Old 03-03-2024, 04:23 PM
 
Location: Florida & Arizona
5,975 posts, read 7,365,693 times
Reputation: 7591
First, I would call their broker if they're not the one who has the brokerage.

Second, I would do some research and see if there is a local or regional realtor's industry group, typically connected with the same area's MLS. See if they have membership and bylaws, possibly a complaint mechanism.

Third, if necessary, go to the state. I'm sure whatever state you're in has a licensing board or something of the sort who also has a complaint capability. Speak to them.

You might also have law enforcement have a "casual" chat with them next time they trespass. If you've been able to get the incidents lowered to a point where the LEOs have a lower workload, they're going to want to preserve it and could possibly impress upon this person to respect your land and minimize their impact.

Good luck!

RM
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Old 03-03-2024, 04:28 PM
 
1,212 posts, read 501,942 times
Reputation: 1437
If that the agent keeps it up
1) document it
2) file a complaint with the state agency that oversees real estate brokerage licensing.
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Old 03-03-2024, 04:38 PM
 
Location: Dallas/Ft. Worth, TX
3,067 posts, read 8,405,839 times
Reputation: 5714
Quote:
Originally Posted by Mr Blank View Post
A "colorful" neighbor in our rural subdivision has moved out and now their house is for sale. I've had trouble with their realtor putting up signs on my roads, having their clients park on my land and also falsely representing what can be done on the property that's for sale (in breach of the subdivision covenants). While this neighbor has easement rights to pass through my land (it's a big property, 100's of acres and miles of roads) it's for ingress and ingress only! No parking!

Initially the realtor was understanding and we had a civil discourse, but the second time round she refused to take down the sign and was extremely unprofessional (basically giving me an earful about how I should be conducting my business on my property). The next time the realtor came, she let her client park on the easement (my property) and they then walked on another mile to the house for sale. I don't want potential buyers thinking the easement is "community land" like my neighbors keeps trying to convince everyone. To be clear I've had massive problems with people ignoring the laws and trespassing on my land. This is no petty complaint! Dealing with this crap is a part time job. I've had over 100 incidents in the first 18 months, some involving law enforcement. I'm not even including roaming dogs in that total - that's still a daily problem.

It's been a massive effort to get things to where they are now (maybe one violation a month), and I don't want to go back to how things were with a new neighbor, that's been mislead about their easement rights & the covenants rules.

What recourse do I have with this realtor if they keep this crap up? Do they have an ethics board I can voice my concerns to, or should I call their boss?

Hmmm. Put up signs along the easement stating "No Tresspassing" & "VIOLATORS WILL BE SHOT!!!". Then plant a bunch of crude crosses and grave markers along the easement on your property. Make sure some have freshly turned earth at the markers/crosses. Even if the RE Salesperson knows what's going on I doubt any potential buyers will or will want to deal with such a neighbor. After awhile of potential buyers passing on the property maybe the RE Salesperson will start to listen to you and show some respect to your wishes. Or maybe the property price will get reduced where you can afford to buy it and put an end to it.


If that doesn't work then you can take the route MortonR listed.
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Old 03-03-2024, 04:56 PM
 
Location: Alexandria, VA
15,142 posts, read 27,760,706 times
Reputation: 27260
Wondering how they are "your roads"..........
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Old 03-03-2024, 05:15 PM
 
172 posts, read 116,994 times
Reputation: 164
I've have multiple no trespassing signs, they get ignored. The only thing that really helped was very visible, solar powered cellular game cameras at every intersection and entry/exit points on my property. So now, if someone enters my property, but does not appear on any other cameras, I know they are on my property.

The police say that if the trespass occurs on the easement, then it's a civil matter.

Even when it doesn't involve the easement, police don't really seem to care if no damage occurred. And even when it has, they urge me not to press charges, but admit I'm within my right too do so.

As far as the Realtor, I have all the evidence I need. The covenants expressly say I can even recover any reasonable legal cost if I have to sue (provided I win). I don't really want to do this since it's a time suck and the neighbor has already left.

I think I'll have a talk to the realtor's boss as a first step.
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Old 03-03-2024, 05:19 PM
 
172 posts, read 116,994 times
Reputation: 164
Quote:
Originally Posted by Flamingo13 View Post
Wondering how they are "your roads"..........

Because the roads are on my land . I've had a survey done. Even the plat map for the subdivision shows them on my property. Neighbors have the right to ingress and egress only, no parking.
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Old 03-03-2024, 05:27 PM
 
172 posts, read 116,994 times
Reputation: 164
Quote:
Originally Posted by escanlan View Post
Hmmm. Put up signs along the easement stating "No Tresspassing" & "VIOLATORS WILL BE SHOT!!!". Then plant a bunch of crude crosses and grave markers along the easement on your property. Make sure some have freshly turned earth at the markers/crosses. Even if the RE Salesperson knows what's going on I doubt any potential buyers will or will want to deal with such a neighbor. After awhile of potential buyers passing on the property maybe the RE Salesperson will start to listen to you and show some respect to your wishes. Or maybe the property price will get reduced where you can afford to buy it and put an end to it.


If that doesn't work then you can take the route MortonR listed.

As funny as that might be, I'm just not the type to try to sabotage someone's home sale!

Anyway, I don't have too. The seller has it way over priced! If it were just land I would have already bought it. I have no need for another house however.
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Old 03-03-2024, 05:36 PM
 
Location: Lost in Montana *recalculating*...
19,743 posts, read 22,635,943 times
Reputation: 24902
Quote:
Originally Posted by Flamingo13 View Post
Wondering how they are "your roads"..........
I don't know about the OP but every lot in our area owns either all of the road or some of it. My property 'owns the road'. There is a right of way granted to all lot owners, and we can freely travel on 'the roads', however no one has the right to use it other than for ingress/egress.

If someone parks a camper on my piece of the road, I have to call and have it towed. If some one say, tries to improve my part of the road- they have to get my permission (never happened but it could).

So yeah a 1,000 ft of 'road' in my subdivision is owned by me.
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Old 03-03-2024, 05:43 PM
 
15,398 posts, read 7,464,179 times
Reputation: 19333
Give the agent a trespass notice that allows ingress and egress but no parking. If she ignores that, it's criminal trespass in most places. Have the client(and realtor) vehicles towed, but put up signs that say "No Parking. Ingress/Egress only. Violators will be towed"
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