The Washington Right to Farm Act provides that agricultural activities conducted on farmland, if consistent with good agricultural practice and established prior to surrounding non-agricultural activities, are presumed to be reasonable and therefore do not constitute "nuisances" that may be prevented in a lawsuit.
Originally posted by 84fiero123: The fence will be right on the property line and owned by us, nothing they can do about it now.
Just a suggestion, but I would put the fence inside the property line - not right on it. Make sure that if the surveyor runs a string along the property line that no part of the fence would touch it. That will prevent future complaints about the fence (or at least be an easy decision in your favor).
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03:01 PM
dguy Member
Posts: 2416 From: Beckwith Township, ON, Canada Registered: Jan 2003
They lost 40’ of length and now their septic and garden is on our property.
Y'know, it would be a real tragedy if you started digging on your side of the property line and "accidentally" plugged up the outflow from their house to the septic system.
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03:10 PM
blackrams Member
Posts: 31844 From: Hattiesburg, MS, USA Registered: Feb 2003
Originally posted by Raydar: You ought to figure out a way to charge them for this transgression. (That might not be possible since it has been that way for so long.) If you can do it, and they don't pay, place a lein on the property. If nothing else, you can tie up these morons (and their money) in court for years.
If I might make a suggestion, now would be a good time to offer to bury the hatchet. You might consider, now that the legal boundaries has been established that you could cease fence building activities and just go with some kind of marker if they will back off and pay for half the survey. This would save you the expense of building that fence and hopefully make them decent neighbors. I doubt they will accept the offer but at least you've got the upper hand now and if you do end up going to court, it would look very good for your side of the argument. Just a suggestion. I've only had one bad neighbor in my life and I know they can make everyone miserable. Best of luck to you and yours.
------------------ Ron Freedom isn't Free, it's paid for with the blood and dreams of those that have gone before us. My imagination is the only limiting factor to my Fiero. Well, there is that money issue.
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03:13 PM
84fiero123 Member
Posts: 29950 From: farmington, maine usa Registered: Oct 2004
We tried to be reasonable in the beginning, even after they called us at 12:30 AM about the animal noises.
I just got up from my nap and we had some thunderstorms so the surveyors won’t be doing the pins today.
I really don’t blame them, Lightning, steel posts being driven in the ground. You ain’t getting me out there ether.
But also the surveyors called also while I was sleeping and said that they had found some fresh cut saplings way over the property line on our side.
The Maine Forestry Service called to tell us that they will be by next week to look at the damage, and they will take care of getting the estimates for damages and even getting the paperwork for our insurance company. And serving them with, (sorry this is not the right term), forest trespass.
That is a criminal offence here in Maine and they will have to pay us what those trees would be worth at full maturity. We may end up with their property free of charge because they were such aholes and so stupid.
The fence was to keep their dogs out of our barn. their Lab. kept getting in our barn because they let it run loose.
Have a good Fourth.
------------------ technology is great when it works and one big pain in the ass when it doesn't. Detroit iron rules all the rest are just toys.
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04:49 PM
Marvin McInnis Member
Posts: 11599 From: ~ Kansas City, USA Registered: Apr 2002
Let me be sure we understand. Your property is in Maine, but you're citing a Washington state law. Is that correct?
I sympathize with your situation, but I don't think there's any way it's going to turn out satisfactorily for either you or your neighbors. I wish I had some good advice to share with you, but I don't.
[This message has been edited by Marvin McInnis (edited 06-30-2006).]
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05:29 PM
84fiero123 Member
Posts: 29950 From: farmington, maine usa Registered: Oct 2004
Let me be sure we understand. Your property is in Maine, but you're citing a Washington state law. Is that correct?
I sympathize with your situation, but I don't think there's any way it's going to turn out satisfactorily for either you or your neighbors. I wish I had some good advice to share with you, but I don't.
Why is it people, like you read the last post or last couple of posts and think they have the whole story.
It was the first one I found, every state has a right to farm law made to protect farmers from the encroachment of city folk.
------------------ technology is great when it works and one big pain in the ass when it doesn't. Detroit iron rules all the rest are just toys.
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06:02 PM
Formula88 Member
Posts: 53788 From: Raleigh NC Registered: Jan 2001
I know how you feel.. We had neighbors like that a year ago.. they even had a teenage daughter that was 200+ pounds above the legal limit sunbathing in the backyard about 10 feet froom our rear deck at times (once topless) *shudder*
So what are the whale hunting laws like in kansas ?
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06:08 PM
84fiero123 Member
Posts: 29950 From: farmington, maine usa Registered: Oct 2004
C. The farm or farm operation existed before a change in the land use or occupancy of land within one mile of the boundaries of the farm as long as, before the change in land use or occupancy, the farm or farm operation would not have been considered a nuisance. This paragraph does not apply to a farm or farm operation that materially changes the conditions or nature of the farm operation after a change in the land use or occupancy of land within one mile of the boundaries of the farm. Nothing in this paragraph affects the applicability of any of the other provisions of this section. [1999, c. 723, §2 (new).]
[1999, c. 723, §2 (new).]
------------------ technology is great when it works and one big pain in the ass when it doesn't. Detroit iron rules all the rest are just toys.
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06:14 PM
PFF
System Bot
Marvin McInnis Member
Posts: 11599 From: ~ Kansas City, USA Registered: Apr 2002
Why is it people, like you read the last post or last couple of posts and think they have the whole story.
No need to get defensive. All I know about this situation is what you have posted here. Yes, I have read the entire thread and I really do sympathize with your situation as you have described it.
It was a good question... I was also wondering why you were quoting Washington State law. Since Maine has a similar set of regulations/laws, then John was right that it's a State issue, not Federal. Good thing you didn't get to build your fence where you started... if Maine laws are similar to here. Spouting from off the cuff, I believe the rule here is that if a section of property is fenced off and maintained for 7 years by a neighbor, it becomes theirs. So if you set a fence back inside your property line and you neighbor maintains their side including your part, that becomes the property line if they push the issue and can document that they've maintained it for the required time period. I've warned a friend with a building that has had a neighbor install a fence coming right off the ends of her building (about 4 feet over the property line). The neighbor is a pita and won't allow her access to her own property to work on her building when they aren't there to unlock the gate. With that attitude I suspect they intend to claim right up to her building and then play another game where her building is to close to the property line and attempt to force it to be moved or torn down... ie. steal the whole thing by making her life very expensive in the defense of what is hers. I told her she needs to file suit against them for the fence, damage to her building where they bolted it right onto her property, and for regrading their parking lot so it drains under her building.
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09:54 PM
lurker Member
Posts: 12351 From: salisbury nc usa Registered: Feb 2002
Originally posted by Formula88: Just a suggestion, but I would put the fence inside the property line - not right on it.
agree. some neighbor kids were running around on an atv and continually went over the property line. since we had a survey done, we knew precicely where the line was. i strung a strand of barbed wire exactly 4" inside the line, well marked with flourescent tape, and it wasn't 24 hours before we caught an atv. the wire blew the tire and got all snagged up in the axles, but we never heard a word about it from the neighbors, and they never drove the atv near the line again.
Am sorry to hear to what Happen I hope evrything work out one way or another .. this would be my fence to my Neighbors if the would be trouble to me good luck
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10:59 PM
84fiero123 Member
Posts: 29950 From: farmington, maine usa Registered: Oct 2004
Maine farm laws allow the fence to be right on the property line to contain animals. The fence will be put in our and next doors deed as belonging to us and solely maintained by us.
Scott you are right about that putting it up while leaving a exess distance can be taken over by the other property owner. We had no problem with what we thought was the original property line, they did, they have only been here less than 6 months, we have been here 10 years.
If the bitchh next door had just not tried to grab more land than they were really allowed they would have been to the better, but they didn’t. They tried to push the boundaries so that they had even more land. The surveyor called them property bullies. People who try to push people into just letting it go, like some here have said, Be a good neighbor don’t rock the boat.
I think they thought we were uneducated, farmers with no funds, they were wrong. They even tried to bully the surveyors telling them they were doing it wrong, that they didn’t want them on their property.
People like these should not try to take advantage of anyone and I think they are beginning to see that we are not going to cave in to there intimidation.
Hell when we first met them my wife brought them Home made bread and farm fresh eggs, we tried to be good and neighborly.
Someone said in an earlier post that they sounded like they were nomadic, or gypsies. I think they were right.
Move someplace try to intimidate and take over more land than they really own, then sell at a profit and move on to the next victim.
The house is on the market for 19,000 dollars more than they paid for it less than 6 months ago.
Notice all the furniture is brand new, they came with no furniture, not even dishes, they bought it all when they got here.
Sounds like they are running from something or someone.
I do like the shrubbery idea but he wife wants nothing to do with it, hogs, Ginny hens, and we have a Spanish donkey coming Sunday that brays every time you call it’s name. All getting put right along the fence that separates our property as soon as the lines get marked.
They thought it was noise before, wait till next week.
------------------ technology is great when it works and one big pain in the ass when it doesn't. Detroit iron rules all the rest are just toys.
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11:32 PM
sostock Member
Posts: 5907 From: Grain Valley, MO Registered: May 2005
i for one think you have done the right (and legal) thing. they wanted to play hard ball, now they are getting what they asked for.
50K for that on 1/2 acre? is property that expensive up there? unless its sitting on the edge of a lake that's crazy.
Property has gone up in price since we bought thiis place 10 years ago but not that much, that’s like 40% in less than 6 months, and I may be wrong the wife keep saying they have only been here 3.
The last picture in the listing is of the ATV trail that borders their property and is closer to the house than our barn is. It’s like 25 or 30 ft from the other side of the house.
The state took over the trail system here 2 or 3 years ago and when they did they took over by eminent domain another 15 ft on each side of the trail so I don’t think they even have half an acre.
------------------ technology is great when it works and one big pain in the ass when it doesn't. Detroit iron rules all the rest are just toys.
ya property is that expensive up here and farmington is a cheaper place to live i do believe correct me if im wrong hmmmm free bread and farm eggs and a fiero owner when can i move in LOL
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11:51 PM
Jul 1st, 2006
84fiero123 Member
Posts: 29950 From: farmington, maine usa Registered: Oct 2004
You know to be honest I would not want me for a neighbor. To much noise, horses nay, cows moo, goats bleat, dogs bark, chickens cluck, roosters crow, and I am a welder/fabricator with a small fab shop in my garage.
Don’t get me wrong I would not live any other place or way. I love my place here, and it keeps my wife happy. What more could a man ask for?
I have farm fresh eggs, meat, veggies, a wife that can cook and I love dearly.
It’s not for every one but I wouldn’t give it up for anything.
------------------ technology is great when it works and one big pain in the ass when it doesn't. Detroit iron rules all the rest are just toys.
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12:28 AM
PFF
System Bot
Shyster Member
Posts: 1085 From: Conroe, TX, USA Registered: Aug 2005
Originally posted by 84fiero123: They lost 40’ of length and now their septic and garden is on our property.
So you actually own part of their food supply as well as the, well, er, processed final form of same?
Somehow this adds both an incredible sense of irony and stomach-churning disgust to this whole, sad tale. There's a moral to this story, I'm just sure of it.
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12:37 AM
84fiero123 Member
Posts: 29950 From: farmington, maine usa Registered: Oct 2004
So you actually own part of their food supply as well as the, well, er, processed final form of same?
Somehow this adds both an incredible sense of irony and stomach-churning disgust to this whole, sad tale. There's a moral to this story, I'm just sure of it.
LoL
Ya but what?
------------------ technology is great when it works and one big pain in the ass when it doesn't. Detroit iron rules all the rest are just toys.
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05:37 AM
jstricker Member
Posts: 12956 From: Russell, KS USA Registered: Apr 2002
Uhhh, that's the STATE of Washington and has no Federal implications and no effect in Maine.
John Stricker
quote
Originally posted by 84fiero123:
The Washington Right to Farm Act provides that agricultural activities conducted on farmland, if consistent with good agricultural practice and established prior to surrounding non-agricultural activities, are presumed to be reasonable and therefore do not constitute "nuisances" that may be prevented in a lawsuit.
No, every state doesn't, and a state law doesn't make it Federal even if every state did. I'm not saying Maine doesn't have a right to farm law, they most likely do, but there is no Federal right to farm act which was what I said from the beginning.
John Stricker
quote
Originally posted by 84fiero123:
Why is it people, like you read the last post or last couple of posts and think they have the whole story.
It was the first one I found, every state has a right to farm law made to protect farmers from the encroachment of city folk.
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10:24 AM
jstricker Member
Posts: 12956 From: Russell, KS USA Registered: Apr 2002
Hell, I'd take you for a neighbor. Maybe we could work out some engine building or something for fresh eggs and stuff. Just keep them damn chickens on your side of the fence or they become fryers on my side.
John Stricker
quote
Originally posted by 84fiero123:
You know to be honest I would not want me for a neighbor. To much noise, horses nay, cows moo, goats bleat, dogs bark, chickens cluck, roosters crow, and I am a welder/fabricator with a small fab shop in my garage.
Don’t get me wrong I would not live any other place or way. I love my place here, and it keeps my wife happy. What more could a man ask for?
I have farm fresh eggs, meat, veggies, a wife that can cook and I love dearly.
It’s not for every one but I wouldn’t give it up for anything.
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10:29 AM
under8ted Member
Posts: 1108 From: Sparta, ON, Canada Registered: Mar 2006
You know to be honest I would not want me for a neighbor. To much noise, horses nay, cows moo, goats bleat, dogs bark, chickens cluck, roosters crow, and I am a welder/fabricator with a small fab shop in my garage.
Don’t get me wrong I would not live any other place or way. I love my place here, and it keeps my wife happy. What more could a man ask for?
I have farm fresh eggs, meat, veggies, a wife that can cook and I love dearly.
It’s not for every one but I wouldn’t give it up for anything.
Hell, Id be happy to have you for a neighbour.........so long as you let me fire my bow on your gun range, or in the general direction thereof, , the rest isnt a problem. No fences needed or wanted. your horses can graze my grass so long as you let my horses do the same.
Some of you guys have obviously never lived around goats. Biggest PIA. I wouldn't have a problem with anything else...After all I would be moving into your neighborhood and you were there first.
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11:54 AM
Synthesis Member
Posts: 12207 From: Jordan, MN Registered: Feb 2002
ya i could deal with the headaches of the animals for fresh bread and eggs haha plus all the free assistance and fabricating parts for the fiero or other cars but that house is just repulsive atleast on the outside heh imo
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01:21 PM
84fiero123 Member
Posts: 29950 From: farmington, maine usa Registered: Oct 2004
Everything stays on our side that's the problem, we have like 70 or there about, creatures on the farm. All fenced or penned and in the ten years we have been here nothing has ever gotten out.
They are here less than 6 month and their dog ends up in our barn, not once but twice within a few days. That was the whole reason for the fence, to keep their dogs out.
The house next door has so many problems that we knew about before they ever bought the place.
They never even had a house inspection done before they bought the place.
Well has arsenic 5 times the allowable level.
There never was a true survey splitting that place off from ours.
It takes like 3 tanks of oil a year to heat the place.
Kids that rented it from the previous owner stuffed dozens of empty beer cans in the heating ducts, when they had them removed you know they didn’t wash the ducts, so the whole house is full of fly's. And they are blaming us for the fly’s.
The septic tank is half on our property.
We may end up with the place by the time we are threw, between the stuff they have done and everything. Helll the timber trespass is going to cost them more than they are asking.
If we do we are just going to turn it into hay storage/chicken house.
------------------ technology is great when it works and one big pain in the ass when it doesn't. Detroit iron rules all the rest are just toys.
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01:42 PM
PFF
System Bot
84fiero123 Member
Posts: 29950 From: farmington, maine usa Registered: Oct 2004
ya i could deal with the headaches of the animals for fresh bread and eggs haha plus all the free assistance and fabricating parts for the fiero or other cars but that house is just repulsive atleast on the outside heh imo
Pictures of it don’t do it justice, you know real estate picture are made to make it look good.
Like I said it’s only good for hay storage.
------------------ technology is great when it works and one big pain in the ass when it doesn't. Detroit iron rules all the rest are just toys.
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01:48 PM
Derek_85GT Member
Posts: 1623 From: Flipadelphia, PA Registered: Mar 2005
50K for that on 1/2 acre? is property that expensive up there? unless its sitting on the edge of a lake that's crazy.
Where I live, small houses on less than 1/2 acre lots in mediocre condition would easily go for over $100,000. We have houses going up that are 1,200 square feet on less than 1/2 acres going for $250,000+ Average size houses (for my area is around 2,500 square feet) on 1/2 acre lots going are for $700,000, yes...$700,000. I wish we had your property prices here.
Good luck with the fence, hopefully this will end it and they will reap what they have sowed.
~ Derek
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02:08 PM
84fiero123 Member
Posts: 29950 From: farmington, maine usa Registered: Oct 2004
Where I live, small houses on less than 1/2 acre lots in mediocre condition would easily go for over $100,000. We have houses going up that are 1,200 square feet on less than 1/2 acres going for $250,000+ Average size houses (for my area is around 2,500 square feet) on 1/2 acre lots going are for $700,000, yes...$700,000. I wish we had your property prices here.
Good luck with the fence, hopefully this will end it and they will reap what they have sowed.
~ Derek
Did you look at the listing I posted ealier, this is a dump times 10, not to mention the problems the place has.
------------------ technology is great when it works and one big pain in the ass when it doesn't. Detroit iron rules all the rest are just toys.
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07:43 PM
Jul 2nd, 2006
rogergarrison Member
Posts: 49601 From: A Western Caribbean Island/ Columbus, Ohio Registered: Apr 99
Originally posted by rogergarrison: ts completely illegal to hunt whales here in Ohio........
I'll have to check to ensure I understand our regulations, but I believe KY is a catch and release state.
------------------ Ron Freedom isn't Free, it's paid for with the blood and dreams of those that have gone before us. My imagination is the only limiting factor to my Fiero. Well, there is that money issue.
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07:48 AM
Derek_85GT Member
Posts: 1623 From: Flipadelphia, PA Registered: Mar 2005
Originally posted by 84fiero123: Did you look at the listing I posted ealier, this is a dump times 10, not to mention the problems the place has.
Yes, even a house in that condition will fetch $100K. Housing prices are rediculous in my area because of urban sprawl and the onslaught of drug companies. To be honest I am starting to not like my area which I used to love because of the urban sprawl and it's effects. How did the surveyor do driving the spikes in?
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11:43 AM
84fiero123 Member
Posts: 29950 From: farmington, maine usa Registered: Oct 2004
I'd consider buying that house and moving in but with the new survey and the apparent issue over the placement of the septic, then you'd be taking crap from me. I just couldn't do that to ya.
Sorry, I just had to do it
------------------ Ron Freedom isn't Free, it's paid for with the blood and dreams of those that have gone before us. My imagination is the only limiting factor to my Fiero. Well, there is that money issue.
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02:39 PM
84fiero123 Member
Posts: 29950 From: farmington, maine usa Registered: Oct 2004