I had a good day yesterday.  A land owner about 30 miles from here needed my assistance.  He had allowed Mikey B. to get his D8 dozer across his land from the back side of the mountain as there was a bridge limit on Mike's side.

He had an easement across the neighbors land for his driveway for the last 15 years that he has owned the property.  Who knows how long it has been there before that.

A house flipper from the Republic of Southern California bought the property the easement was across about 5 years ago.  All of his southern California properties were foreclosed on along with another piece of property here locally.  He only owns the property the easement is across now - and hopefully not for long - we don't need his kind up here.  I'll refer to him as SoCal.

SoCal decided he wanted to kick Dom off of his property so he dozed out his paved driveway, bladed all of the road into the gully, put up a berm about 3 feet high, 10 feet wide and put large thousand pound or so boulders in it.

Dom hired an attorney, took SoCal to court and proved he had an existing easement.  SoCal was so rude and belligerent in court the judge asked what he was mumbling as he walked away, and told him he didn't want to hear another word from him, after which he lectured him on how he could not believe he would come up here and do this sort of thing to his neighbor.

He put the driveway back in..... in his manner... down in a gully to make it unusable and he also concreted in RR tie posts 8 feet apart to prevent Dom's gate from working, as well as backing his tractor through Dom's gate and smashing it to pieces.

Back to court, the judge gave Dom permission to put it back as it was before.  That is when he called me.  Dom had a court order, a restraining order to keep SoCal at least one hundred feet from us, and the Sheriff warned SoCal to leave us alone before we started.

Since Socal had bladed away the footing on the sidehill for the road I had to cut into the undisturbed soil about 8 feet on the side of the mountain to make the road safe for emergency vehicles such as fire trucks.  The repair area was around 3 to 400 feet.   Depth of cut at the back was around 3 feet - I sloped it to look fairly decent.  I used the large boulders for landscaping Dom's driveway.

It took around 6 hours and I estimate I moved around 300 to 400 yards with my Bobcat.  The road averaged around 13 to 16 feet in width as it followed the countour of the mountain.

At about 5 hours, SoCal couldn't stand it any more.  He came up within about 5 feet of the road where I was working and took my picture in the Bobcat as I was about 50 feet from him.  I looked up - smiled and waved just as the flash went off.  I shut the Bobcat engine down and said, "Hey, Hows it going?", hoping to engage in some polite conversation, but even though the engine was off, he kept walking pretending he didn't hear me.  Not a very friendly sort, eh? ...

Dom saw the flash and went to call the Sheriff.

After the picture incident, I decided I had not done good enough so I cut  farther into the mountain and widened the drive even more.

The Sheriff arrived in about 15 minutes during which time, SoCal assuming he was in deep doodoo got in his Jeep and left, but then thought better of it and returned I guess.  The Sheriff took a statement from Dom, then went straight to SoCal's house and chewed on him for around 20 minutes.  Apparently SoCal talked his way out of a ride to the county lockup.

I love it...

My point to this story.... If you block some one off from access to their land when they have a legal easement across yours, you are trespassing - even though it is your land.

If this happens to you and you can prove your easement you can get it restored after a court battle.  Dom hopes to recover attorney fee's and the cost of my work restoring his road.

When will the cidiot's (sometimes city people and idiots procreate producing a cidiot- note that this does not apply to the majority of city dwellers)   learn that country people are supposed to be good neighbors because you never know when you will need their help?  It goes both ways.  


Do mountain folk have the same problem (like cidiots?).... Hell yeah, but the ones that do are generally pretty proud of it..

That's a great story Glenn. I'm glad it got worked out.

The road is in.  I doubt the guy will change his attitude.  He has another court date on the 22nd so I will be informed how that goes.  

I did the job on credit because Dom was straight with me and has been in the area for years.  I think he is the type to keep his word.  He had to have the road done before the court date but the attorney fees are killing him.

We try to take care of our own up here unless they prove that they are not to be trusted.

Now your friend needs to get a truck with a broken muffler and use the new road every night at 2am.

Believe me, we do that stuff around here.  My buddy and his neighbor were feuding.  He sent his kids to ride dirt bikes on the lot next door to his neighbor.

I have a 4 inch straight pipe on my Cummins and everybody knows when I go someplace.  Neighbors 2 to 3 road miles away can hear me .... I guess I just like to be obnoxious... I don't have anybody I'm feuding with....

As a certified paralegal I am more than casually familiar with real estate law, (although since I am NOT a licensed attorney I am not now nor do I intend to provide legal advice). Just a "heads up" for those who believe that they can circumvent paying real estate taxes by finding an allodial title loophole.

First off, look at the warranty deed or other "ownership" paperwork you received when you bought your place. If you look you will see that there is wording in there somewhere that says you own the place "in fee simple". The term goes back to the middle ages when rulers granted "fiefs" to vassal servants as payment for "yeoman duty". In essence, you may use or dispose of your property in any way you choose as long as the "Lord of the manor" is in agreement.

we no longer have feudal titles, but the feudal law still prevails with the State, (county, township, city, village), taking the place of the Lord of the manor. You can choose to assert that you have allodial title just as you can assert that if you sprinkle yourself with pixie dust you can fly... the success rate will be about the same for both.

My understanding is that it all still belongs to the King of England still yet - someone may have failed to read the fine print.

I pay the taxes for any perceived benefit I may get from the county, but have been pretty successful in keeping unwanted trespassers out of here with The Sign, and a patent notice as well as having my complete chain of title back to the original owner who bought it from the Mexicans then was awarded a grant by the Federal government.

Since this thread started several officials, police  and the census people have not entered my property without permission.  One was told he could by our renter at the far end of our driveway -1/4 mile away, but he declined - didn't want to risk the land use fee.

Again - there are no guarantees in this sort of thing - public servants break laws every day -- just not as commonly with the laws and consequences posted in front of their faces.

I have heard that if you are not aware of the law you cannot use it for your benefit.... again - your results may vary.

Quote from: tortminder on September 04, 2010, 09:43:32 PM
As a certified paralegal I am more than casually familiar with real estate law, (although since I am NOT a licensed attorney I am not now nor do I intend to provide legal advice). Just a "heads up" for those who believe that they can circumvent paying real estate taxes by finding an allodial title loophole.

First off, look at the warranty deed or other "ownership" paperwork you received when you bought your place. If you look you will see that there is wording in there somewhere that says you own the place "in fee simple". The term goes back to the middle ages when rulers granted "fiefs" to vassal servants as payment for "yeoman duty". In essence, you may use or dispose of your property in any way you choose as long as the "Lord of the manor" is in agreement.

we no longer have feudal titles, but the feudal law still prevails with the State, (county, township, city, village), taking the place of the Lord of the manor. You can choose to assert that you have allodial title just as you can assert that if you sprinkle yourself with pixie dust you can fly... the success rate will be about the same for both.

Perhaps I'm confused on how all this works, but does that not refer to the real estate, since that is what you just said you were knowledgeable in? Real Estate and Land are two separate things. Land, of course being land, and real estate being the property appurtenant to the Land. That is why it is called "Real Estate/Property Tax" because you are paying taxes on everything appurtenant to the Land, not the Land itself.

If you have the Land Patent, legally of course, then you own the Land itself and it cannot be taken from you for any reason, save Eminent Domain, and even then depending on the piece of property, you can possibly get out of that as well. Case in point, in Summa Corp. v. California ex rel. State Lands Comm'n 466 US 198, the United States Supreme Court ruled that the Land Patent would always win over any other form of title. In that case, the land in question was tidewater land and California's claim was based on California's constitutional right to all tidewater lands. The patent stood supreme even against California's Constitution. So you can fight an Eminent Domain case and win. However, I digress from the original point, Property Taxes are purely a contractual agreement, and I will agree that owning the Land Patent to your piece of Land doesn't stop you from contracting away your rights.

Bottom line is I think there is confusion between Land and Real Estate/Property; they are not one in the same.

That is true - you are free to contract your rights away even by taking out a building permit - that is why you are required to sign it.

I know that the words "Land Use Fee $5000" are very important on the sign I use and several people have refused to come onto my property without an approved escort or at all according to my renter who talked to them.  The PGE tree service had him escort them.

Although my memory is cloudy, I seem to recall several cases where the state won their case against owners that refused to pay their taxes. It was based on the fact that they had, in fact, paid in the past, ergo, consent to pay was implied and expected to continue. Defendant was found by the court to have a poor legal basis for asserting said rights after having paid over the preceding years, which perhaps contractually, implied an acknowledgement of obligation.

It's been ages since my business law classes and I don't know the legal jargon, but essentially the legal basis was, "someone does something, and does it again..then one day decides to object to doing it, to which the court replies..you did it before and knew what you were doing..sorry charlie" Am I off here?

I think you about have that right.

I also pay the taxes for whatever perceived benefits I may get, but like to keep the unwanted guests off of my property.  I do not want them thinking I want to pay more therefore I try to discourage them.

I sign all tax papers with - Without Prejudice - all rights reserved - it was UCC1-207 but the number moved up a bit I think .

You are right that you enter into a contract with them when you sign your tax papers or a building permit.  How successful one will be on any avoidance depends on a lot of factors but I like to minimize chances of paying more and am moderately successful.

http://www.landrights.com/

http://www.landrights.com/UCC_1-207.htm  This UCC number is changed to 1-308

http://www.dailypaul.com/node/78775

http://www.landrights.com/NoTrespassing.htm     I like this form of no trespassing sign.  The words "Land Use Fee "  are key to being able to immediately invoice the intruding person - official etc. and collecting in small claims court if the judge is not corrupt.  It seems to work here.

Building and other officials must have a warrant or federal warrant and you must be damaging someone outside your property, and tax assessors never have the right to enter your land  without your permission.  It may not be to your benefit to not cooperate though.

A neighboring county issues threats and fees under these conditions but has not enforced them or ever collected on them that we know of. We think it is because the law they are using is in a gray area of conflict with the common law, Constitution and Bill of Rights.  Not sure why and they aren't talking.

No guarantees though.

Awesome No Tresspassing sign, Glenn. I wonder if, by posting a land use fee schedule of $5000, you are now engaged in an unregistered business enterprise, and considering nobody has paid yet, a losing one at that. Now that's a writeoff I'm sure. 

Back here in NY, I'm told a warrant is necessary for anyone entering private land, except for a game warden or "Conservation Officer", with reasonable suspicion. As 70% of NY's forests are privately held, the legislature has given their agency and officers protection from normal tresspass laws. Once on your land, it would seem that as peace officers, they could then alert other agencies of infractions outside their jurisdiction. I've heard of cases where target shooters, on their own land, were asked to show their weapons, ammo, and open their trunk. Fortunately, I've heard good things about these guys, who can be called to eject hunters from your land, and are best kept on our side.

The same is not be true of the code enforcement officers and others who inspect for assessable improvements. It is this individual I wish to keep as far from my lands as possible. They and their ilk are doubtless responsible for filling the public coffers with our hard earned money. Your sign will come in handy as will the old standby, "Tresspassers will be shot: Survivors shot again" 

I like that sign, Doc, but wonder if it indicates intent... pre-meditation?  

As to my sign I and many of my friends actively use it.  I understand that the building officials took pix of it and took them back to the office for someone else to analyze apparently.  Here the Sheriffs just told my renter they were interested in knowing who lived up here.  The assisting ones from Fresno County were so nervous after I caught them on my property during the fire that one went and put his bullet proof vest on.  

I was nothing but nice ... mean looking but polite and nice....and left the 12ga on the gun rack during my entire discussion with them.  I didn't really want to leak red stuff.  Just wanted to do what I could to take care of my place.  Some of the local Sheriffs had gotten a bit overfilled with them selves and had been illegally forcing people to evacuate even though they were legally allowed to stay.  

It may have been to their advantage but the law applies to the Sheriff also.  Houses were destroyed that would not have burned if someone was there.  Places were broken into and some accuse the Sheriffs of doing it.  I don't think so though.  There were looters caught in places near us.

To their credit, the Sheriffs were working on a large fast moving fire... they had not been in that situation before recently.... The head Sheriff apologized at the first town fire meeting.  They did not come back after me after it was over.... I was sweating that one a bit even though I was right.....

I more like the accidental sign....

About a 4'x4' plywood at the property line with a bulls eye blasted out with 00 buck, and a note that says something like, Warning - Entering private shooting range.  Call for safety clearance... with or without the phone number..... or something to that effect.......

...and the tax break, I think there may be a few scofflaws running around out there who owe me now...... thx...

Guess I could deduct the cost of the gate and signs installation too.

Haven't read this site yet but putting the link here for your perusal.    Sent to me by another defender of property rights.

The Narlo Offense

Video    http://www.youtube.com/watch?v=maQuxkYog_Q&feature=player_embedded   

http://www.narlo.org/index.html

Quote from: AdironDoc on December 13, 2010, 08:38:08 PM
"Tresspassers will be shot: Survivors shot again" 

my personal favorite no tresspass type signs:

one with a large dog on it that reads "i can make it to the fence in 2.7 seconds, can you?"

"anyone found here at night will be found here in the morning"

"we shoot every third tresspasser and the second one just left"

"beware of owner, ignore dog"

all are meant to be semi serious MOSTLY tongue in cheek, but also not to show "pre meditation"

With the laws and the police attitude set up to protect the criminals I worry a bit about signs that could be construed as pre-meditation.

Nephew just shot the tires out from under a pickup of a robber that was stealing his tools in the valley with a 45.  The driver tried to run him over in the process.  The truck was borrowed from his brother.  Robber got away with a flat tire and tools.  Cops were called and one wanted to haul him (nephew) into jail.  Cops left eventually with one of the group having sense and leaving the nephew alone.

The cops (Merced County illustrious Sheriff dept) did no more than tell him he should have stopped and called them.

Nephew followed the rim marks from the flat tire a couple miles to the pickup and called the public servants who, realizing they were in no danger because nephew had corralled the bad guys, came out and did their job hauling the bad guys off and filing charges including attempted vehicular manslaughter.

When was this? Did this happen to Whitney?

Hi Ange, it was my nephew - it happened at my parents' house

This Blog might help some with building code issues-


http://sustainablebuildingcodes.blogspot.com/