What would you do ?

[Grumpy old man]

Mrs Grumpy and I bought some lots of land in a deed restricted subdivision years ago and other than putting in a basic driveway and a padlocked red gate on each one with No trespassing signs up . The plan was to sell them down the road ,You know just as an investment . Well lately other lots have been selling and new people are moving in and building so that's good for us . Well I get a call this past Sunday from a neighbor asking what I sold them for money wise because he is ready to sell himself , I told him I didn't sell them yet and he tells me "Well there's a guy who has been clearing for a home site and taking down large trees " for the past 2 weeks ! Well we jump in the truck and head there 60 miles away and The padlock has been cut off ,the red gate is now purple ,there's a new padlock and chain on the gate and remote security cameras are hung around the site , There is a chicken coop with chickens in it a mail box with the wrong street address !and a for sale sign from some real estate company in Ga ? So I cut the new lock and put mine on there ,Hung new signs with my # on them and took a bunch of pictures . it's a holiday weekend not much I can do until Tuesday WTH ?

[kipps]

There is still the possibility of an innocent mistake. It would take a bumbling idiot to make a mistake on that scale, but it is possible. The wrong number on the mailbox is the clue here.

Use that county's GIS info to figure out who owns what lots. See who's listed as the owner of your lot, and also look up the lot that belongs to the erroneous mailbox number.

I would be contacting the local sheriff in that town to help you sort out what's going on. Basically, you and the current squatter getting together to figure out what happened, but with a deputy on site in case there's any hard feelings. If neither of you is willing to walk away profoundly embarrassed by the mistake, then lawyer up.

[Grumpy old man]

So Monday I get a call from a crazed screaming guy wanting to know why I cut his lock on his land and padlocked it again ? After 45 minutes of him screaming on the phone about his land , I got him to agree to meet me Tuesday at the courthouse . After him making a seen at the courthouse screaming at Mrs Grumpy and myself. The clerk gets thru to him he's on the wrong land ! The real estate company he bought from sent him pictures of our land and the for sale sign and driveway / gate and told him this is your land . they had never seen any of it and transposed the plat #'s and lot #'s and he assumed that is what they bought .

So , His mistake . He said he would repaint the purple gate . remove the chicken coop and chickens , remove the security cameras and all his equipment and replace the lock he cut off . , We said fine but I still have mature trees cut down .

[Nick_R_23]

Shoot, you could’ve let that go for a year and ended up with a free house!

In actuality, I would contact the real estate company about developmental damages to your land and see how they are willing to compensate you, since they are at fault in this situation.

[Grumpy old man]

Originally Posted by Nick_R_23

Shoot, you could’ve let that go for a year and ended up with a free house!

In actuality, I would contact the real estate company about developmental damages to your land and see how they are willing to compensate you, since they are at fault in this situation.

I did contact the real estate company and they said it's on the buyer to get a survey done and they are not at fault . :smoke

So Tuesday I give him permission to remove the chickens and coop repaint the gate, and get his equipment off the land no later than Wednesday am . I told him not to do anthing else because we didn't want to be liable for any injuries and he agreed .

[67C10Step]

All I can say is someone would be compensating me for the trees. I'd sue both of them and let the courts sort out who is at fault. I'm certain it will fall on the supposed land owner for not verifying but a mature hardwood tree is worth at least $1500 or more to me.

[Grumpy old man]

This morning I get a call from my neighbor and he tells me nothing has been done the chickens and coop are still there ,The gates still purple and the guy had moved over to his lot and cut down a tree taking the power lines down for the subdivision . He calls me and says he wants out of the land he bought and the real estate agency wants a letter of release of any liability against them and him for any property damages before they release him for his purchase . So now he's back to screaming at me on the phone .

[Grumpy old man]

Originally Posted by 67C10Step

All I can say is someone would be compensating me for the trees. I'd sue both of them and let the courts sort out who is at fault. I'm certain it will fall on the supposed land owner for not verifying but a mature hardwood tree is worth at least $1500 or more to me.

Yeah , It's about 20+ trees 50' +- and I still have the mess to clean up .

[72c20customcamper]

I would contact my attorney to draft up a letter that you are seeking restitution from both parties. Attached would be a estimate from an arborist with the price to replace the mature trees not with saplings but the same like and kind of trees that were cut down.

Friend went through something similar where a homeowner his neighbor hired a logger to take down some trees that blocked his view to f the mountains. Trees were cut but they weren’t his neighbors trees but my friends. Both him and the logger had to reimburse him the money from the trees that were sold for lumber and to replace the trees with mature trees . And they paid a big fine to the town for illegal harvesting of trees . He had sixteen trees cut down but settled for 10 to be replaced and the cash . They used trucks like this

[MySons68C20]

Hire an attorney and nail him. In my experience you get a lot farther with folks
when you use honey instead vinegar. If he would of been polite and admitted his mistake the story might be different.
He was a dillhole at the beginning.....karma's a beach.
Just my .02

[special-K]

How long did he 'think' he owned your property before he went about clearing a building lot? I'm thinking he went right at it. All jazzed up and in a hurry to make himself some money off the lot. So he jumps right into it both feet forward based on a picture. What a fool, it's got to cost him. He can sue the real estate agency for using a false picture. That ain't your problem.

[67C10Step]

This reminds me of a time I was helping a buddy of mine that was a surveyor. He had promised to a guy he would get a survey of his 11 acres done on Memorial weekend and my buddy knew I worked for a surveyor when I was in college. Long story short, we discovered the developer of the subdivision next door had built the entrance on this guys property. My buddy described it perfectly to the land owner when he said, "Sir, I cannot tell you he has built on your property, that is up to the judge to decide. I am just telling you where your property is on the face of the planet."

As much as I hate to say it, probably time to have a good lawyer involved.

[LS short box]

My .02 on how encourage compensation? Call the local sheriff and have the meat head that did the damage cited and possibly arrested for trespassing and destruction of private property. Those trees are worth big bucks. That might light a fire under his butt.
On the other hand maybe it's time to sell?

[old Rusty C10]

I didnt read the whole responses thing but i would make sure that someone didnt change the deed over.. apparently the latest great scheme is to get on line and forge title to houses or land and then mortgage or resell and apparently insurance doesnt cover this

[Blue GMC]

Have a tasty chicken dinner with the abandoned birds that are on my lot. Then sue the guy and the real estate company for every blade of grass that was bent by unauthorized personal.

Have you checked the drive for cracking as he had to have had heavy equipment using it?

[truckster]

I hate to say it, but I agree that you need an attorney. Let your attorney take the fight to him and the real estate company.

[Grumpy old man]

Originally Posted by special-K

How long did he 'think' he owned your property before he went about clearing a building lot? I'm thinking he went right at it. All jazzed up and in a hurry to make himself some money off the lot. So he jumps right into it both feet forward based on a picture. What a fool, it's got to cost him. He can sue the real estate agency for using a false picture. That ain't your problem.

They moved here from Chicago 2 1/2 weeks ago and jumped right in , He never checked the survey papers just started cutting , He hired a local excavation crew that were supposed to start on Tuesday $20,000.00 . and he canceled them . Chickens are still there along with the coop ,hasn't repainted the gate like he said he would Tuesday and he's still wanting a release from liability for him and the real estate company or they won't cancel the sale and refund his money. So now that's my fault .?

[special-K]

WTH? How typical. City folk come to the country. They put the cart ahead of the donkey, chicken coupe full of chickens before they have a way to tend them. Is there water there? Citifoo!

[Grumpy old man]

Originally Posted by special-K

WTH? How typical. City folk come to the country. They put the cart ahead of the donkey, chicken coupe full of chickens before they have a way to tend them. Is there water there? Citifoo!

My good neighbor is taking care of the chickens until we find them a new home ,I'm 60 miles away so no I'm not running down there everyday , I have no idea what this guy is planing but I don't want the chickens dying , He's already proven he's not the brightest color crayon in the box . I've already put in a call to the real estate attorney we used when we bought the lots , I already have too many projects .

Some peoples kids ! This guy is 43 !

[kwmech]

So to get things in perspective. Guy buys a lot based on a realtors falsified picture and docs. Goes to said property and notices a different number on the gate. Apparently goes hmmm?, changes numbers and proceeds to develop lot. Gets caught on wrong property--gets called out on it and they're mad at you??
I don't think you can go wrong with an Attorney here. Do things like this go through a title co in GA.? A lot of people in trouble here, don't sign off on anything here until you're happy with the results. What about selling him your lot (since he damaged it already) and have the realtor or the title co. pay for it? See if you can work it to your advantage and walk away with some cash, you said you thinking of selling anyways

[Grumpy old man]

Yeah , I'm the bad guy because I won't sign a release to him and the realty company so he can walk away and I get to clean up this whole mess on my own dime . Anybody want some lightly used chickens ? It's a deed restricted subdivision No chickens allowed .

[MySons68C20]

He knows he's in the hot seat with the sign this now deal...
Time is on your side, I hope you rail this guy for a ton....he deserves a hard spanking!

['63GENIII]

Originally Posted by Grumpy old man

Yeah , I'm the bad guy because I won't sign a release to him and the realty company so he can walk away and I get to clean up this whole mess on my own dime . Anybody want some lightly used chickens ? It's a deed restricted subdivision No chickens allowed .

He needs your release of liability because no bank in their right mind would lend the kind of money needed for construction to a guy who's in the middle of a land / real estate lawsuit.

From my perspective, he needs you more than you need him.

I'd be interested to see what your lawyer has to say about it. If he thinks you have a decent shot, (and I hate to say this but..) lawyer up. Im pretty sure that the real estate agent will get drug into "the proceedings" as well and would think at that point there may be two parties interested in having a civil discussion about how to make things right with you.

I think that taking care of the chickens is pretty stand up of you and your "good" neighbor and it also shows you are acting in good faith to not escalate the situation.

I've had neighbors try and take land at the only two homes that Ive owned (granted, not the entire lot ) and just reading this is making my blood boil.

Hope it is resolved quickly and to your satisfaction.

[special-K]

Originally Posted by Grumpy old man

Yeah , I'm the bad guy because I won't sign a release to him and the realty company so he can walk away and I get to clean up this whole mess on my own dime . Anybody want some lightly used chickens ? It's a deed restricted subdivision No chickens allowed .

It ain't over yet. Next you might get a letter about those chickens you are keeping on your lot in clear violation of restrictions

It's a good thing the neighbor called to ask what you sold the lot for!

[GOPAPA]

What a mess ..This is what I can see might happen .. you sue both the guy and the real estate company and then one of then sue the other and like so many times this gets dragged out in court all the way into years.. I think you got to sue ,,but I bet it takes a long time to settle ,, hope I am wrong Grumpy .. never heard anything quite like this before..