The law and Easements?

[45Frank]

Thanks all for the opinions as I figure he may sit there for now although since my talk with the sheriff running all has been quiet. I like reading post because no matter what the LAW says we all know what the experience is is what matters.
Also not all laws are the same in all area for the last poster. I had my property surveyed and an attorney explain a few things since this started.
1st here we no longer have to post for someone to be trespassing he said this changed a while back, also from my attorney the egress and ingress is only up to and in front of owned lot. It was explained that you have access to the ROW up to and in front of your property not past your property.
Anyway thanks for the time.

 

[154NH773]

here we no longer have to post for someone to be trespassing

I think your "lawyer" gave you bad advice.

North Carolina Statutes:

§ 14-159.12. First degree trespass.
(a) Offense. - A person commits the offense of first degree trespass if, without authorization, he enters or remains:
(1) On premises of another so enclosed or secured as to demonstrate clearly an intent to keep out intruders;...

§ 14-159.13. Second degree trespass.
(a) Offense. - A person commits the offense of second degree trespass if, without authorization, he enters or remains on premises of another:
(1) After he has been notified not to enter or remain there by the owner, by a person in charge of the premises, by a lawful occupant, or by another authorized person; or
(2) That are posted, in a manner reasonably likely to come to the attention of intruders, with notice not to enter the premises.

Either of these offenses require either enclosure, direct notification, or posting.

You also are not clear where the "children" are actually located. If they are on your property, you can tell them to leave, and tell the parents they are not allowed on your property (notice not to trespass). If they are simply on their own property and "in the way" of your shooting, your expectations are out-of-line.

also from my attorney the egress and ingress is only up to and in front of owned lot. It was explained that you have access to the ROW up to and in front of your property not past your property.

You did not say that language of the easement only allowed ingress and egress; and you do not state where the properties were located along the easement, so I'm not sure how that would affect the LEO's rights to sit on the easement. The only effect I can see is if you are the last house on the right-of-way, but if that is the case there would probably be no easement on your land.

The problem with trying to give advice on this Forum is; that the information is fed piecemeal, with each new revelation changing the legalities of the situation.

 

[45Frank]

I think your "lawyer" gave you bad advice.


The problem with trying to give advice on this Forum is; that the information is fed piecemeal, with each new revelation changing the legalities of the situation.

You are correct.

I did question the sign advise and I misunderstood. He clarified that where one hunts signs are no longer needed but you can use a purple paint line 3-5 feet of the ground and 8 inches wide on a tree. Also if signs are used he said they no longer have to be signed. Sorry!
I have all but given up with hope with her age she will die soon or be institutionalized with some of the things she is now doing. I have been baiting deer and bear and she waits till one comes onto my property and allows her dog out. She is daring me to shoot it. I am hoping a bear kills her dog maybe.

 

[154NH773]

He clarified that where one hunts signs are no longer needed but you can use a purple paint line 3-5 feet of the ground and 8 inches wide on a tree.

No... if you want to keep people from trespassing, you must tell them, or you MUST post signs, or you MUST paint lines.

§ 14-159.7. Regulations as to posting of property.

For purposes of posting property under G.S. 14-159.7, the owner or lessee of the property may use either of the following methods:

(1) The owner or lessee of the property may place notices, signs, or posters on the property. The notices, signs or posters shall measure not less than 120 square inches and shall be conspicuously posted on private lands not more than 200 yards apart close to and along the boundaries. At least one such notice, sign, or poster shall be posted on each side of such land, and one at each corner thereof, provided that said corner can be reasonably ascertained. For the purpose of prohibiting fishing, or the taking of fish by any means, in any stream, lake, or pond, it shall only be necessary that the signs, notices, or posters be posted along the stream or shoreline of a pond or lake at intervals of not more than 200 yards apart.

(2) The owner or lessee of the property may place identifying purple paint marks on trees or posts around the area to be posted. Each paint mark shall be a vertical line of at least eight inches in length, and the bottom of the mark shall be no less than three feet nor more than five feet from the base of the tree or post. The paint marks shall be placed no more than 100 yards apart and shall be readily visible to any person approaching the property. For the purpose of prohibiting fishing, or the taking of fish by any means, in any stream, lake, or pond, it shall only be necessary that the paint marks be placed along the stream or shoreline of a pond or lake at intervals of not more than 100 yards apart. (1949, c. 887, s. 2; 1953, c. 1226; 1965, c. 923; 1975, c. 280, ss. 2, 3; 1979, c. 830, s. 11; 2011-231, s. 2.)

 

[Indiana Filer]

I did question the sign advise and I misunderstood. He clarified that where one hunts signs are no longer needed but you can use a purple paint line 3-5 feet of the ground and 8 inches wide on a tree. Also if signs are used he said they no longer have to be signed. Sorry!
I have all but given up with hope with her age she will die soon or be institutionalized with some of the things she is now doing. I have been baiting deer and bear and she waits till one comes onto my property and allows her dog out. She is daring me to shoot it. I am hoping a bear kills her dog maybe.

You are an evil, hateful person.

 

[45Frank]

You are an evil, hateful person.

Why am I evil and I hate no one? I assume you are joking right? This woman moved onto OUR QUIET little hill and does ILLEGAL things or at least refuses to follow RESTRICTIONS SHE KNEW about and I'm hateful? You are either just like her and do what you wish and the h*ll with others or a liberal, which is it?
Humm lets see I pay more in taxes then most make in a year, I repaired the road for yrs without getting paid and my relatives did it for 20 plus years before that. I bother no one and enjoy hunting ON MY OWN LAND LEGALLY! I give some of the meat to a locals who enjoy the h*ll out it along with fruits and veggies. Yet there are folks out there who refuse to honor a civil agreement and I AM AN EVIL PERSON? Wow! Maybe now I will spend the money just to get her committed or make her follow the rules or at least make her pay back the money she stole from neighbors.
Oh and I can legally shoot her dog by the way.
154NH773
I think that's what I said, other then signing the signs? Here in my county No Tres. signs had to be signed in years past. You can drive around and still see signs with signatures of property owners name on them.

 

[154NH773]

I think that's what I said,...

No, you said "

He clarified that where one hunts signs are no longer needed but you can use a purple paint line 3-5 feet of the ground and 8 inches wide on a tree.

Use of the word "can" in that sentence means that you do not have to do something, but the legal method of posting requires one method (signs) or the other (paint stripes).

Although your original posting contained many accusations and claims, when I tried to accertain facts necessary to advise you, your answer was:

Since this is a private road does the LEO have the right to just sit there for no reason?
Was my original question.

So all the rest must just be ranting.

If this lady is doing something illegal (which you're not sure of), then it is a matter for the police. If she has violated some deed covanent, and you are affected, then you have standing to sue to stop her actions. If she is violating some HOA rules or regulations, then the HOA would have to take action.

If none of the above, then you are SOL.

Good luck to your neighbor (how old can she be if she has kids 5 and under) and I hope you don't kill one of them or her dog. Oh gee... am I a "liberal"? How did politics get into this?
I'm out of here!

 

[Proserpina]

Why am I evil and I hate no one?

Because you're acting like a 2 year old.

I assume you are joking right?

I doubt it.

This woman moved onto OUR QUIET little hill and does ILLEGAL things or at least refuses to follow RESTRICTIONS SHE KNEW about and I'm hateful? You are either just like her and do what you wish and the h*ll with others or a liberal, which is it?

Pretty sure nobody else here is wishing death on an animal.

Humm lets see I pay more in taxes then most make in a year, I repaired the road for yrs without getting paid and my relatives did it for 20 plus years before that. I bother no one and enjoy hunting ON MY OWN LAND LEGALLY! I give some of the meat to a locals who enjoy the h*ll out it along with fruits and veggies. Yet there are folks out there who refuse to honor a civil agreement and I AM AN EVIL PERSON? Wow! Maybe now I will spend the money just to get her committed or make her follow the rules or at least make her pay back the money she stole from neighbors.
Oh and I can legally shoot her dog by the way.
154NH773
I think that's what I said, other then signing the signs? Here in my county No Tres. signs had to be signed in years past. You can drive around and still see signs with signatures of property owners name on them.

You're still a jerk. Please don't breed. We have enough stupid, evidently.

Next question?

 

[45Frank]

Because you're acting like a 2 year old.



I doubt it.



Pretty sure nobody else here is wishing death on an animal.



You're still a jerk. Please don't breed. We have enough stupid, evidently.

Next question?

You obviously have absolutely nothing to do but comment using your BEER (keyboard muscles). LOL I am sorry someone like you thinks others don't have to have responsibility for their action. Hence the libtard comment which you wear well.
Oh we kill animals all the time here I assume you are either a vegetarian or a BS'er which is it? I apologize if you do eat your animals live though.

 

[45Frank]

No, you said "

Use of the word "can" in that sentence means that you do not have to do something, but the legal method of posting requires one method (signs) or the other (paint stripes).

Although your original posting contained many accusations and claims, when I tried to accertain facts necessary to advise you, your answer was:

So all the rest must just be ranting.

If this lady is doing something illegal (which you're not sure of), then it is a matter for the police. If she has violated some deed covanent, and you are affected, then you have standing to sue to stop her actions. If she is violating some HOA rules or regulations, then the HOA would have to take action.

If none of the above, then you are SOL.

Good luck to your neighbor (how old can she be if she has kids 5 and under) and I hope you don't kill one of them or her dog. Oh gee... am I a "liberal"? How did politics get into this?
I'm out of here!

I may not have explained myself very well but it's what you said. Thanks.
As far as the kids they belong to her tenants, you know the trailer trash I was avoiding when I moved here with the restrictions. As for her age she's very late 70's early 80's who is a very angry selfish person as I said with a reputation as a thug.

 

[justalayman]

So you have all this money (pay more in taxes than most people earn) but you are concerned about a measly $5k for a lawyer.

For just about all of this your only option is to sue the violators. Given the amount of time you sat on your hands it may be too late to enforce anthing.

If the cop is on the easement there isn't a damn thing you can do about them setting there

 

[45Frank]

So you have all this money (pay more in taxes than most people earn) but you are concerned about a measly $5k for a lawyer.

So does that mean I should waste it making folks who agreed to something then decided not to do as they agreed to. I already said I have all but given up on enforcing restrictions since her age and mental capacity is so limited due to age now. Of all the money I have wasted in my life this makes me the angriest. People who can't keep their word or agreement. But this has become our society today!

For just about all of this your only option is to sue the violators. Given the amount of time you sat on your hands it may be too late to enforce anthing.

Above! All but the hunting and the dog, I'm meeting with a WMO this morning about her allowing her dog to run down deer.

If the cop is on the easement there isn't a damn thing you can do about them setting there

I have accepted this since they have been gone for a while now.
Funny how they will not show for an accident (including Injury) on the same road though isn't it?

 

[justalayman]

My point was that the only way you can attempt to enforce the restrictions is to take it to court. You want to whine about the situation but you refuse to take the only action available to you.

 

[45Frank]

My point was that the only way you can attempt to enforce the restrictions is to take it to court. You want to whine about the situation but you refuse to take the only action available to you.

I understand and thank you for the advice.
You must understand I am stuck with the "used to be's". I bother no one and do for a lot of folks and enjoy it.
So I get silly when I have to pay money to have others follow rules they agreed to. The attorney said this county nearly all the time will rule in favor of the restrictions which is good. But he also said I can all but forget getting a judge here awarding his cost.
Thanks for you time and have a pleasant day off to see the Wildlife enforcement officer.

 

[45Frank]

off to see the Wildlife enforcement officer.

Well that meeting went well, talked for several hours about some of the wingnuts he has to deal with. Poor guy deserves a metal.
Anyway he has been to her house before due to her dog running off wildlife while others hunt. Looked it up and this will be the third time two years. He will be making a trip out and will notify the local doggy catcher. If I say what his suggestion was some on here will get all hot and bothered so I will ask you to use your imagination.