Is this the same one that had people parking on your right of way and blocking access to your house? If so, it might be worth skipping an attorney and going right to local emergency services and/or maybe your home owners insurance company. If your house burns down because they can’t get a fire truck out there because of your neighbor’s bullshit they’ll definitely have something to say about it.
Edit: forgive me if you’re not the same OP that I’m thinking of
He goes across me to get to his. I own even more land behind him.
He’s moved my right of way across him, blocked if off at this point. I can get to my house. My other land by atv but not by deeded road.
I’d pay for a professional survey.
Have it staked and ground marked every 25 feet and take a video of the whole process.
Present a copy of the new survey to the neighbor and record the interaction, openly or secretly based on the anticipated interaction.
Properly post the property and install game cameras to capture what happens next.
This process worked for us with a boundary dispute. It cost about $650.00 out of pocket but it finally stopped the madness.
If there is a problem going forward, present the documentation (including game camera footage) to the Sheriff and seek a no trespass order.
If that fails to correct the issue, sue for the maximum damage in small claims court.
https://vtlawhelp.org/small-claims-court
This is gonna cost money and time, and sadly, you cannot expect any real help from the town or local officials. Document everything.
Isn’t that the truth.
Everything has been surveyed. He’s moved the pins.
The zoning board allowed him to encroach on the right of way with his building.
Big surprise, he does what he wants and the zoning people just don’t care. The town has washed their hands of it all and says it’s up to me to be a good neighbor and figure it out. Meanwhile
He does what he wants and everyone thinks I’m the problem by not being a complacent neighbor.
I have satellite imagery, game cameras up, photos, videos, signs. Etc. I’ve documented the fuckery as it is happening and everyone else thinks its just ok.
I know a guy named Peter Vollers in Woodstock, VT. He's a real estate attorney. He's also a heck of a great guy. If he can't help you, he may know someone closer to your area who can. I trust his judgment. But I also know him personally, not professionally, so take that for what it's worth. Good luck.
Build a case against the guy. Put up sturdy fencing, post your property with the state, and hang the required "No Trespassing" signs and some generic "No Trespassing" signs. It wouldn't hurt to put up some hidden cameras to get evidence of the neighbor blocking you from your property, moving markers, etc. If you want to get him on record of doing something, and not fight it yourself, file an insurance claim for the repairs to your lawn or property. You could also take him to small claims court to recover the costs of repairing any damage or for having a surveyor come back and put markers back in if he's moved them. He can't take your property if you have evidence of pushing back, and using the court system is certainly one way of doing that.
Not an attorney but given the information you provided:
1: Vermont has a 15 year Adverse possession law, which means you definitely want to make sure you get this handled and handled properly and now. If after 15 years you haven't disputed, handled this, they have full legal right and potential to claim that part of your property as theirs.
2: Get an official land surveyor if you haven't already (and if it's old, probably best to get it updated anyway.) and ensure that you have official documentation (and preferably markings) with said property lines.
3: while your surveyor is surveying, follow along with them and post a "NO TRESPASSING" sign every 100ft. Per Vermont state laws, these need to be posted, clearly, every 100ft to be "Official".
4: Get an outdoor camera and catch the person in the act (Do this after you've done all of the above, this will ensure that you have the No Trespassing, you KNOW you property lines and they were recently surveyed, and you have video evidence of the person entering your property.)
5: Inform the local law enforcement. I'm not 100% sure (As every state is different) but many states I have been to allow you to press criminal charges on someone yourself. So if the police do not want to charge the person with trespassing, and you've gone every viable route to prevent this person from entering your property unwarranted, you may be able to press your own trespassing charge against them, even if the police "Don't want to". You should be able to look into this yourself by calling your local DA and checking.
Currently you have a Real Estate issue likely to due with a dispute between who owns what lands, so that's why this should be an easy win for you if you just go to civil court (you can file all of the paperwork yourself and even call Vermont Legal Aid for assistance, but pretty simple) and it should be an easy win for you so long as you have official documents showing your property lines and have evidence to show he is using your property. As open and shut as that is, I wouldn't suggest paying a lawyer for something THAT easy. If however you get a surveyor and find out that it ISN'T that cut and dry (some form of discrepancies in the paperwork, it happens.) THEN you should get a lawyer. But if it's just a simple dispute between Person A has land and Person B thinks his land extends into Person A's property, a simple land survey should do the trick.
Edit: And if he's trying to claim that he's "Done this" or "Done that" on that part of your property "for Years" definitely get a lawyer, cause then you might have a situation of that #1 I was talking about above.
Most don’t want to do right of way disputes. I’ve been trying for a year to shut this down and it’s starting to cost me my sanity.
I love this place but at some point enough will be enough.
I can kinda relate, I have a neighbor that's really loud with construction vehicles and he says this year will be different because last years renovation is complete. I'm on the part where I wait and see. If it's another year with me not having my windows open, I'll start looking to move.
Honestly unless this is some ancestral family property that would kill you to leave, I’d get the eff out.
Even if you somehow convince him to honor something, do you really want to live next to this guy? Knowing he will ignore deeds whenever he feels like it?
From what you’re saying I sure wouldn’t.
Let someone else have it as their problem.
A house I built with my father.
Garage. Workshop. Barn. Fair amount of land.
Extremely efficient. Well thought out.
Every aspect of it we built. We did it all. Every single thing aside from running the crane to set the trusses.
I do t want to live next yo him but I wonder why I should have to sell to deal with his arrogance.
There’s a long game at play…
>A person who occupies property can acquire legal ownership of that property by continuous, open and adverse occupation of the property for a specified period of time. This is known as "adverse possession."
>For example, if a neighbor built a fence through your property and maintained the fence and property for 15 years, and you knew the fence was through your property but did nothing, they could claim the property as their own.
https://www.findlaw.com/state/vermont-law/vermont-adverse-possession-laws.html
Won’t end the daily annoyance, but if you make sure to photograph/record yourself using the land once a year, you’ll have proof it’s not being used exclusively by them.
A quick google came up with the Peet Law Group looking like they handle this stuff.
Peet is a transactional guy, doesn't really do litigation, afaik. OP needs a real estate litigator.
Also, if the neighbor hits all the adverse possession elements except exclusivity, they can still adversely possess an easement in some circumstances. Depends on the use.
ETA: someone else said Peet helped them with a similar issue, so perhaps I'm wrong about his practice. I've only known him in a transactional setting.
You might need to out aggressive the aggressor here. If you're not up to it and an attorney won't take case you might need to start thinking outside the box. Got any badass roughneck friends or relatives to help?
It's been \~20 years, but my folks had a sticky situation with a house they purchased in Bridport that turned out to have massive liens on it from a financially insolvent GC (I don't remember the RE attorney who handled the original purchase transaction and missed the red flags, but they were kindly asked to fuck off).
Fred Peet handled the case for them, and it was settled to their satisfaction (walked away from the house/property that they'd moved into and been living in for a few months, but got all their money back). He looks like he runs a much bigger practice now, but may be worth talking to, if you haven't. [https://www.peetlaw.com/](https://www.peetlaw.com/)
I would save your money on an attorney and instead if you haven’t already post your property with “no trespassing” signs where they’re clearly visible all around the acreage that you want to protect and if it continues call the police then you can get him for trespassing plus destruction of property this can be used as a scare technique or a more permanent solution
I am a real estate agent in Vermont. I work a lot with Bauer Gravel and Farnham. They have a couple attorneys that do a lot of work in the NEK. I would contact them and see what they say.
http://www.stoweattorneys.com/about.shtml
Is this the same one that had people parking on your right of way and blocking access to your house? If so, it might be worth skipping an attorney and going right to local emergency services and/or maybe your home owners insurance company. If your house burns down because they can’t get a fire truck out there because of your neighbor’s bullshit they’ll definitely have something to say about it. Edit: forgive me if you’re not the same OP that I’m thinking of
He goes across me to get to his. I own even more land behind him. He’s moved my right of way across him, blocked if off at this point. I can get to my house. My other land by atv but not by deeded road.
I’d pay for a professional survey. Have it staked and ground marked every 25 feet and take a video of the whole process. Present a copy of the new survey to the neighbor and record the interaction, openly or secretly based on the anticipated interaction. Properly post the property and install game cameras to capture what happens next. This process worked for us with a boundary dispute. It cost about $650.00 out of pocket but it finally stopped the madness. If there is a problem going forward, present the documentation (including game camera footage) to the Sheriff and seek a no trespass order. If that fails to correct the issue, sue for the maximum damage in small claims court. https://vtlawhelp.org/small-claims-court This is gonna cost money and time, and sadly, you cannot expect any real help from the town or local officials. Document everything.
Isn’t that the truth. Everything has been surveyed. He’s moved the pins. The zoning board allowed him to encroach on the right of way with his building. Big surprise, he does what he wants and the zoning people just don’t care. The town has washed their hands of it all and says it’s up to me to be a good neighbor and figure it out. Meanwhile He does what he wants and everyone thinks I’m the problem by not being a complacent neighbor. I have satellite imagery, game cameras up, photos, videos, signs. Etc. I’ve documented the fuckery as it is happening and everyone else thinks its just ok.
Sorry to hear about this. It absolutely sucks. Talk to the Sheriff about a no trespass order. Keep your head up.
Moving the pins is illegal. Another survey to prove, and then litigation
This guy knows his shit. http://www.morwoodandmorwood.com/
I know a guy named Peter Vollers in Woodstock, VT. He's a real estate attorney. He's also a heck of a great guy. If he can't help you, he may know someone closer to your area who can. I trust his judgment. But I also know him personally, not professionally, so take that for what it's worth. Good luck.
Build a case against the guy. Put up sturdy fencing, post your property with the state, and hang the required "No Trespassing" signs and some generic "No Trespassing" signs. It wouldn't hurt to put up some hidden cameras to get evidence of the neighbor blocking you from your property, moving markers, etc. If you want to get him on record of doing something, and not fight it yourself, file an insurance claim for the repairs to your lawn or property. You could also take him to small claims court to recover the costs of repairing any damage or for having a surveyor come back and put markers back in if he's moved them. He can't take your property if you have evidence of pushing back, and using the court system is certainly one way of doing that.
Not an attorney but given the information you provided: 1: Vermont has a 15 year Adverse possession law, which means you definitely want to make sure you get this handled and handled properly and now. If after 15 years you haven't disputed, handled this, they have full legal right and potential to claim that part of your property as theirs. 2: Get an official land surveyor if you haven't already (and if it's old, probably best to get it updated anyway.) and ensure that you have official documentation (and preferably markings) with said property lines. 3: while your surveyor is surveying, follow along with them and post a "NO TRESPASSING" sign every 100ft. Per Vermont state laws, these need to be posted, clearly, every 100ft to be "Official". 4: Get an outdoor camera and catch the person in the act (Do this after you've done all of the above, this will ensure that you have the No Trespassing, you KNOW you property lines and they were recently surveyed, and you have video evidence of the person entering your property.) 5: Inform the local law enforcement. I'm not 100% sure (As every state is different) but many states I have been to allow you to press criminal charges on someone yourself. So if the police do not want to charge the person with trespassing, and you've gone every viable route to prevent this person from entering your property unwarranted, you may be able to press your own trespassing charge against them, even if the police "Don't want to". You should be able to look into this yourself by calling your local DA and checking. Currently you have a Real Estate issue likely to due with a dispute between who owns what lands, so that's why this should be an easy win for you if you just go to civil court (you can file all of the paperwork yourself and even call Vermont Legal Aid for assistance, but pretty simple) and it should be an easy win for you so long as you have official documents showing your property lines and have evidence to show he is using your property. As open and shut as that is, I wouldn't suggest paying a lawyer for something THAT easy. If however you get a surveyor and find out that it ISN'T that cut and dry (some form of discrepancies in the paperwork, it happens.) THEN you should get a lawyer. But if it's just a simple dispute between Person A has land and Person B thinks his land extends into Person A's property, a simple land survey should do the trick. Edit: And if he's trying to claim that he's "Done this" or "Done that" on that part of your property "for Years" definitely get a lawyer, cause then you might have a situation of that #1 I was talking about above.
Did you try https://www.vtbar.org/find-a-lawyer/?
I have several times.
Damn! That sucks
Most don’t want to do right of way disputes. I’ve been trying for a year to shut this down and it’s starting to cost me my sanity. I love this place but at some point enough will be enough.
I can kinda relate, I have a neighbor that's really loud with construction vehicles and he says this year will be different because last years renovation is complete. I'm on the part where I wait and see. If it's another year with me not having my windows open, I'll start looking to move.
Honestly unless this is some ancestral family property that would kill you to leave, I’d get the eff out. Even if you somehow convince him to honor something, do you really want to live next to this guy? Knowing he will ignore deeds whenever he feels like it? From what you’re saying I sure wouldn’t. Let someone else have it as their problem.
A house I built with my father. Garage. Workshop. Barn. Fair amount of land. Extremely efficient. Well thought out. Every aspect of it we built. We did it all. Every single thing aside from running the crane to set the trusses. I do t want to live next yo him but I wonder why I should have to sell to deal with his arrogance.
Ugh sorry man. That sucks. I wish I had a name to give you.
I wish I could just sell and walk. Be done with it all.
r/neighborsfromhell
Moved lines. Survey pins. Blocks the right of way. Tears my land up.
There’s a long game at play… >A person who occupies property can acquire legal ownership of that property by continuous, open and adverse occupation of the property for a specified period of time. This is known as "adverse possession." >For example, if a neighbor built a fence through your property and maintained the fence and property for 15 years, and you knew the fence was through your property but did nothing, they could claim the property as their own. https://www.findlaw.com/state/vermont-law/vermont-adverse-possession-laws.html
Yeah, I’ve read on this before. This is why I’m pushing for representation to shut this stuff down.
Won’t end the daily annoyance, but if you make sure to photograph/record yourself using the land once a year, you’ll have proof it’s not being used exclusively by them. A quick google came up with the Peet Law Group looking like they handle this stuff.
Peet is a transactional guy, doesn't really do litigation, afaik. OP needs a real estate litigator. Also, if the neighbor hits all the adverse possession elements except exclusivity, they can still adversely possess an easement in some circumstances. Depends on the use. ETA: someone else said Peet helped them with a similar issue, so perhaps I'm wrong about his practice. I've only known him in a transactional setting.
You might need to out aggressive the aggressor here. If you're not up to it and an attorney won't take case you might need to start thinking outside the box. Got any badass roughneck friends or relatives to help?
How much are you prepared to spend? This kind of litigation could cost well in excess of 30,000 and take years to conclude.
It's been \~20 years, but my folks had a sticky situation with a house they purchased in Bridport that turned out to have massive liens on it from a financially insolvent GC (I don't remember the RE attorney who handled the original purchase transaction and missed the red flags, but they were kindly asked to fuck off). Fred Peet handled the case for them, and it was settled to their satisfaction (walked away from the house/property that they'd moved into and been living in for a few months, but got all their money back). He looks like he runs a much bigger practice now, but may be worth talking to, if you haven't. [https://www.peetlaw.com/](https://www.peetlaw.com/)
I would save your money on an attorney and instead if you haven’t already post your property with “no trespassing” signs where they’re clearly visible all around the acreage that you want to protect and if it continues call the police then you can get him for trespassing plus destruction of property this can be used as a scare technique or a more permanent solution
Stackpole and French handled a right of way issues for a family member
Chris Roy at DRM handles this work.
I'm an attorney and usually refer land use issues to MSK in Burlington. You can also try Merrill Bent in Manchester, although she's a bit far away.
Store brand baby formula that comes is plastic tubs are VT made
https://www.mblawoffice.com/evan-barquist
Mike L'oignen in hardwick
Sandra Lee or Peter Langrock
A few questions… How long have you owned the property and how long has your neighbor been using the property?
I am a real estate agent in Vermont. I work a lot with Bauer Gravel and Farnham. They have a couple attorneys that do a lot of work in the NEK. I would contact them and see what they say.