Legally shooting on property

[Younggun]

I got the new ban hammer attachment for my AR.


He gone.

 

[Vaquero]

Subscribed to watch for the crash!

I think you missed it.

 

[Charlie]

Naw, just saw it coming!

 

[ZX9RCAM]

I really wish that this version showed when someone gets banned.

 

[Younggun]

I really wish that this version showed when someone gets banned.

I posted it above as I've seen complaints about this before.

But in case someone misses it there


He Is Banned

 

[vmax]

Good

 

[CPTKILLER]

I shoot when and where I want on my 27 acres here in Coryell County. I use commonsense to know where the round is going. This is essentially the same thing when people are out hunting. Texas is not California!

 

[benenglish]

He Is Banned

Good. He was being an ass.

That said, I will proceed with a bit of temerity.

He did have a point. If you give someone the right to cross your property regulary, they can claim an easement. I have a former on the job instructor who had a 40 acre pasture next to her house. One day, a neighbor started driving across her pasture (no, she didn't have enough money to have it properly fenced) to go to the back of his property. What was odd was that there was no entry to his property from that direction, just a fence.

She told him to cut it out. He responded by putting a gate in the fence that led into his backyard, right behind the house. He obviously never used it; there wasn't so much as a blade of grass disturbed on his side of the gate, much less a driveway.

She told him to cut it out. He responded by grading a driveway across her pasture.

Eventually, she got fed up, tore up the driveway, and fenced the pasture.

Neighbor got a lawyer and sued for an easement to cross her property, despite the fact that his house and full entry to all his property was literally a mile further down a county road. She went to court completely confident that her jerk neighbor would be slapped down, hard.

What she didn't count on was the fact that his people had lived in the county since they were still fighting Indians and she had only lived there for 4 years. The judge was an old school buddy of the neighbor. In a kangaroo court that lasted all of three minutes where the judge actually refused to look at the pictures that showed the fake driveway led to literally nothing on the neighbor's property, the judge granted the neighbor a permanent easement to cross her land.

I said all that to say this - The banned member was right to point out that if you actually grant someone the right, in writing, to cross over your land for any reason without your case-by-case permission, you're creating a potential legal problem. If the OP had a falling out with his neighbor, what would happen? Does anyone want someone with whom you're feuding to have a legal right to come onto your land? Unless a very good lawyer draws it up with adequate escape clauses, once that contract has been in force for a few years both sides may be stuck with it permanently.

I get the impression that the OP didn't intend on getting lawyers involved and was just talking about a way he and his neighbor could share their property to their mutual benefit. That's a nice thought but it sounds to me like a legal minefield.

I think that's what the banned member was trying to say. Too bad he had to be such an ass about it.

 

[karlac]

What you are talking about here are two different things/issues so why the hell are you trying to mud water that have nothing to do with each other.
Is absolutely stupid, idiot thinking.
You think your trying to prove something, think about what you say next time. And there is no percentages in mineral rights its either you have them or not. Try reading next time, maybe some survey law might help you, make sure its current.

Nothing to do with "survey law", whatever that is.
Mineral rights in Texas are the dominant estate, so it is very germane to the surface owner to know what can, or can't be done with the surface estate.

 

[Lunyfringe]

another possible issue- in the future, the neighbor sells his property and mentions the agreement... the new owner isn't as friendly. This is how feuds start...

 

[pharmaco]

Good. He was being an ass.

That said, I will proceed with a bit of temerity.

He did have a point. If you give someone the right to cross your property regulary, they can claim an easement. I have a former on the job instructor who had a 40 acre pasture next to her house. One day, a neighbor started driving across her pasture (no, she didn't have enough money to have it properly fenced) to go to the back of his property. What was odd was that there was no entry to his property from that direction, just a fence.

She told him to cut it out. He responded by putting a gate in the fence that led into his backyard, right behind the house. He obviously never used it; there wasn't so much as a blade of grass disturbed on his side of the gate, much less a driveway.

She told him to cut it out. He responded by grading a driveway across her pasture.

Eventually, she got fed up, tore up the driveway, and fenced the pasture.

Neighbor got a lawyer and sued for an easement to cross her property, despite the fact that his house and full entry to all his property was literally a mile further down a county road. She went to court completely confident that her jerk neighbor would be slapped down, hard.

What she didn't count on was the fact that his people had lived in the county since they were still fighting Indians and she had only lived there for 4 years. The judge was an old school buddy of the neighbor. In a kangaroo court that lasted all of three minutes where the judge actually refused to look at the pictures that showed the fake driveway led to literally nothing on the neighbor's property, the judge granted the neighbor a permanent easement to cross her land.

I said all that to say this - The banned member was right to point out that if you actually grant someone the right, in writing, to cross over your land for any reason without your case-by-case permission, you're creating a potential legal problem. If the OP had a falling out with his neighbor, what would happen? Does anyone want someone with whom you're feuding to have a legal right to come onto your land? Unless a very good lawyer draws it up with adequate escape clauses, once that contract has been in force for a few years both sides may be stuck with it permanently.

I get the impression that the OP didn't intend on getting lawyers involved and was just talking about a way he and his neighbor could share their property to their mutual benefit. That's a nice thought but it sounds to me like a legal minefield.

I think that's what the banned member was trying to say. Too bad he had to be such an ass about it.

This post has value.

There are a lot of "three last name" towns/counties.
If you happen to deal with someone who has one of those last names, or is married to one, you're in for a ride if they try to screw you over.

I'm just guessing, but pbridges' entitled/arrogant attitude kinda points to that

 

[easy rider]

I see no problems disagreeing or being disagreed against. I have been wrong before and I'm sure I will be wrong at some point in the future. I welcome debate, it's a great way to learn about others and their view point. I see no positive reason to be uncivil about it though. I have learned quit a bit since being a member here and by and large most members seem to be great people.

 

[Aust]

pbridges is upper end state survey dept. guy. He has done a few court cases in his time deputing land rights and boundary cases. He has a brother in some part of TXDOT legal I believe..

 

[ZX9RCAM]

Welcome to the Forum Aust.
Interesting first post.

 

[Younggun]

pbridges is upper end state survey dept. guy. He has done a few court cases in his time deputing land rights and boundary cases. He has a brother in some part of TXDOT legal I believe.

Same IP as pbridges.


Banned.

 

[easy rider]

LOL!

 

[Sock Puppet]

Interesting first post.

Perhaps not the smartest first post...

 

[Charlie]

Subscribed!

 

[Vaquero]

Again?

 

[Charlie]

yep! Always trying to learn about this internet stuff!