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Briar Lee

Lifer
Sep 4, 2021
6,958
23,517
Humansville Missouri
The lady was bawling her eyes out.

She wanted to appeal her husband’s felony conviction but I refused her money. It’s been over thirty years ago and the story is public record.

At the time upland pasture land was about $750 an acre and the couple both had good jobs and 40 acres of land was only $30,000.

They spent another $30,000 for a basement house, some call an earth contact home.

And instead of putting their new home as far as practical from boundary lines they put it close to a neighbors pasture by a fence that must have been there fifty years.

And because of their new, lush lawn the neighbor’s cows would get out and graze on their lawn and there were many calls to the Sheriff and a new fence was maybe a thousand dollars at that time and a new fence was discussed.

But the couple didn’t agree. They wanted the line surveyed and moved over away from their home.

And they spent several thousand dollars for a surveyor and the surveyed line turned out to be partially over the roof of their new home.

Seeing this the neighbor hired a bulldozer and built a fence where his cows grazed over their bedroom while they slept.

The rest is a bit foggy in my memory but there was some kind of argument with the neighbor—-her husband had a gun —-


< > Effective - 28 Aug 2023, 12 histories    bottom
  571.030. Unlawful use of weapons, offense of — exceptions — violation, penalties. — 1. A person commits the offense of unlawful use of weapons, except as otherwise provided by sections 571.101 to 571.121, if he or she knowingly:
(1) Carries concealed upon or about his or her person a knife, a firearm, a blackjack or any other weapon readily capable of lethal use into any area where firearms are restricted under section 571.107; or
(2) Sets a spring gun; or
(3) Discharges or shoots a firearm into a dwelling house, a railroad train, boat, aircraft, or motor vehicle as defined in section 302.010, or any building or structure used for the assembling of people; or
(4) Exhibits, in the presence of one or more persons, any weapon readily capable of lethal use in an angry or threatening manner; or

—-

8. A person who commits the crime of unlawful use of weapons under:

(1) Subdivision (2), (3), (4), or (11) of subsection 1 of this section shall be guilty of a class E felony;

——


Explain “flourishing a deadly weapon” to a woman who had to raise children on her own over a boundary dispute while her husband went to prison, and you’ll call your Mama to thank her how you were raised.

——

Thou shalt not remove thy neighbour's landmark, which they of old time have set in thine inheritance, which thou shalt inherit in the land that the Lord thy God giveth thee to possess it.

——


And also —-


And I have given you a land for which ye did not labour, and cities which ye built not, and ye dwell in them; of the vineyards and oliveyards which ye planted not do ye eat.

——

I can also state, that the only professionals who charge more to stir up pure, white hot hatred between neighbors that lasts for generations, than lawyers are surveyors.

Ignorance of the true line is always cheaper.

Unless a lender absolutely requires it, never ever survey a line.

Every neighbor who sees the flags will hate you and your family for generations yet unborn.
 

Sig

Lifer
Jul 18, 2023
2,064
11,705
54
Western NY
I dont know how it works where you live, but "grandfathered" here usually refers to a "right of way", or an easement.
There is an old couple that lives across the road from us. Technically we own the last 4 feet of their driveway. But they have an easement in their deed that I guess my grandpa made for them many decades ago.
Why didn't he just give the 4 feet to them? Who knows, he was an odd guy.
New people are currently moving into the house. Im going to talk to my lawyer to see if there is a reason I shouldn't give them the 4'x60' chunk of land. We have 600 acres on one side of the road and like 0.008 acre on the other side.
Part of me wonders if there is some unknown reason old grandpa wouldn't sell it.
With my luck I would give it away, then they would hit black gold.
They would pack up and move to Beverly Hills, while I sit here sad and broke. :(

Orrrr, you may be talking about another situation we had here when we moved to this property in 2003.
My wife was outside with our dogs, when 3 guys with rifles were walking through our yard. She said "excuse me".
We are very rural and own all the land in the immediate area. It would be very odd that someone would be THIS far in without knowing it. They were walking through the yard for god's sake.
Anyways, they explained that the old lady that used to live here has let them hunt here for 20+ years. Passed from the one guys dad to him. I should have mentioned it was hunting season. :)
They apologized and promptly left. The wife told them to carry on, but they left, and never returned.
I was overseas with the Army.
I never saw or heard from them.
 
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Briar Lee

Lifer
Sep 4, 2021
6,958
23,517
Humansville Missouri
The earth is a sphere.

People are selfish bastards.

In Bible times, the Kings would order landmarks be laid down so that their subjects could sell, or give to their children, parcels and tracts of land so they could build homes, plant crops, raise families and pay taxes to the King.

In more modern times the governments who owned all the land they chiseled the natives out of, ordered surveyors to survey the tracts and sort of ignore they are all slices of a sphere. Those old survey lines are right today even if they were off back then , and they were all off, but not by much. I was constantly amazed how close they were two centuries ago using their instruments and methods. Forty acres (a quarter quarter section) is the same dimensions in Arkansas as in Kansas. Arkansawyers get more surface area, sort of like a rusticated pipe.

People say they own their land.

If they don’t have a public road easement they own nothing worth having.

When you see a fence row that’s ancient, it didn’t sprout there. Two neighbors agreed that’s where the line was, or they claimed it was.

The same applies to buildings and roads and other improvements. If they are there the presumption is they belong there.

In more recent times, hunting rights are sold because people are selfish bastards and selfish bastards sue landowners when they fall down. There are no prescriptive trespassing rights or hunting privileges.

What is so wrong with our modern world is too few children are taught the Sermon on the Mount today.

Such people enable us lawyers to earn a very good living.:)
 
Last edited:

dozicusmaximus

Starting to Get Obsessed
May 15, 2021
124
1,252
Ohio
If you have a deed. Was it filed in the county public records? Are you paying taxes?
You could have easements or agreements on your property you may not be aware of, that prior owners filed in the past 100+ years.
 

Briar Lee

Lifer
Sep 4, 2021
6,958
23,517
Humansville Missouri

Jury convicts landowner in shooting death on Meramec River​

ST. LOUIS POST-DISPATCH

STEELVILLE — James Crocker made a sudden decision yesterday to take the stand to defend himself at the end of his murder trial at the Crawford County Courthouse.
But his last-minute effort to recast his July 20 confrontation with a drunken group of Meramec River floaters — in which he shot and killed Paul Dart Jr. on a gravel bar — failed to persuade a jury.

He testified that he fired a warning shot when Dart's group of revelers on the river refused to leave property he thought he owned. When an argument grew to fever pitch, Crocker pointed a 9 mm pistol at them, urging them to get back.

"That's when I believe I got hit in the head" with a rock "and the gun went off," Crocker testified


——

Whatever the dispute is the candle is never worth the flame.

Arguments with neighbors are expensive and they are dangerous.

Not only was the Sermon on the Mount drilled into my soul, also was Governor Jimmie Davis sleeping on a pillow of stone.:)


Shackles and Chains