Illegal Dumping on my Property

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Latest post 06-13-2011 7:37 PM by Drew. 10 replies.
  • 06-09-2011 7:43 PM

    • jmogs
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    • MO
    • Posts 6

    Illegal Dumping on my Property

    This property is located in Missouri.  I own land that is vacant.   I have a neighbor who drives accross my property (with my permission) to get to a shop that he uses for his electrical contracting business that is just accross the property line. 

    I walked my property yesterday and see that he is dumping waste from his business such as piles of electrical wiring, big wooden wire spools, old fuse boxes, electric poles, etc in addition to discarded furniture, old toys, tires, TVs and that sort of thing. There is an adandoned farmhouse on the property and he had dumped trash in the old house as well.  It may be that he thinks since the house is falling down that it's ok to just dump his trash there too? I did take pictures.

    I have a call in to him the arrange for us to meet at the place when I will tell him I want it cleaned up and give him 30 days to get it done.  I would like to keep things civil, this gentleman is actually a cousin. 

    If things don't go well, such as if he does not do the clean up or denies that he did the dumping, what suggestions do you all have as far as how to deal with him?

     

     

  • 06-09-2011 7:48 PM In reply to

    • Kivi
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    Re: Illegal Dumping on my Property

    For the sake of this discussion, let's suppose your cousin says he was not the one who did the dumping.

    What's your next step? Unfortunately, complete strangers have been known to dump stuff on vacant land, properties.

    In order to go anywhere legally with this one, you are going to need some proof. Right now you have pictures of the dumped stuff, but anyone could have done the dumping.

    I just don't think that your pictures, standing by themselves, are going to prove much of anything in a court of law.

  • 06-09-2011 11:35 PM In reply to

    • jmogs
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    Re: Illegal Dumping on my Property

    Since much of the dumped stuff is electrical contractor stuff and since his electrical shop building is is right there on the other side (his side) of the driveway, I'm hoping that will be pretty convincing.  I made sure to show the electrical stuff in the pictures. 

    Hopefully he will agree to clean it up since he needs to continue to use my driveway as there is a valley that separates his house from his shop building and it would be really expensive for him to put in a road on his own property.

  • 06-10-2011 9:41 PM In reply to

    • DPH
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    Re: Illegal Dumping on my Property

    jmogs:
    Hopefully he will agree to clean it up since he needs to continue to use my driveway

    If he doesn't agree, are you willing to "dig in" and deny him further access?  If your answer is yes, I would make an appointment with a good, local RE attorney and explain exactly how long you have allowed him to cross your property and any terms that you placed on this permission.  The attorney will know the questions to ask.  Make sure you understand any potential problems with restricting access BEFORE you take any action.

    The bottom line is that if he doesn't do what you want, there are going to be major league hard feelings within the family when you deny further access.

    Good luck.

    "Never argue with stupid people, they will drag you down to their level and then beat you with experience."  -  Mark Twain

     

  • 06-11-2011 1:50 PM In reply to

    • Drew
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    • Joined on 03-30-2000
    • PA
    • Posts 48,926

    Re: Illegal Dumping on my Property

    Generally speaking you have a right to terminate permission to cross your lands--unless he his paying for said right via a contract in which case review the contract.

    Probably smarter to spend a some bucks with skilled RE counsel up front to sort out how to better play your options.

    I'd NOT cut my cousin much slack to get it cleaned up very promptly and kept cleaned up or else he can build his own road thru the valley.



  • 06-11-2011 5:32 PM In reply to

    • jmogs
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    Re: Illegal Dumping on my Property

    Thanks for the comments and suggestions.  I spoke to my cousin on the phone last evening and arranged to meet him at the property today.  We actually had a pleasant visit.  He had even brush hogged the place before I got there.  He has agreed to remove the stuff that he has on the place in the next month (he did not own up to all of it but the electrical stuff he admits is his).  I told him I'd be back to check.  Hopefully it will get done and he knows now that I'm going to keep a closer eye on the place.  I hope to sell it in the year or so, but I didn't tell him that.

    Selling the place brings it's own set of issues as I will owe a whole lot of capital gains tax when I sell.  I've been reading up on doing a 1031 exchange and buying a nice rental that I can actually be making some money on.  That's sounding better to me all the time.  This land has been in my family since 1915, but I think it's time to let it go.

    Thanks you all.

  • 06-12-2011 10:40 AM In reply to

    • Drew
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    Re: Illegal Dumping on my Property

    1031's work as expected--but to be a residential LL can be a royal pain full of tenant suprises--so be careful---



  • 06-12-2011 7:18 PM In reply to

    • jmogs
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    • MO
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    Re: Illegal Dumping on my Property

    Yeah, I just sold a rental last year to get out of it, it's great when you have a good renter but I know how bad it can be when it's bad!  I'm ging to hold off awhile at least before I do anything.  What I'm actually thinking is that when I do the 1031, I will rent it out only for a year or two, then convert it to my primary residence and stay there at least until I've had it five years and sell it tax free.  I'll be retirement age by then and probably looking to follow the kids/grandkids to whever they settle down.  Thanks!

     

  • 06-13-2011 9:14 AM In reply to

    • Drew
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    • PA
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    Re: Illegal Dumping on my Property

    Do NOT give your cousin a deeded easement to his lands lest you want to kill the value of your lands for sale purposes--and be careful about any license for passage you cannot readily extinquish.



  • 06-13-2011 10:17 AM In reply to

    • jmogs
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    • MO
    • Posts 6

    Re: Illegal Dumping on my Property

    Thanks Drew.  He actually did mention an easement but I didn't commit to anything.  I was thinking the same thing you have brought up, that an easement would decrease the value of my land.

  • 06-13-2011 7:37 PM In reply to

    • Drew
      Consumer
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    • Joined on 03-30-2000
    • PA
    • Posts 48,926

    Re: Illegal Dumping on my Property

    Even a poorly written license to cross could be a value killer.

    If you are going to grant permission--have your lawyer craft it!



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