Property Invasion, Damages, Trespass Criminal Trespass and Criminal Mischief Over Property Encroachment

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AlleyKat90

New Member
Last week my husband and I were charged with criminal trespass and criminal mischief for removing 2 light posts from OUR property that belong to our neighbor. These lights were removed in 2001 but the neighbor re-installed them in 2003 while my husband was deployed. When my husband returned from deployment most of our property survey pins had been removed so we couldn't do anything about it. Last summer we had our entire property surveyed and began the process of getting this jerk and his dangerously wired lights off our land. Will these charges stick? Can we criminally trespass on our own land? #frustated
 
AlleyKat90 said:
Last week my husband and I were charged with criminal trespass and criminal mischief for removing 2 light posts from OUR property that belong to our neighbor. These lights were removed in 2001 but the neighbor re-installed them in 2003 while my husband was deployed. When my husband returned from deployment most of our property survey pins had been removed so we couldn't do anything about it. Last summer we had our entire property surveyed and began the process of getting this jerk and his dangerously wired lights off our land. Will these charges stick? Can we criminally trespass on our own land? #frustated
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I suggest you and your husband hire attorneys to defend you and represent your interests.
You need to do two things:
Defend yourselves on the criminal charges, first and foremost;

Then hire an attorney to pursue a civil remedy against the person who allegedly trespassed on your property, destroyed your survey markers, and placed lights on your land.

Now, beware of this, adverse possession.
You need to have your lawyer determine if the miscreant neighbor has any out with the theory of "adverse possession".

I wish you well, and no one can ever say what jury will decide.
 
I suspect, as you describe it, that this matter will not go far at all. The District Attorney well likely refuse the case and refer the matter to civil court where it belongs. Just because a police officer comes and writes a report does not mean a crime occurred. The criminal elements are missing from this scenario.
 
Thank you for the replies. In PA adverse possession is 21 years. This idiot has only been there 16! Plus we did throw him off part of the way in 2001. It is just horrible that a police officer would charge someone without speaking to them. They basically took the word of our neighbor and charged us! The attorney for this is costing us a lot of money. Would we be able to sue our neighbor for these feed in small claims court?
 
AlleyKat90 said:
Thank you for the replies. In PA adverse possession is 21 years. This idiot has only been there 16! Plus we did throw him off part of the way in 2001. It is just horrible that a police officer would charge someone without speaking to them. They basically took the word of our neighbor and charged us! The attorney for this is costing us a lot of money. Would we be able to sue our neighbor for these feed in small claims court?
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Yes, you can sue in small claims, but why bother?
Why not discuss with your attorney if he or she can amend the complaint to seek reimbursement of attorney costs for the current matter for before the bar?
Small claims is not as useful as many think it to be.
Once you prevail, you then have to collect the judgment.
Your options are very limited when attempting to collect a small claims case, plus you can't sue him for yoru attorney's fees in a case from another court.
But, you can seek reimbursement in the case you are working, or you can prevail in that case, and bring a new case for maliscious prosecution.
I also suggest you put up a fence.
No, you can't get him to share in that cost, but it;ll save you from more shenanigans.
 
I'm wondering whether adverse possession would apply and guessing that perhaps what may be in issue is an "easement" - which amounts to a right to use the property, such as the electric company's electric pole on private property. They didn't exclude you from the use of the property and haven't. They just trespassed upon your property and put something there for their own use.

I'm guessing that the claim can easily go away quickly once the DA or a court looks at it. That's not the concern. The issue is mostly the civil case and whether it is worthwhile. I'm wondering whether you can sue them for damages and unauthorized use of the property in addition to the attorneys' fees, which are usually difficult to obtain in spite of what would seem to be appropriate in many circumstances. The fence idea is a good one and rather amusing, considering that if he breaks it down, it's your turn to call the police, lol. Best of luck.
 
So now our hearing before the magistrait has been continued by tbe attorney of our neighbor for the second time. Originally our hearing was to be us and the cop and now our neighbor has his own attorney involved. Is this normal?
 
AlleyKat90 said:
So now our hearing before the magistrait has been continued by tbe attorney of our neighbor for the second time. Originally our hearing was to be us and the cop and now our neighbor has his own attorney involved. Is this normal?
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Yes, its normal for people to hire an attorney.
It also means you might wish to consider hiring yourselves an attorney (if you have one), then get ready for some awesome 4th of July fireworks!!!

The other party's attorney must think he or she has discovered some novel or clever legal approach for his or her clients.
 
We found it strange that this new development occurs after the property was re-surveyed. Of course the survey is in our favor. Our attorney is back in town next week....I like the idea of fireworks! Hopefully also waving thr "V" of victory!
 
AlleyKat90 said:
We found it strange that this new development occurs after the property was re-surveyed. Of course the survey is in our favor. Our attorney is back in town next week....I like the idea of fireworks! Hopefully also waving thr "V" of victory!
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I like fireworks too. LOL

I'm guessing the adverse possession claim rears it ugly head, or the open and notorious use assertion.

Please, let us know what develops.

I wish you success.
 
Adverse posession in PA is 21 years. This idot has only been there 16 and we removed his lights once....funny that is was not considered a crime the first time. So fruststing.
 
AlleyKat90 said:
Adverse posession in PA is 21 years. This idot has only been there 16 and we removed his lights once....funny that is was not considered a crime the first time. So fruststing.
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He may be claiming AP by proxy from the previous owner, who knows?

I do love the law, sometimes. LOL
 
What do mean by AP by proxy? No one used this property for at least 8 years before he owned it and we had a verbal agreement with compensation with all previous owners before him.
 
AlleyKat90 said:
What do mean by AP by proxy? No one used this property for at least 8 years before he owned it and we had a verbal agreement with compensation with all previous owners before him.
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There is no such legal theory as adverse possession by proxy.
I made it up, just as your vexatious neighbor does. LOL
 
army judge said:
There is no such legal theory as adverse possession by proxy.
I made it up, just as your vexatious neighbor does. LOL
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Ohhh...I guess I was a little slow! Ha! Since this will be a hearing for the trespassing charges before the magistrate, can he even bring up adverse possession?
 

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