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Re: People taking things from lease
[Re: HS2]
#5733283
05/07/15 06:08 PM
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Joined: Mar 2012
Posts: 13,614
1860.colt
emoji colt.45
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emoji colt.45
Joined: Mar 2012
Posts: 13,614 |
Did U know that Fencing was started by de French... Sammual Colt came up with the Peacemaker ta make men equal... As pappy once said: True Peace comes from with-in .... Best wishes Mr. Humblesmith..
i'm postaddic
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Re: People taking things from lease
[Re: BigPig]
#5733514
05/07/15 08:58 PM
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Joined: Nov 2007
Posts: 13,203
CCBIRDDOGMAN
Bird Herder
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Bird Herder
Joined: Nov 2007
Posts: 13,203 |
I would have contacted the law, kept possession of his truck until damages were paid for, and the offered to sell him his junk back. It's no different then if he crashed into your fence, you can maintain possession of his vehicle until all things are setteled to your satisfaction. You sure about this? I wouldn't think you can keep someones vehicle until the fence is fixed because they crashed into it. It's not like you pull out your wallet and pay for it right then & there, that is why we pay for insurance. Correct me if I'm wrong though.
Haven't had it in years but never spit any out. I am a sucker for happy endings and strapped cowboys.
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Re: People taking things from lease
[Re: redchevy]
#5733521
05/07/15 09:05 PM
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Joined: Nov 2013
Posts: 176
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Woodsman
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Woodsman
Joined: Nov 2013
Posts: 176 |
I would want more info. Did he just cut the fence somewhere away from a gate? Did he cut it and go around a gate? Did he fix it after he cut it? Did he talk to the previous owner? Did the previous owner tell him he could go get his stuff? Did he know that the property changed ownership? You know there isn't a name tag at the front gate that tells you this. There is no circumstance under which it would be appropriate to cut someone's fence. If he knew he needed to get his stuff off, he must have known the property changed ownership. And if he didn't know, then he knowingly cut the fence of the previous owner, whom he was leasing from. Im not saying the guy did the right thing, im saying like so often happens on here it sounds like some details that might mater are being left out. I am with "redchevy" on this. No one is saying it is right to cut the fence. I don't want to offend the OP, or anyone else for that matter. But I believe the most intrusion from the hunter was to "have trespassed" OP's land - feeder and camera were taken away already, blinder wes left; fence - neighbor's fence in this case - was cut. No one likes "trespassing" for sure. Lots of THF embers are long term land owners. Apparently many factors in play, but how often are your lands been trespassed? Maybe knowing the "norms" will lower the new landowner’s expectation and have more an ease of mind. I apologize in advance if my point is way off base.
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Re: People taking things from lease
[Re: HS2]
#5733526
05/07/15 09:14 PM
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Joined: Feb 2013
Posts: 4,695
krmitchell
Extreme Tracker
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Extreme Tracker
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What are the "norms" of trespassing?
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Re: People taking things from lease
[Re: krmitchell]
#5733531
05/07/15 09:19 PM
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Joined: Nov 2013
Posts: 176
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Woodsman
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Woodsman
Joined: Nov 2013
Posts: 176 |
What are the "norms" of trespassing? Meaning how often you see it happpening on your land. once in a few months? once in a year?
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Re: People taking things from lease
[Re: HS2]
#5733571
05/07/15 09:51 PM
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Joined: Oct 2004
Posts: 39,549
redchevy
THF Celebrity
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THF Celebrity
Joined: Oct 2004
Posts: 39,549 |
If I ever see a trespasser it would be too often.
My point is this guy at one point leased the property he probably called the old owner and he just told him to go get it. At that point id be mad at the seller because he didn't have that authority to give.
On the other hand what if the guy had a year lease and his lease wasn't up yet? I know when it comes down to brass tacks the land owner always wins in dear lease fights, but if you want to talk about what is right and what is wrong, then he might have had every right.
We just don't know any of this.
It's hell eatin em live
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Re: People taking things from lease
[Re: png]
#5733802
05/08/15 12:06 AM
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Joined: Feb 2013
Posts: 4,695
krmitchell
Extreme Tracker
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Extreme Tracker
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What are the "norms" of trespassing? Meaning how often you see it happpening on your land. once in a few months? once in a year? Anytime. I'm not going to be okay with someone trespassing just because they rarely do it.
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Re: People taking things from lease
[Re: redchevy]
#5734084
05/08/15 02:43 AM
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Joined: Nov 2013
Posts: 176
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Woodsman
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Woodsman
Joined: Nov 2013
Posts: 176 |
...If I ever see a trespasser it would be too often.. ok, ok, redchevy. You are not my buddy anymore. Hi OP, go ahead, sue the guy, confiscate his truck, ATV, gun, camera, feeder, and ... cut the fence more - make sure no one is watching - and blame it on him....
Last edited by png; 05/08/15 02:43 AM.
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Re: People taking things from lease
[Re: krmitchell]
#5734105
05/08/15 02:57 AM
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Joined: Nov 2013
Posts: 176
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Woodsman
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Woodsman
Joined: Nov 2013
Posts: 176 |
Anytime. I'm not going to be okay with someone trespassing just because they rarely do it.
I have not seen a trespasser, but noticed evidence twice in 6 months. Memeory cards were taken once. This is in south east texas and in the woods. I was warned before getting on, so I am not surprised.
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Re: People taking things from lease
[Re: png]
#5734120
05/08/15 03:08 AM
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Joined: Feb 2013
Posts: 4,695
krmitchell
Extreme Tracker
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Extreme Tracker
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Anytime. I'm not going to be okay with someone trespassing just because they rarely do it.
I have not seen a trespasser, but noticed evidence twice in 6 months. Memeory cards were taken once. This is in south east texas and in the woods. I was warned before getting on, so I am not surprised. So because of that you haven't contacted the GW?
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Re: People taking things from lease
[Re: krmitchell]
#5734188
05/08/15 03:32 AM
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Joined: Nov 2013
Posts: 176
png
Woodsman
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Woodsman
Joined: Nov 2013
Posts: 176 |
So because of that you haven't contacted the GW?
I didn't. You believe notifying GW would make any difference?
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Re: People taking things from lease
[Re: redchevy]
#5734226
05/08/15 03:52 AM
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Joined: Jun 2014
Posts: 496
HS2
OP
Bird Dog
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OP
Bird Dog
Joined: Jun 2014
Posts: 496 |
I would want more info. Did he just cut the fence somewhere away from a gate? Did he cut it and go around a gate? Did he fix it after he cut it? Did he talk to the previous owner? Did the previous owner tell him he could go get his stuff? Did he know that the property changed ownership? You know there isn't a name tag at the front gate that tells you this. These are all good questions. The fence was cut just a few feet left of the gate....maybe 20 to 30 feet. My neighbor told me he caught the guy on his land and that the tresspasser cut his fence. On my side, the fence was down and tire tracks went right through it.....about the same 20 to 30 feet left of my gate. I wasn't there when the event on my side happened, so I can't prove anything from my property, but it seems more than a coincidence. What I did see is the guy stuck in the mud while he was tresspassing on my neighbor's property, and my neighbor trying to get him out. The guy made huge ruts in an otherwise smooth road. He may or may not have offered to help the neighbor fix it.....I had to leave so I won't know till I ask my neighbor. I don't know what the previous owner told him or what arrangement they had. But I do know that there were billboard-sized For Sale signs on the property, right next to the road, starting 14 months ago. So everyone and their dog knew the property was for sale, well before last summer and hunting season. Plus, the tresspasser told my neighbor that he removed the stuff from my side. The stuff was moved in less than a week when I had a sales contract last Sept. 2. So he knew the property was being sold. I also assume he knew the property sold since he showed up within 7 days of the final sale to get his stuff from my neighbor. So neither me nor my neighbor were wanting to keep the man's things. We would have helped him remove them if he'd just asked. He just didn't even take the time to ask, he just snuck onto our property and cut our fences, hoping to get in and out after the final papers were signed. I would think that a normal person would have called in advance and said "Hey, I've got some things on the land but can't get them off before the sale. I'd like to request that I be able to get them when the land dries up." But he didn't. Plus, he could have walked in and gotten his game cameras......they were only a couple hundred yards off of the paved road. But he didn't. So here's another question: If you were the buyer, and someone came to you a few days before the sale and said he wants to come a few months after the sale and get his stuff, would you let him? How about if he approached you a week after the sale and requested the things?
Last edited by Humblesmith; 05/08/15 04:03 AM.
Podcast: Reasoning Through the Bible ReasoningThroughTheBible.com
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Re: People taking things from lease
[Re: HS2]
#5734273
05/08/15 05:14 AM
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Joined: Aug 2004
Posts: 17,721
Txduckman
THF Celebrity
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THF Celebrity
Joined: Aug 2004
Posts: 17,721 |
There is only one thing I would have done. Kicked him off, get supplies to fix road and fence and then you can get your truck and stuff. Pretty simple. Why would he pull him out before all of that was taken care of? At least verify residence and get down payment or no vehicle. He must have one hell of a sob story to lose a camera.
I left a nice blind and feeder on a property my friend had access too and can't get it. Owner won't respond. One of the best horse trainers in N Texas. Runs largest facility in Wylie. Apparently if you leave a trainer it is worse than cheating on your wife. I have friends who bought horses from him. Dude will not respond but I won't break law for a couple thousand dollars that hopefully he will let us have our stuff.
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Re: People taking things from lease
[Re: HS2]
#5734475
05/08/15 01:25 PM
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Joined: Oct 2004
Posts: 39,549
redchevy
THF Celebrity
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Posts: 39,549 |
As a buyer I would have made sure all the leasholders had their stuff off before closing or an agreement was made. The lease holder isn't privy to any of the sales discussion. A for sale sign means nothing, every property is for sale for the right price.
In rural areas it can be pretty difficult to find a phone number for someone.
It's hell eatin em live
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Re: People taking things from lease
[Re: HS2]
#5734555
05/08/15 01:58 PM
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Joined: Mar 2012
Posts: 823
newulmboy
Tracker
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Tracker
Joined: Mar 2012
Posts: 823 |
So here's another question: If you were the buyer, and someone came to you a few days before the sale and said he wants to come a few months after the sale and get his stuff, would you let him? How about if he approached you a week after the sale and requested the things?
When I purchased my place North of Rocksprings, me and the seller agreed he would keep two (large) feeders and a travel trailor. He, supposively, came out one week before closing but got his tractor stuck and couldnt remove the said items. Only problem is the items are located on solid rock. No big deal, I gave him, verbally, another month or so after closing to remove the items. Well 19 months later he emails me and said he coming to get his items after making no attempt prior. I even started a post on there asking others what they would do. Tell him to beat it, or come get your stuff. I got mixed reviews, about 50/50. I needed up telling the guy, no problem, you can get your stuff. But, I needed to be present while he was there, and he had to remove all items, not pick and choose what to take. I knew he just wanted the feeders, and not the travel trailor. The guy never emailed or called back, nor have I seen evidence of anyone trying to remove any items from my property.
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Re: People taking things from lease
[Re: HS2]
#5734566
05/08/15 02:04 PM
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Joined: Mar 2012
Posts: 13,614
1860.colt
emoji colt.45
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emoji colt.45
Joined: Mar 2012
Posts: 13,614 |
I would want more info. Did he just cut the fence somewhere away from a gate? Did he cut it and go around a gate? Did he fix it after he cut it? Did he talk to the previous owner? Did the previous owner tell him he could go get his stuff? Did he know that the property changed ownership? You know there isn't a name tag at the front gate that tells you this. These are all good questions. The fence was cut just a few feet left of the gate....maybe 20 to 30 feet. My neighbor told me he caught the guy on his land and that the tresspasser cut his fence. On my side, the fence was down and tire tracks went right through it.....about the same 20 to 30 feet left of my gate. I wasn't there when the event on my side happened, so I can't prove anything from my property, but it seems more than a coincidence. What I did see is the guy stuck in the mud while he was tresspassing on my neighbor's property, and my neighbor trying to get him out. The guy made huge ruts in an otherwise smooth road. He may or may not have offered to help the neighbor fix it.....I had to leave so I won't know till I ask my neighbor. I don't know what the previous owner told him or what arrangement they had. But I do know that there were billboard-sized For Sale signs on the property, right next to the road, starting 14 months ago. So everyone and their dog knew the property was for sale, well before last summer and hunting season. Plus, the tresspasser told my neighbor that he removed the stuff from my side. The stuff was moved in less than a week when I had a sales contract last Sept. 2. So he knew the property was being sold. I also assume he knew the property sold since he showed up within 7 days of the final sale to get his stuff from my neighbor. So neither me nor my neighbor were wanting to keep the man's things. We would have helped him remove them if he'd just asked. He just didn't even take the time to ask, he just snuck onto our property and cut our fences, hoping to get in and out after the final papers were signed. I would think that a normal person would have called in advance and said "Hey, I've got some things on the land but can't get them off before the sale. I'd like to request that I be able to get them when the land dries up." But he didn't. Plus, he could have walked in and gotten his game cameras......they were only a couple hundred yards off of the paved road. But he didn't. So here's another question: If you were the buyer, and someone came to you a few days before the sale and said he wants to come a few months after the sale and get his stuff, would you let him? How about if he approached you a week after the sale and requested the things? RedChevy asked some great questions, as U pointed out.. Your answer side steps & refures ta your neighbor i got held back, as most have pointed out, & i have also not the best at English... Then at bottom of post U ask: As a buyer what would we do? Yes & yes... Just a wild guess, the reason the person cut your neighbor's & your fence, the gates were locked... Think most would agree, theirs a better way... Is the leasy on this form ta give their side of the coin? Some times my mind wonders... Good debete... Again Best wishes... just my worth....
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Re: People taking things from lease
[Re: CCBIRDDOGMAN]
#5734645
05/08/15 03:07 PM
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Joined: Aug 2009
Posts: 22,716
BigPig
THF Celebrity
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THF Celebrity
Joined: Aug 2009
Posts: 22,716 |
I would have contacted the law, kept possession of his truck until damages were paid for, and the offered to sell him his junk back. It's no different then if he crashed into your fence, you can maintain possession of his vehicle until all things are setteled to your satisfaction. You sure about this? I wouldn't think you can keep someones vehicle until the fence is fixed because they crashed into it. It's not like you pull out your wallet and pay for it right then & there, that is why we pay for insurance. Correct me if I'm wrong though. Sec. 28.04. RECKLESS DAMAGE OR DESTRUCTION. (a) A person commits an offense if, without the effective consent of the owner, he recklessly damages or destroys property of the owner. (b) An offense under this section is a Class C misdemeanor. Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974. Amended by Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994. Sec. 28.05. ACTOR'S INTEREST IN PROPERTY. It is no defense to prosecution under this chapter that the actor has an interest in the property damaged or destroyed if another person also has an interest that the actor is not entitled to infringe. Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974. Amended by Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994. I'm getting to the question you asked... Give me a few minutes
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Re: People taking things from lease
[Re: HS2]
#5734692
05/08/15 03:34 PM
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Joined: Nov 2004
Posts: 11,410
Choctaw
THF Celebrity
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THF Celebrity
Joined: Nov 2004
Posts: 11,410 |
If you have to cut a fence that is a clue you don't belong there.
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Re: People taking things from lease
[Re: HS2]
#5734696
05/08/15 03:37 PM
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Joined: Oct 2004
Posts: 39,549
redchevy
THF Celebrity
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THF Celebrity
Joined: Oct 2004
Posts: 39,549 |
There is also a wronged feeling when you call up your landowner and say hey im gonna swing by this weekend fill my feeder and pay the first 1/2 of the lease like every year and in return he tells you oh hey by the way I sold the property you need to get your stuff off.
It's hell eatin em live
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Re: People taking things from lease
[Re: HS2]
#5734702
05/08/15 03:46 PM
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Joined: Nov 2004
Posts: 11,410
Choctaw
THF Celebrity
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THF Celebrity
Joined: Nov 2004
Posts: 11,410 |
Heck yes, that is frustrating. However, the new landowner didn't do anything wrong, and surely didn't deserve to have his property damaged.
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Re: People taking things from lease
[Re: HS2]
#5734712
05/08/15 03:52 PM
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Joined: Oct 2004
Posts: 39,549
redchevy
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This reminds me of something.
I am guilty of trespassing recently. My family it total owns a couple thousand acres in north Texas with a kick arse creek running through the middle of it. The family is all pretty distant, but has always allowed each other to bird hunt and fish and access/cross each others properties for these purposes. The property has already been divided into 200-600 acre tracts owned by individual parts of the family as older relatives have passed away. A while back my brother went down there and fished the creek. While he was fishing a guy drove up all pizzed off and yelling at him about who the heck he was and why he was trespassing etc. Brother explained things and the guy told him to get so he got. When he got home he made some calls turns out someone sold their piece out and never said a word to anyone else. Was it trespassing? yeah guess so, but my brother didn't know it was.
It's hell eatin em live
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Re: People taking things from lease
[Re: HS2]
#5734715
05/08/15 03:55 PM
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Joined: Oct 2004
Posts: 39,549
redchevy
THF Celebrity
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Posts: 39,549 |
Just a short time before my brother went through the property I was there too and fished. We have been doing it for over 20 years and my dad did it before us. Now that we know it is sold and no longer family land we don't go there, but we had no idea it had changed hands. There were no locked gates like there always has been.
It's hell eatin em live
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Re: People taking things from lease
[Re: redchevy]
#5734725
05/08/15 04:06 PM
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Joined: Sep 2009
Posts: 6,074
Justin T
THF Trophy Hunter
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THF Trophy Hunter
Joined: Sep 2009
Posts: 6,074 |
This reminds me of something.
I am guilty of trespassing recently. My family it total owns a couple thousand acres in north Texas with a kick arse creek running through the middle of it. The family is all pretty distant, but has always allowed each other to bird hunt and fish and access/cross each others properties for these purposes. The property has already been divided into 200-600 acre tracts owned by individual parts of the family as older relatives have passed away. A while back my brother went down there and fished the creek. While he was fishing a guy drove up all pizzed off and yelling at him about who the heck he was and why he was trespassing etc. Brother explained things and the guy told him to get so he got. When he got home he made some calls turns out someone sold their piece out and never said a word to anyone else. Was it trespassing? yeah guess so, but my brother didn't know it was. This is not the same thing. He cut the fence. What else do you need to know?
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Re: People taking things from lease
[Re: HS2]
#5734727
05/08/15 04:07 PM
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Joined: Oct 2004
Posts: 39,549
redchevy
THF Celebrity
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THF Celebrity
Joined: Oct 2004
Posts: 39,549 |
Did he have an un expired lease?
It's hell eatin em live
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Re: People taking things from lease
[Re: redchevy]
#5734731
05/08/15 04:10 PM
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Joined: Nov 2013
Posts: 176
png
Woodsman
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Woodsman
Joined: Nov 2013
Posts: 176 |
Just a short time before my brother went through the property I was there too and fished. We have been doing it for over 20 years and my dad did it before us. Now that we know it is sold and no longer family land we don't go there, but we had no idea it had changed hands. There were no locked gates like there always has been. oh... I thought "... see a trespasser ... would be too often." You didn't look at all the direction, then. Just kidding, my friend.
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