Missouri Strip Mine Crosses Several Boundaries

[PitBoss]

My question involves real estate located in the State of: Missouri

Over 50 yrs ago, the family had a shallow coal strip mine dug across some of our farmland. As the vein was followed, the mine meandered such that one end of it crosses 3 other property owners in the area. When the mine pulled out, the hole was allowed to fill with water and was stocked with game fish (by my family). The fence lines remain in place (that is, up to the point where they actually enter the water). The neighboring farmers use their access to water livestock.

The water area resembles an elongated "s". 600 plus yds long, dogleg right for another 150yds, then dogleg left for last 40 yds. 60-70 yds at widest down to 30 yds at narrowest point.

Over 75% of the body of water is on our property. Problem arises when the corner owners allow friends and now 10th generation friends to fish and hunt the whole area through their portal.

When one neighbor found people fishing on his corner, he was met with attitude stating that "I know where I am...THEY know who I am...watch out, I fixin to shoot a snake...pow" The owner knows the "they" their claiming to know is me and they do NOT have permission to be there.

So, the question becomes somewhat of a maritime (inland body of water), territorial waters question. What rights do I have to keep them off my part of the body of water and any adjacent land they might hunt or trap from? Does Criminal Trespass apply as it does on the adjoining land?

I don't want trouble but I don't want them churning up the entire body of water and eroding the shoreline with they weekend Sea-Do0, ski boat joy riding as well as hunting without our knowledge/permission when we go to hunt (impossible to see good camo once they sit still). It's a safety as well as territorial issue.

Do I: see the sheriff (impossible to get there quickly enough on any call)? Put even more purple paint and signage up? Try to catch them, license numbers, send a legal letter etc?

Obviously, they're already illiterate and color blind. What now?
PB

[seniorjudge]

I suspect that the neighbors own the surface rights; you may just own the mineral rights.

Is that correct?

[seniorjudge]

http://bulk.resource.org/courts.gov/...6.18700_1.html

You may be the one who is trespassing by allowing the lake to remain on the surface of the neighbors' land.

I would hire a very good real estate lawyer to investigate your problem.

[PitBoss]

No mineral rights issue here. My grandmother owned the land when the mine wanted to dig for coal...just as the neighbors owned their respective plots at the same time.

Since the water that collected benefits the livestock of the neighbors, there has never been an issue of "your water slops over on my land". They don't need to haul water in dry seasons.

As such, it doesn't appear to be a "surface vs mineral rights" issue. No one is contesting that. My issue is that the owners "little" corner is allowing invited and uninvited "visitors" access who then seize the opportunity to navigate the entire body...and who act like it's their right to do so.

My question is whether that is true or do I have the right to prosecute if they defy the purple paint, signs, and my requests and don't leave my part of the body of the water...as another neighbor has vowed to do.

Thank you for the responses and the link. I'll check it out.