Results 1 to 9 of 9
  1. #1
    Join Date
    Aug 2011
    Location
    Virginia
    Posts
    4

    Default Wrongful Trespassing Accusations as Defamation or Harassment

    My question involves defamation/harassment in the state of: Virginia

    "Dick" owns property that surrounds property that I have permission to hunt on. He has called the law on me for 3 years in a row now, telling them I am trespassing. Until yesterday I have never been charged because I am not trespassing. He did not have his property marked at first, so I used a GIS map of "my" property to go by and stay on my property.

    At no time have I trespassed on his property. Yesterday I took a 100 foot tape measure and maps that show my property lines and measurements. I went there, measured everything off to ensure that where I wanted to be was on my property. It was, so I started climbing the tree to install the stand. Along comes a deputy and tells me that Dick called and said I am trespassing. I inform him that I am not, this is the 3rd time in as many years that Dick has called the law on me. Charges are never filed because I am on my property.

    The deputy issues me a summons and a court date. I am sure I will beat this, but I am tired of the harassment from Dick. I was employed by the same Sheriff's Office as this deputy, but I was "let go" due to Dick calling the Sheriff and telling him that I was trespassing on his land 2 years ago.

    Does it seem that I have any type of case to sue here?

    Thank you for any help.

  2. #2
    Join Date
    Apr 2009
    Location
    Somewhere near Canada
    Posts
    35,894

    Default Re: Can I Sue for Defamation or Harassment

    Certainly not for defamation, no.

    I also do not see a case for harassment.

  3. #3
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Can I Sue for Defamation or Harassment

    Why, given the history you describe, did you believe it would be appropriate to find the tree that's the closest to Dick's property for your stand? Why not set up smack in the middle of the parcel you know you're allowed to be on? Unless the issue is that the game is on Dick's land, which raises other issues when it comes to the actual hunting, it seems like you're looking for trouble.

  4. #4
    Join Date
    Aug 2011
    Location
    Virginia
    Posts
    4

    Default Re: Can I Sue for Defamation or Harassment

    This is a river bottom property and due to floods, mature trees are scarce. I have about 1.5 acres of wooded area, with about a dozen trees suitable for a stand. The tree in question is about 100' from his line. I am not looking for trouble either, as I have gone through great pains to gather property line information at the courthouse and have done physical measurements from his survey markers.

  5. #5
    Join Date
    Jan 2010
    Location
    New Jersey
    Posts
    3,666

    Default Re: Can I Sue for Defamation or Harassment

    You lost a government job over this same situation years ago and your still causing trouble? geeeez

  6. #6
    Join Date
    Aug 2011
    Location
    Virginia
    Posts
    4

    Default Re: Can I Sue for Defamation or Harassment

    It's "you're" not "your" and how am I causing trouble when I'm obeying the law?

  7. #7
    Join Date
    Jan 2008
    Location
    Toledo, OH
    Posts
    16,307

    Default Re: Can I Sue for Defamation or Harassment

    At no time have I trespassed on his property. Yesterday I took a 100 foot tape measure and maps that show my property lines and measurements. I went there, measured everything off to ensure that where I wanted to be was on my property. It was, so I started climbing the tree to install the stand. Along comes a deputy and tells me that Dick called and said I am trespassing. I inform him that I am not, this is the 3rd time in as many years that Dick has called the law on me. Charges are never filed because I am on my property.
    So...why haven't you had an actual survey done? With all the fuss and bother this situation is creating, it would be well worth your while to get a professional survey done, mail a copy to your neighbor, and keep a copy at home so the next time he has a hissy and sics the Sheriff on you, you can EASILY show that he's full of it.

    Elsewise, yes, I would concur with Mr. K that it seems like you're looking to raise a ruckus. Stop poking the bear with a stick and get this properly and professionally sorted.

  8. #8

    Default Re: Wrongful Trespassing Accusations as Defamation or Harassment

    Quote Quoting silcott0351
    View Post
    "Dick" owns property that surrounds property that I have permission to hunt on.
    Just to be clear.....When you say "surrounds"...are you talking about Dick owning the property 360 degrees around the property in question, such that the property in question is completely engulfed on all sides by Dick's property? Or are you meaning that Dick's property only abutts against the property in question? In one case, you face issues of armed trespass if walking across Dick's property with a firearm. In the other case, official property records should provide you with a reasonable defense - and in THAT case, I'd be sure to keep a copy handy for any future encounters. Also couldn't hurt to give a copy to the law enforcement units who respond to that area - including faxing a copy to dispatch for "reference".


    Until yesterday I have never been charged
    Any idea about what was different yesterday from any of the prior times?

  9. #9
    Join Date
    Aug 2011
    Location
    Virginia
    Posts
    4

    Default Re: Wrongful Trespassing Accusations as Defamation or Harassment

    I am not the owner of the property, I have permission from the owner to hunt there, and I am trying to keep his life as quiet as possible so that I can continue to hunt there. Dick had his property surveyed and marked, but he left a void in his paper fence right in the middle where my property protruded out into his. He seems to be setting it up as a trap in my opinion. Two years ago when he had the survey done, my stands were on a tree that they marked as a boundary/corner. Dick came along and painted 3 lines on the tree, as a posted mark, while my stands were hanging on it, at eye level. My name and phone number was engraved on both, in plain sight. He could have easily called to tell me that my stands were on his property. Instead he waited until I was in one to call.

    The only difference about this time from the others is that this was a new deputy that was not familiar with the laws/codes. I had maps and measurements for proof to my location, he took Dick's word to be true. In Va you can not be charged with trespassing if it is accidental and there was no intent. Once the deputy left, he phoned the deputy that trained him, which is a very good friend of mine, and stated that, "He thought he made a mistake by writing me." My friend informed him that he had indead. It will all go well in court, I just want Dick to realize that I am not trying to be an a$$hole and an unethical hunter. I have tried my best to do everything right, from introducing myself to him the first day I hunted there, to spending hours at the courthouse and on the internet researching the lines of the property.

    Each time that a law enforcement official has been called, I have provided them with a copy of the property maps that I carry with me at all times. It was not necessary for the first incident because I had proof that I was at home when the call came in. Someone was in his field and he immediately assumed it was me.

    My land starts at the river bank, with about 300' of river frontage, so no, I am not completely surrounded by his property. I never have to go onto his property for any purpose.

    For those of you that have taken the time to respond with intelligent replies, thank you!

    1. Sponsored Links
       

Similar Threads

  1. Trespassing: Trespassing and False Accusations
    By msaephanh in forum Criminal Charges
    Replies: 2
    Last Post: 03-08-2010, 03:37 PM
  2. Do I Have a Case for Harassment, Defamation or Wrongful Termination
    By Mythhealer in forum Employment and Labor
    Replies: 3
    Last Post: 11-09-2009, 06:06 AM
  3. Getting Fired: Accusations of Fraud and Wrongful Termination
    By Legal_Assit in forum Employment and Labor
    Replies: 20
    Last Post: 12-23-2007, 11:49 AM
  4. Defamation: Possible Defamation Through a Neighbor's Accusations
    By JoshFromSanDiego in forum Defamation, Slander And Libel
    Replies: 8
    Last Post: 11-07-2007, 08:14 PM
  5. Defamation: Wrongful Accusations in Florida
    By BlondiePB in forum Defamation, Slander And Libel
    Replies: 4
    Last Post: 03-27-2007, 08:56 AM
 
 
Sponsored Links

Legal Help, Information and Resources