Re: Help..Neighbor trying to get rid of my tractor

Posted by jdemaris on September 25, 2006 at 06:53:07 from (66.218.12.244):

In Reply to: Help..Neighbor trying to get rid of my tractor!!! posted by ShawnNC on September 25, 2006 at 04:37:19:

I don't have any experience with sub-division regs. if they aren't actually laws or statutes. But . . . I've had lots of experience with new neighbors trying to get the law - to go after me and others for tractors (I've got over a hundred), property (eminent domain and adverse use), . . . even my chickens. New part-time neighbor from the New York City called the County Sheriff about my chickens - crossing the road which I own. Dairy farmer down the road from me has been taken to court for making "tractor noise" and manure spreading that creates a "foul smell." Even the Amish around here are having problems - making unsightly wheel tracks on the paved roads, horse manure, and going too slow. It's all bound to happen when differing cultures live too close. Now, if you live in some sort of planned development - and there are recorded restrictions - they are enforceable by law - but also subject to legal interpretation.
It makes no sense to me - for you to have to spend money on a lawyer - unless you need to make a point. If you only wish to save your tractor - you'll quickly spend more than its worth regardless if you are right, or wrong.
I'm not an attorney although I have some legal training - and I've studied these sort of issues and read stacks of case-law.
Whatever the alleged infraction is (caused by your tractor) - is has to be in writing. It must be clearly defined. In this written document - there MUST be specific definitions for ANY words being used in the document. If the meaning of any word is not defined it is then open to what it usually means to the general public. This is a key issue. In your case - it would have to be proven - that there is a word or phrase being used, that includes your tractor. This may sound like mumbo-jumbo - and that's because it is.
One example. In the area that I live in - under Town law - we have zoning districts. There are different laws (land use regs.) for different zones. I am zoned Rural-Agricultural. In my zone, no "junkyards" are permitted. So, my new neighbor tried to make me get rid of my tractors - because - my tractors constitute a JUNKYARD. That, even though they are in a remote field not visible to anyone - unless in a helicopter. My new neighbor could only have seen them if he was trespassing - but that's a different issue. He got a lawyer - it went to the Town Board first (cheaper than court). I went - and asked the Town Attorney to show me the legal definition of JUNKYARD in the Town Law. It is defined as "a collection of more than two unregistered motor-vehicles." I then asked - where is "motor vehicle" defined in the document - and it is not. So, by law - it has to be taken for dictionary-common usage. By that - motor vehicle includes - yes - tractors if driven on the road - and also riding lawn mowers - just about anything with an engine, tires, and ever driven on the road. So, I then asked - how many farmers and people with riding lawn mowers - have their "motor vehicles" registered? Well, that opened a new can of worms - and the whole thing got dropped. Now, the Town Board is rewriting the law and inserting additional definitions.
Same sort of thing happened in another zone - Rural Residential. There are some old farms there - "grandfathered in", but the Town law says "agriculture" is illegal there. And, if any old existing farm - stops farming for one year - it is gone forever - never allowed to farm again. Well, a fight started between neighbors - over one guy that had a pet goat. The other neighbor claimed the guy with the goat was committing the illegal act of AGRICULTURE. So, it went to the Town Board. Here we go again. Agriculture is not defined within the Town's written law - so it must be used as found in the dictionary - and also as regarded by the State. I provided written evidence that - with the broad use of the word AGRICULTURE, someone mowing their lawn could be considered - mowing hay (illegal?). Pet dogs are licensed under the New York State Agriculture laws - so I guess pet dogs are also illegal. Then is was pointed out that trees are considered "agricultural" under many parts of the law. So, here we go again. It all got dropped, the guy kept his goat - and the Town is rewriting the law.
Sorry for the long post - but I'm trying to make a point based on something that is very complicated. The reality is - if your case got into court - it's very likely that the judge will ignore the law - which might work FOR you - or against you. This happens all the time and that's why there are so many levels of appeals.
If you hire a lawyer - you're spending money and it might get wasted. Many lawyers do not know much about the law - except for the specific sections of it they specialize in. So, unless you're lucky and find someone that has worked with similar issues - you may be paying an attorney that knows no more about the matter than you.

Replies:

• Re: Help..Neighbor trying to get rid of my tractor LouNY 04:19:31 09/26/06 (0)
• Re: Help..Neighbor trying to get rid of my tractor Allan In NE 07:03:49 09/25/06 (0)

Add a Reply Name: E-Mail: Subject: Comments: Optional Link URL: Link Title: Optional Image URL: Email Notification: If you check this box, email will be sent to you whenever someone replies to this message. Your email address must be entered above to receive notification. This notification will be cancelled automatically after 2 weeks.

TRACTOR PARTS	TRACTOR MANUALS

We sell tractor parts!  We have the parts you need to repair your tractor - the right parts. Our low prices and years of research make us your best choice when you need parts. Shop Online Today. [ About Us ]