Neighbor Property

This is a discussion on Neighbor Property within the Concealed Carry Issues & Discussions forums, part of the Defensive Carry Discussions category; So I have this neighbor that I don't really get along with, no outright hostility, but some disagreements. Last week I went over to his ...

Page 1 of 3 123 LastLast
Results 1 to 15 of 36

Thread: Neighbor Property

  1. #1
    Member Array mtrogers's Avatar
    Join Date
    Jun 2010
    Location
    PA
    Posts
    25

    Neighbor Property

    So I have this neighbor that I don't really get along with, no outright hostility, but some disagreements. Last week I went over to his house knocked on the door, we had a somewhat heated discussion over some property issues and I left, end of story. The whole time I had my gun on me, along with my permit, as usual...and he never had any idea I had it. I was wondering that if in this situation if I were made (not pulling the gun or gesturing to it...just being made). Could I get into any kind of trouble if the neighbor called the police because I was on his property with the gun?

    thanks!

  2. Remove Ads

  3. #2
    Ex Member Array MadMac's Avatar
    Join Date
    Feb 2009
    Location
    USA
    Posts
    2,095
    IANAL, and didn't sleep at a Holiday Inn last night, but I would think that's a dangerous combination. If you were outed, I am sure the DA could come up with a menacing or brandishing charge if your neighbor made a stink.

    There are courts and laws, and ultimately, your right to move away. Personally, I wouldn't confront the neighbor. What did you accomplish, anyway, besides getting your blood pressure up?

    Many people ridicule homeowner's associations as petty tyrants enforcing ridiculous rules and bylaws, but I bought into a community with a strong HA. I let them fight with the non-compliant neighbors, and keep good relations with those around me.

  4. #3
    VIP Member Array tkruf's Avatar
    Join Date
    Feb 2010
    Location
    Really SW, Virginia
    Posts
    4,652
    IANAL but my first guess is yes. If you by chance in any way commit a wrong doing while on his property and in posession of a firearm, that could be bad. You went to his door and knocked and had a heated discussion. If you are having issues with your neighbor concerning property, my suggestion would be to either let law enforcement handle it, or get a lawyer.
    NRA Member
    Glock 26 XD9sc
    Ruger SR9c Ruger LCP

  5. #4
    VIP Member
    Array WHEC724's Avatar
    Join Date
    Aug 2009
    Location
    SC
    Posts
    6,447
    I once had to deal with a nut-job of a neighbor that put a fence up across my yard. This was the type of guy that would resort to violence at the drop of a hat. I started with a certified letter that included record plats and a polite request for correction. Everything after that was handled by my attorney. The neighbor did approach me once in a purple-faced rage, but it was on my property, and I was happily carrying concealed and prepared, should the screwball get out of control. In the two years that I lived there, I never once set foot on his property.

    Always pick your battles on your terms.
    __________________________________
    'Clinging to my guns and religion

  6. #5
    VIP Member Array tkruf's Avatar
    Join Date
    Feb 2010
    Location
    Really SW, Virginia
    Posts
    4,652
    Let me add, I know a man that just got out of prison after doing 12 years for 2nd degree manslaughter. A man he knew groped his wifes behind at a local grocery store. He went to the mans house (carrying his concealed weapon a .22LR Taurus PT-22 I believe) and confronted the guy about what he did. They guy came at him with (I believe a shovel, can't remember) and he shot him twice in the abdomen. The guy later died at the hospital. They tried to say the guy was hyped on drugs, etc., but any blood work, etc. was not pulled or lost or whatever, anyhow, long story short, because the guy I know was the one that went "to" the other mans property, that made him the aggressor and therefore he was convicted.

    12 years in prison. His two kids grew up without him. He just got out recently and both his kids already graduated. Now he's trying to fit back in to a family that's done without him for this long.

    Like Whec says, "Always pick your battles on your terms."
    NRA Member
    Glock 26 XD9sc
    Ruger SR9c Ruger LCP

  7. #6
    Member Array Pioneer's Avatar
    Join Date
    May 2009
    Location
    NW Oregon
    Posts
    320
    Every year, many people are killed during property disputes with neighbors. Is his land posted, "no guns allowed?" If not, I would imagine you are OK in what your did, but don't take my word for it, check your local laws. Even if you are legal in being armed, you may want to consider if there may have been some other way to handle it. Even though you may have been "legal" being on someone else's property if events degraded to the point where you felt you had to pull a firearm, that puts you in a very vulnerable position. You may have a lot of explaining to do when the cops show up.

    Another thing to consider, if your neighbor knows you are armed, even though you don't display your gun, he can always "claim" that you did. Usually the first one to call 9-1-1 is from that point on considered the "victim," which would make you the "suspect." When the cops arrive, that is the premise they are working on, considering you the bad guy. You may eventually be able to convince a jury that you were justified, but that would be after several thousand dollars in legal fees.

    Was there some compelling reason you felt you had to confront him, or were you venting to make a point? It is usually a good idea to avoid confrontations, especially with a firearm injected into the issue. If your neighbor is in violation of some code or ordinance, it may be better to simply report it to the city / county code enforcement folks and let them deal with it.
    Sui juris
    U.S. Navy Veteran '65-'69
    Retired Police Detective '71 - '01
    LEOSA Certified
    NRA Life Member / SAF Member
    U.S. Constitution (c) 1791, All Rights Reserved.

  8. #7
    VIP Member
    Array sigmanluke's Avatar
    Join Date
    Feb 2009
    Location
    Utah
    Posts
    3,209
    Quote Originally Posted by tkruf View Post
    IANAL but my first guess is yes. If you by chance in any way commit a wrong doing while on his property and in posession of a firearm, that could be bad. You went to his door and knocked and had a heated discussion. If you are having issues with your neighbor concerning property, my suggestion would be to either let law enforcement handle it, or get a lawyer.
    Don't get a LEO involved, it's a civil issue. Way too many call the po-po for stuff like this, don't be one of them.
    "The tree of liberty must be refreshed from time to time with the blood of patriots and tyrants."
    Thomas Jefferson

  9. #8
    VIP Member Array tkruf's Avatar
    Join Date
    Feb 2010
    Location
    Really SW, Virginia
    Posts
    4,652
    Quote Originally Posted by sigmanluke View Post
    Don't get a LEO involved, it's a civil issue. Way too many call the po-po for stuff like this, don't be one of them.
    Civil matters have a tendency to turn into domestic disputes, then the po-po gets called anyway. The OP in this case didn't specify what type of property dispute it was. If it's about property lines, etc. then best handled as Whec said and let the attorney's handle it.
    NRA Member
    Glock 26 XD9sc
    Ruger SR9c Ruger LCP

  10. #9
    Ex Member Array MadMac's Avatar
    Join Date
    Feb 2009
    Location
    USA
    Posts
    2,095
    Quote Originally Posted by sigmanluke View Post
    Don't get a LEO involved, it's a civil issue. Way too many call the po-po for stuff like this, don't be one of them.
    I think the issue here is to deal with the neighbor through the police if they are breaking the law, or deal with them through a homeowner's association, the city, or a lawyer if they are violating your property rights. It's all about invoking a proxy to fight on your behalf and avoid direct confrontation.

    It is exactly the job of the local police to intercede for those who are having their rights violated. They can take notes, file reports, and inform the courts in case the issue needs to be resolved by law.

    If you are the one schlepping the issues up to your neighbor's door, you are the one courting a potential confrontation. You will be perceived as the instigator if something bad goes down.

  11. #10
    VIP Member
    Array TX-JB's Avatar
    Join Date
    Sep 2007
    Location
    Sugar Land, TX
    Posts
    5,738
    Quote Originally Posted by MadMac View Post
    It is exactly the job of the local police to intercede for those who are having their rights violated. They can take notes, file reports, and inform the courts in case the issue needs to be resolved by law.
    It doesn't work that way. Your property rights are a civil matter. The police aren't getting involved unless it's a criminal matter. You can file your own complaint with the Justice of the Peace, and do your legal and documentation work. The police aren't gonna do it for you.

    You can't always have a proxy take care of your business, otherwise you might as well have a proxy live your life for you....
    "Texas can make it without the United States, but the United States can't make it without Texas!".... Sam Houston

    Retired LEO
    Firearms Instructor
    NRA Life Member

  12. #11
    Administrator
    Array SIXTO's Avatar
    Join Date
    Oct 2006
    Location
    Ohio
    Posts
    19,659
    Quote Originally Posted by sigmanluke View Post
    Don't get a LEO involved, it's a civil issue. Way too many call the po-po for stuff like this, don't be one of them.
    Amen.

    Quote Originally Posted by MadMac View Post
    It is exactly the job of the local police to intercede for those who are having their rights violated. They can take notes, file reports, and inform the courts in case the issue needs to be resolved by law.
    No, the police deal with criminals. They arrest them and gather evidence for criminal trial. What you are talking about is the job of you or a legal secretary. Police do not take notes for you, nor do they "file reports" or do much of anything in a civil court.

    Back on topic, stay away from your neighbors yard. Dog poop, tree branches, fences or whatever the dispute is about is petty compared to jail time should things go beyond heated.
    "Just blame Sixto"

  13. #12
    VIP Member Array mcp1810's Avatar
    Join Date
    Jan 2007
    Location
    Texas
    Posts
    4,948
    Calling the police would be way premature at this point unless there is some kind of actual criminal activity (violence, theft, destruction of property etc.) If it is something on the order of him not cutting his grass or maintaining his property there should be some kind of housing code enforcement through your local government. If it is a boundary dispute you should find yourself a real estate lawyer who can get the plats and have any necessary survey done in support of litigation.
    As far as your going over there armed, should be no problem unless it is posted. However, as soon as he makes one peep that could be understood to be expressing his desire for you to leave you need to get off his (and any disputed) property asap. If you don't he could file charges for trespassing. Some jurisdictions have enhanced penalties for trespassing while armed.

    Also, understand that if you do go over there armed and the situation escalates to the point you have to use force to defend yourself your lawyer is going to have their work cut out for them. Castle doctrine will be on his side, not yours. Know your local laws. Many self defense laws have a qualifier that you are somewhere you have a right to be. You don't have a right to be on his property.
    Infowars- Proving David Hannum right on a daily basis

  14. #13
    VIP Member Array varob's Avatar
    Join Date
    Jun 2009
    Location
    Virginia
    Posts
    4,447
    What's at dispute here? What are you two at war over?
    Don't believe what you hear and only half of what you see!
    -Tony Soprano

  15. #14
    VIP Member Array farronwolf's Avatar
    Join Date
    Aug 2006
    Location
    Texas
    Posts
    4,768
    Isn't PA an open carry state?
    Just remember that shot placement is much more important with what you carry than how big a bang you get with each trigger pull.
    www.ddchl.com
    Texas CHL Instructor
    Texas Hunter Education Instructor
    NRA Instructor

  16. #15
    Member Array vietnamvet66's Avatar
    Join Date
    May 2010
    Location
    Pennsylvania
    Posts
    325
    Farronwolf,
    Yes it is, but some area's will give the buisness and make life a bad thing for you. Also, in this case, I think it would be a very bad idea.
    US ARMY Veteran 1965-1967 Vietnam 1966-1967
    WELCOME HOME TO ALL WHO SERVED, AND FOR THOSE STILL SERVING,
    A BIG THANK YOU FOR YOUR SERVICE. FOR THOSE OF YOU DOWN RANGE
    WATCH YOUR 6, AND KEEP YOUR HEAD DOWN.
    A PATRIOT BELIEVES IN IT....A VETERAN LIVED IT

Page 1 of 3 123 LastLast

Links

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •  

Similar Threads

  1. On Your Own Property.
    By kspilot536 in forum Concealed Carry Issues & Discussions
    Replies: 37
    Last Post: October 29th, 2009, 08:59 PM
  2. Stupid : Felon Shoots at Neighbor in Property Dispute
    By JoJoGunn in forum In the News: The Good, the Bad and the Ugly
    Replies: 4
    Last Post: July 9th, 2009, 01:07 PM
  3. Would you allow CCW on your property?
    By GBS in forum Concealed Carry Issues & Discussions
    Replies: 94
    Last Post: December 10th, 2007, 08:07 PM
  4. Neighbor Might Need Help
    By gmitch40 in forum Carry & Defensive Scenarios
    Replies: 39
    Last Post: October 8th, 2007, 06:24 PM
  5. New neighbor
    By fitznig in forum Off Topic & Humor Discussion
    Replies: 10
    Last Post: June 18th, 2006, 05:09 PM

Search tags for this page

annoying neighbor files compliant brandishing gun
,
audiotaping of neighbor dispute in pa
,
neighbor brandished a weapon
,
neighbor claims tresspassing but we never set foot on his property
,
neighbor claims we were on property
,

neighbor property issues

,
ohio got in fight with neighbor on my property
,

police audio recording for neighbor disputes

,
police intercede neighbor
,
texas carry handgun neighbors property with permission
,

texas, can your neighbor point a gun at you ehile on your own property

,
video recording neighbor trespassing virginia
Click on a term to search for related topics.