# Tower Blind Property ?



## treytd32 (Jun 12, 2009)

I need advice on how to avoid a property dispute between myself and a neighbor. For those who don't care to read the story I'll just tell you, he has built a permanent tower blind on my property and I need advice on how to approach it.

Ok so I have been going out to my property on and off for the past 7 years. There used to be an unowned strip of woods between my neighbor and my land. He purchased it idk when but about 5 years ago when I went out there I noticed he had built a permanent tower style blind 10 yards within my property and had cleared an ally of trees another 70 yards about 30 yards wide. It did not bother me at the time because I only used it recreationally and had not ever spoken to him. Last year I started hunting my land for deer and ran into him once on the edge of my land when he informed me "I dont allow hunting on my land." I politely apologized for approaching him and informed him that I was on my land and that I had been hunting it the last few months. So how do I go about telling him that he has built a permanent structure on my land without permission and tearing down the fence line? (causing as little conflict as possible)

It is clearly within my land on the property map and aeriel photos obtained from the Butler County Auditor.


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## crappiedude (Mar 12, 2006)

Personally, I'd just go talk to the guy. If he had a problem with it I guess I'd have to call the law for tresspassing. Ask him how he would feel if you started putting up stands on his land.

If that doesn't work, you could go over to the thread about putting treestands on public land and get a couple of guys over there to beat him up. LOL


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## alumcreeker (Nov 14, 2008)

No matter what you do the moment you tell him its on your place and needs to be removed he isn't going to be a friendly neighbor anymore. But screw him seriously I own land as well and my neighbors kinda get along but I don't take crap from them on any level you really need to put up a stand right on the clearing he made and sit there all the time he won't want to hunt there after a while if it was me id take the tower down myself and I just wouldn't put up with that. Remember your worked hard and spent your money on that land not him that's your little heaven and he needs to respect that.....just saying

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## icefisherman4life (Aug 5, 2007)

I would have the ODNR or the sherrif there with ya when you talk to him that way it cuts down on the conflict. But make sure you have all your documentation maps etc. on hand.


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## AlanC (Jun 16, 2010)

I hate to say get a lawyer, but you should. If you allow encroachment on your land after a number of years you basically cede ownership.


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## M.Magis (Apr 5, 2004)

I don't see any need for getting a lawyer or law enforcement involved, yet. That immediately sets the tone between you and your neighbor forever. Go talk to the guy, take the property maps with you. Explain that you think his stand is on your land and why you think that. Give him a chance to agree or disagree. What's the worst he can say, no? THEN you get a lawyer. 
It's easy to just say call a lawyer or the sherriff from behind a computer screen, but that's a childish way to go about it. Adults can usually work these things out, give the neighbor a chance. Of course, it also depends on what sort of neighbor you want and wnat to be. Some people seem to go out of their way to be poor neighbors.


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## FISH DINNER (Jul 23, 2010)

M.Magis said:


> I don't see any need for getting a lawyer or law enforcement involved, yet. That immediately sets the tone between you and your neighbor forever. Go talk to the guy, take the property maps with you. Explain that you think his stand is on your land and why you think that. Give him a chance to agree or disagree. What's the worst he can say, no? THEN you get a lawyer.
> It's easy to just say call a lawyer or the sherriff from behind a computer screen, but that's a childish way to go about it. Adults can usually work these things out, give the neighbor a chance. Of course, it also depends on what sort of neighbor you want and wnat to be. Some people seem to go out of their way to be poor neighbors.


+1. It could be a legitimate god's honest mistake that he put that stand on your property, especially if there is no remnants of old fencing, etc. Or he could have deliberately done the wrong thing. Either way, you won't know for certain until you talk to him man to man (armed with your property maps, aerial photos, etc of course) whether he is a straight up dude or not. If he is, he will realize his mistake and hopefully the two of you could work something out. If the conversation goes the other way and he seems to be blowing major smoke, then get the authorities involved. I would not risk putting a neighbor in legal trouble over a potential honest mistake. But hey, look on the bright side, someone built a tree condo on YOUR property! I wish someone would build something like that on my place. Maybe he will let you keep it and not tear it down when he leaves.


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## ironman172 (Apr 12, 2009)

you'll need some good proof...Arial maps are ok(general) but can be wrong....you may need to get a surveyor in there to mark off your exact property lines....I had a neighbors brother say he was on his sisters property....but he wasn't....when I bought my place there was surveyors tape on the trees marking the property lines and I went and painted florescent orange paint bands on the trees where the tape was, and refresh it every so often(every couple years)....tape can be removed marking the boundaries but the paint would be very hard....that was my solution for my place....I would be upset in your situation unless you are mistaken on your lines.... start charging him rent for him being on your place.... once found he is....but real proof will be needed..... from a surveyor..... the trees I would sue him for the value....although most tree companies make sure they are cutting the right ones, because they get penalized severely if they cut off the boundaries....I think triple the value of the trees..... cut illegally
I wish you luck


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## firstflight111 (May 22, 2008)

1....make sure thats your land 
2....make sure thats your land 
3 ....if it is your land go ask him to remove the blind give him a few day to do so ..if he does not remove it ...claim it for yourself put new locks on it or remove it ...if it was my land i would give him a week to move it then i would move it out ...a friend of mine has land in PA and every year we go mark the trees all around the property line and remove treestands ...


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## Snakecharmer (Apr 9, 2008)

Just me but when I bought my first house as part of the title search and surveying, I found out the neighbor to my left had built a stoarage shed that was 1/2 way on my property. Once I moved in I I went to see him or maybe he came over to meet me but I asked him if he knew his shed was over the line. He said yes but he had talked to the prsvious owner and due to a creek running into a pond and some other stuff it was just a better fit to slide it back 5' feet. Now we are only talking 1 1/2 acre lots. 

We walked back to the shed and looked around. Yea I could be a jerk and make him move it but I really wasn't going to use the 10 sq.feet and plus from my house I could even see that the shed was over the line. So I said for now go ahead and keep the shed where it is. 

He turned out to be a great neighbor, If I ever needed a tool or help with cutting down a tree he was there for me. They watched my property when I was on vacation. Never complained if my dog walked on their grass. Their daughters babysat my kids. etc etc,

So.... I would confirm to him that the stand if in your property but maybe you can turn him into a hunting partner. He can sorta watch your property to keep tresspassers out and you can use his stand when he's not using it? I imagine they are plenty of deer for the both of you....
.


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## WeekendWarrior (Jan 20, 2008)

Simple. Get the property surveyed. Yes, it sucks its gonna cost some money. Once it's pinned and is proven that the blind is on your property you have some options.

#1 - Put a new lock on it and call it yours.

#2 - Get a chainsaw and some buddies and move it to his property.

#3 - Have a bonfire and invite your OGF brethren over for a PARTY!!!!


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## monster7 (Nov 17, 2010)

WeekendWarrior said:


> #3 - Have a bonfire and invite your OGF brethren over for a PARTY!!!!


I'll bring the hot dogs haha


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## 9Left (Jun 23, 2012)

your best FIRST move to not be an A--hole about it, yes its your property, but just try and calmly work it out and talk with the guy...if that doesnt work, well like the other posts, bring the law into it


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## sherman51 (Apr 12, 2011)

i guess alot depends on what type of neighbor you want to be. the 1st thing i would do is spend the money and get it surveyed to just have proof it was my land. then i would confront him at the property line. and i would remind him what he said about not letting you hunt on his land. then i would inform him i had the land surveyed and show him the land markers and inform him he was hunting on my land.

now comes the part where you decide what you want to do. you could tell him you want the stand moved right away. and inform him what you expect to be paid for the damage he has done. or if his stand doesnt bother your hunting you could surprise him and say you are a better neighbor than he is. and give him permission to use the stand. but once you can prove its your land what you do is totaly up to you. i can only tell you what i would do. i would remind him what a jerk he was about you hunting on his property and tell him you feel the same way about your land. you dont want him on your land. and then ask for damages. then if i wanted to use the stand myself i would tell him to get off my land and stay off. if i didnt want the stand i would tell him to move the stand back on his own property. and ask for whatever you think the damage is worth. he can pay or you will take him to court and he will still have to pay plus court costs and lawyer fees.

if you just want him gone i would get proof the land was mine then i would get the law to take care of getting him off my land.

he didnt seem like he cared about your feelings when he told you he didnt allow hunting on his property, so i wouldnt worry to much about his feelings.
sherman


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## M.Magis (Apr 5, 2004)

Don't jump to conclusions. Just because someone doesn't allow anyone to hunt their land, does that make them a bad neighbor? No.


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## WeekendWarrior (Jan 20, 2008)

WeekendWarrior said:


> Simple. Get the property surveyed. Yes, it sucks its gonna cost some money. Once it's pinned and is proven that the blind is on your property you have some options.
> 
> #1 - Put a new lock on it and call it yours.
> 
> ...


Tonight is grocery night. Please let me know if I need to pick up any hotdogs or hamburgs. I am more then willing to grab a case of beer too.


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## crappiedude (Mar 12, 2006)

M.Magis said:


> Don't jump to conclusions. Just because someone doesn't allow anyone to hunt their land, does that make them a bad neighbor? No.


Well said.
On one of the best pieces of property that I hunt, the owner will absolutely not allow hunting to anyone.....except me, my hunting partner and our guests.


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## Snakecharmer (Apr 9, 2008)

treytd32 said:


> IOk so I have been going out to my property on and off for the past 7 years. There used to be an unowned strip of woods between my neighbor and my land.* He purchased it idk when but about 5 years ago when I went out there I noticed he had built a permanent tower *style blind 10 yards within my property and had cleared an ally of trees another 70 yards about 30 yards wide. It did not bother me at the time because I only used it recreationally and had not ever spoken to him. Last year I started hunting my land for deer and ran into him once on the edge of my land when he informed me "I dont allow hunting on my land." I politely apologized for approaching him and informed him that I was on my land and that I had been hunting it the last few months. So how do I go about telling him that he has built a permanent structure on my land without permission and tearing down the fence line? (causing as little conflict as possible)
> 
> It is clearly within my land on the property map and aeriel photos obtained from the Butler County Auditor.


One thing you may have a problem with is "Adverse Possesion".....If you allowed him to use your land for 5 years without saying anything you may have a problem. I remember coming across this in Ohio Real Estate Law when I had thoughts of becoming a realtor in the 80's but I'm not sure how many years it takes. I'm thinking 7 but ???. It's a crazy quirk in Ohio law similar to dower's rights and ripparian rights.

_*The doctrine of "adverse possession" is one of the most interesting in the field of real property law. The character of the law reflects the pioneer spirit of a growing world in both North America and Europe over the last few centuries.

If a person moves into possession of property, improves it and possesses it in a public manner, then after a certain amount of time he will acquire title to the property even though it is actually owned by someone else. The idea for adverse possession has at its root that land should not lie idle. If it does, it is wasted to the community. Therefore, if someone moves onto the land and makes it productive, that person may earn the right to claim it as his or her own. It is also reflective of the imprecise nature of ancient land sales: a person who believes he owns land, establishes himself on it in public, and is not hindered after a period of time, should be entitled to own the land.

Requirements

The basic requirement for adverse possession is that the claiming party must take exclusive possession of the property. This type of possession is called "open and notorious" or proactive and absolutely not secretive possession. Some states require that the possession be "under color of title," or that the person must believe that he has the right to possess it and has some form of document or is relying on some fact that while not actually conveying title, appears to do so. In addition, many states require concurrent the payment of property taxes for a specified period of time, and a few states also require that improvements be made upon the land. Eventually, the possessor is required to file for title with the county recorder. The actual owner then has a limited amount of time in which to challenge the newcomer's title. Essentially, the owner's only argument is to claim some sort of disability; such as age, mental instability, or imprisonment. The owner is not required to do much in order to stop the possessor from acquiring title; merely sending the possessor a note granting permission to be there will usually suffice. Various rules exist regarding the continuousness of the possession and the ability to "tack" various periods of possession together in order to satisfy the time of possession requirement; see your state codes or the code of the state in which you are interested for more detailed information*_


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## sherman51 (Apr 12, 2011)

crappiedude said:


> Well said.
> On one of the best pieces of property that I hunt, the owner will absolutely not allow hunting to anyone.....except me, my hunting partner and our guests.


i have to agree with both of you. but this neighbor was sopposedly tresspassing when he told him he couldnt hunt. to me that does make alittle difference than someone just not allowing hunting on his property. i know some very good people that will only let people they know and trust to hunt there property.
sherman


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## VitalShot (Feb 10, 2012)

Gas and a match. 


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## treytd32 (Jun 12, 2009)

I'm going to talk to him first obviously but he did cut down the barb wire fence in order to build this thing (it is coiled up another 10 yards from this thing in the creek) and the old fence posts are still in place well beyond where the stand is. Between the fence posts, cut down fencing, photos, property map with lat/long coordinates of the land ownership (I walked this line with a gps to reassure myself I wasn't mistaken already) do you think I still need to pay a surveyer to come out? Seems like overkill to me but idk thats why I'm asking in the first place lol 

Moving it isn't really an option because he has it cemented several feet into the ground and it is about 20 feet tall of thick wood. And ideally I'm hoping to tell him he can still use the blind he built (for me if I'm correct because it is on my land) when I'm not using it more or less or we could coordinate between us. It just makes it kind of difficult to set up my stuff where I want it when this thing is towering over everything else.


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## Sharp Charge (Jun 24, 2009)

treytd32 said:


> I'm going to talk to him first obviously but he did cut down the barb wire fence in order to build this thing (it is coiled up another 10 yards from this thing in the creek) and the old fence posts are still in place well beyond where the stand is. Between the fence posts, cut down fencing, photos, property map with lat/long coordinates of the land ownership (I walked this line with a gps to reassure myself I wasn't mistaken already) *do you think I still need to pay a surveyer to come out? Seems like overkill to me but idk thats why I'm asking in the first place lol *
> 
> Moving it isn't really an option because he has it cemented several feet into the ground and it is about 20 feet tall of thick wood. And ideally I'm hoping to tell him he can still use the blind he built (for me if I'm correct because it is on my land) when I'm not using it more or less or we could coordinate between us. It just makes it kind of difficult to set up my stuff where I want it when this thing is towering over everything else.


Yeah, I absolutely would get an updated survey just to make sure there wasn't something mixed up in the past. Then go at it how ever you want but you'll surely have all your ducks in a row then. 

Then you can choose which way you want to be all depending on his demeanor.


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## crappiedude (Mar 12, 2006)

treytd32 said:


> *Moving it isn't really an option because he has it cemented several feet into the ground *and it is about 20 feet tall of thick wood. And ideally I'm hoping to tell him he can still use the blind he built (for me if I'm correct because it is on my land) when I'm not using it more or less or we could coordinate between us. It just makes it kind of difficult to set up my stuff where I want it when this thing is towering over everything else.


That's really not your problem. 
The 1st thing I would do is just talk to him. How he reacted to us talking would dictate my next actions. Personally, I would ask him to remove it from your property.
If he acted negativley to our discussion, I would call in the law and then you would have to get the survey.


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## crappiedude (Mar 12, 2006)

sherman51 said:


> i have to agree with both of you. but this neighbor was sopposedly tresspassing when he told him he couldnt hunt. to me that does make alittle difference than someone just not allowing hunting on his property. i know some very good people that will only let people they know and trust to hunt there property.
> sherman


This is kind of backwards for us. We aren't the locals. 
We run into one of the owners kids every once in awhile. He told us his dad continues to let us hunt because we oversee his property when he isn't there. 
We tell everyone we run into the " the owner doesn't allow hunting" He has around 800 acres and we can hunt it all but for the most part we told him we are only interested in hunting one section of about 80 acres that joins another farm that we hunt. A county road seperates it from the rest of his property. In the last 10 years he has allowed access to a couple of more guys to hunt some of those other parcels.
It's kind of funny because a few of the locals who live in homes butting up against his property tell us how lucky we are because "he doesn't allow hunting"
The owner has kind of a love/hate relationship with deer. He likes to see them until he hits one with his car, the he hates them again.


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## ironman172 (Apr 12, 2009)

treytd32 said:


> I'm going to talk to him first obviously but he did cut down the barb wire fence in order to build this thing (it is coiled up another 10 yards from this thing in the creek) and the old fence posts are still in place well beyond where the stand is. Between the fence posts, cut down fencing, photos, property map with lat/long coordinates of the land ownership (I walked this line with a gps to reassure myself I wasn't mistaken already) do you think I still need to pay a surveyer to come out? Seems like overkill to me but idk thats why I'm asking in the first place lol
> 
> Moving it isn't really an option because he has it cemented several feet into the ground and it is about 20 feet tall of thick wood. And ideally I'm hoping to tell him he can still use the blind he built (for me if I'm correct because it is on my land) when I'm not using it more or less or we could coordinate between us. It just makes it kind of difficult to set up my stuff where I want it when this thing is towering over everything else.


If you are so sure of property lines....I would ask him why he did what he did on your land, then ask him to prove it to be his land the same way....between the 2 of you you might figure it out....
I had my neighbor have part of a building on the corner of my land, was there when I bought the place....no real big deal for me then, and he moved it across the road now anyway( on his own desire) but he did some marking and fence installing and notice it was and maybe part of his trailer is at the property line now.....the way he was figuring it from the deed....there is something about 100 feet in a direction...and he had that direction towards my place...... instead of the corner of his,mine and the other neighbor's land
90 degrees in the other direction....he noticed it himself so no need to me to say anything but agree....he is a GREAT neighbor and always will be ....as said no real big deal for me till I might sell it.....but the building is gone.....just some scrap metal there now


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## treytd32 (Jun 12, 2009)

alright surveyor will be lined up in case things go south. hopefully he is cool about it. thanks for the input fellas


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## leupy (Feb 12, 2007)

I don't understand why you are making this a major problem before it really is, my wife does it all the time. Just go talk to him and don't spend any money until you know it is a problem, it may work out fine and you will have another friend if not get it surveyed and the problem is solved, case closed.


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## leupy (Feb 12, 2007)

20 years with no improvements at all this would include just having someone not even the currant owner pull one weed or trim one plant.


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## treytd32 (Jun 12, 2009)

leupy said:


> I don't understand why you are making this a major problem before it really is, my wife does it all the time. Just go talk to him and don't spend any money until you know it is a problem, it may work out fine and you will have another friend if not get it surveyed and the problem is solved, case closed.


uh oh the wife comparisons come out haha 

I'm not making it bigger than it is, like I said I'm going to just go talk to him about it. But if he wants to be a dhead about it then I will have my ducks in a row.


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## sherman51 (Apr 12, 2011)

you sound like you would make a great neighbor. and i think you have the right idea, just talk to him first and see if he is going to be a jerk about the whole thing. he may have got the wrong information about the hunting on your property from the last owner of the land that he bought it from. but talking can fix many a problem. if he agrees its your property and is willing to share it with you then i might be alittle more favorable about sharing it with him.

but remember the domain law that was mentioned before. get something in wrighting that he just has limited hunting access. if he dissagrees with you about who owns the land maby he would be willing to share the cost to have it surveyed. or he may have it done himself saving you some money. if he turns out to be a jerk about the whole thing then it would make me think real hard about how to handel this. his additude would play a big role in how to treat him.

please let us know how your talk goes. you are starting off with the right additude. and not talking to him half cocked. pun intended,LOL.
sherman


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## buckeyebowman (Feb 24, 2012)

AlanC said:


> I hate to say get a lawyer, but you should. If you allow encroachment on your land after a number of years you basically cede ownership.


Yup! It's called "Right of Prior Use".

As others have mentioned, make absolutely sure that you're in the right. If you are in the right, then go talk to the guy in a calm manner and at least give him a chance to be a decent human being. If he declines to be a decent human being, then it's on! I'd give him a "reasonable" period of time to remove the tower. This is where a lawyer would come in handy as there may be legal definitions of "reasonable". If he still refuses to remove the tower, or, worse yet, trespasses on your property in order to use it, then he becomes subject to legal action. 

As to the post I quoted, I hope you didn't hose yourself by not saying anything right off the rip!


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## buckeyebowman (Feb 24, 2012)

treytd32 said:


> I'm going to talk to him first obviously but he did cut down the barb wire fence in order to build this thing (it is coiled up another 10 yards from this thing in the creek) and the old fence posts are still in place well beyond where the stand is. Between the fence posts, cut down fencing, photos, property map with lat/long coordinates of the land ownership (I walked this line with a gps to reassure myself I wasn't mistaken already) do you think I still need to pay a surveyer to come out? Seems like overkill to me but idk thats why I'm asking in the first place lol
> 
> Moving it isn't really an option because he has it cemented several feet into the ground and it is about 20 feet tall of thick wood. And ideally I'm hoping to tell him he can still use the blind he built (for me if I'm correct because it is on my land) when I'm not using it more or less or we could coordinate between us. It just makes it kind of difficult to set up my stuff where I want it when this thing is towering over everything else.


Wait a minute! I didn't read this far before my initial reply. This guy cut down fencing? If he didn't know he was trespassing on your property when doing that then he's a mental defective! Plus, he didn't hesitate a bit when informing you that "he doesn't allow hunting on his property". Well, at least not by you! But then he feels no constraint in traipsing all over your land to the point of erecting structures there! What is this guy, Amish? Frankly, I'll be astounded if this jerk acts anywhere near reasonable! 

Get the survey. If the stand is on your land, give the guy a chance to be reasonable, a chance that I doubt he'll take. If he gives you a hard time, or tries to intimidate you, you better slam him hard and fast! Legally, of course! If you let this guy walk all over you, you are in for never ending misery there! I *would not* allow this guy to use the stand. Even if I felt like using it, I'd demand he take it down and move it. The difficulty and expense of that project is not your problem, it's his! He put the thing up. Plus, I'd demand that he re-string the fence he cut down, and further, that he stay the hell off your property! 

There are a couple of old sayings that pertain here. "Good fences make good neighbors.", and "Nice guys finish last!" Actually, I'm liking the bonfire idea more and more!


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## treytd32 (Jun 12, 2009)

haha yeah it was obviously no mistake when you take down a fence, unless he believes he bought 4 times the land he actually did but I'll give him a fair chance before I go buying all those hotdogs and smores lol


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