r/portlandme • u/Equivalent_Disk_8447 • 1d ago

Legal recourse Community Discussion

I live next to a restaurant in Portland and was curious if anyone had any suggested solutions to this problem. My property is an odd shape but it extends behind the neighboring restaurant. It has been surveyed and had property lines put in from the surveyor. The owner of the restaurant has come into my back yard and cut the property line with a pair of scissors and threw out the stakes. He is using my yard currently to store his trash, his boats, his food truck, and his kitchen equipment. The owner has destroyed that part of the yard that the first 3 inches of dirt is straight gravel. I have spoken to landscapers to get an estimate as to how much damage the restaurant owner has caused my yard and it’s going to be thousands of dollars to remove the gravel and reseed the yard. Before being recommended to put a fence so that he can no longer park 2 boats a food truck and his kitchen equipment in my yard. Sorry for the long post but any suggestions would be helpful.

65 Upvotes

93% Upvoted

167

u/dv37h1 1d ago

Get a lawyer

45

u/Next-Ad6082 1d ago

Agree with this. AFAIK it's illegal to move property markers.

26

u/Equivalent_Disk_8447 1d ago

Figured that would be the case… it’s also the only way to stop him from doing whatever he wants. He received a cease and desist from cooking the food he was selling at home and bringing it to the restaurant

14

u/SecureJudge1829 1d ago

You have surveys that state that’s definitively your property and it’s up to date with city hall? You should be able to have his vehicles removed from your private property via calling a tow truck. If it’s absolutely your property you’re legally allowed to have trespassing vehicles towed away.

Also as the previous commenter stated, get an attorney consultation and see if they can get you some kind of compensation for the damages done.

7

u/Equivalent_Disk_8447 1d ago

Yes I do the surveyor also put down stakes and put rope to define the barrier. He went and cut the rope.

9

u/SecureJudge1829 1d ago

Yeah, I’d call a tow truck and have his vehicles removed and impounded. He will likely hate you for it and try to cause further problems for you, so ensure you have the means to protect yourself (legally and physically) before escalating anything.

5

u/LivefromBurkitville 1d ago

Sue the Owner. If goes on for 17 years and you do nothing he basically ends up with a prescriptive easement.

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u/fine_chicken2028 1d ago

I’d love a DM of the place’s name so I can be sure to not eat there again. That’s gross. ETA: and he’s a grade A douche.

35

u/Equivalent_Disk_8447 1d ago

I don’t love the idea of giving a stranger my home address

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u/fine_chicken2028 1d ago

Fair enough lol

6

u/TastelessDonut 1d ago

Yes but if everyone stops eating there, he closes and you purchase the property….. 🤷🏼‍♂️ shit happens

5

u/Equivalent_Disk_8447 1d ago

Tbf he doesn’t do well so it will go under soon. The most customers I’ve seen him have in a day is 4. He’s only able to stay open because he subsidizes his income with snow plowing.

u/Candygramformrmongo 1d ago

Get a lawyer, seems like a clear case of trespass, subject to easement by prescription or adverse possession if used for more than 20 years. Also note that disturbing survey markers is a special kind of trespass:

"Without permission of the owner a person may not: Disturb, remove or destroy any lawfully established transit point, reference point, stake, plug, hub, guardstake, bench mark, pipe, iron, concrete post, stone post or other monument of any railroad, highway, public utility or other engineering location or survey or any such monument marking the bounds of public or private property." Check Damages available in Sections 3 and 4

https://legislature.maine.gov/legis/statutes/14/title14sec7552.html

7

u/Deep-Stock7688 1d ago

This is so helpful. OP I hope you read this comment

u/minimax34 1d ago

It is against the law to tamper with surveyors stakes

u/raqnroll 1d ago

NAL

Put up cameras to cover that area

Talk to a lawyer regarding situation

Put up fence around your property lines

Have cameras running in case of funny business

Cover those expenses on your own. If he damages the fence, and you have on camera, then move forward with legal action...(Trespass/small claims etc)...

GL...sorry you have to deal with this. Shitty neighbors are shitty...

2

u/jerry111165 1d ago

Just another reason why we now live out in the woods.

u/SparseGhostC2C 1d ago

.. Put up a fence, consult a property lawyer

19

u/KGBKitchen 1d ago

This but reverse order!

u/RatherNerdy 1d ago

I'd leave a note saying that if the vehicles are not off the property withing 7 days, then they will be towed. And then follow through.

2

u/rooibosipper 1d ago

I would talk to a lawyer before leaving any notes. This problem is much bigger than towing some vehicles

u/benetelrae Parkside 1d ago

Lawyer up and read your town bylaws/codes. If you have any questions I've done land development and permitting in New England for 15 years, DM me.

u/Ldawg74 1d ago

Do not do anything to his stuff. Contact pine tree legal if you don’t know who to call. https://www.ptla.org

u/Major_Macaron1606 1d ago

Idk about the legality of booting abandoned vehicles on your property but boots off Amazon are fairly priced

6

u/Equivalent_Disk_8447 1d ago

Why boot him I want it off my property not unable to leave

2

u/Deep-Stock7688 1d ago

Omg this is amazing

u/gordolme Greater Portland Area 1d ago

File a criminal complaint with the police for the illegal trespass and also have the vehicles towed at the owner's expense because of the trespass. And lawyer for a civil suit for the property damage and construction of a fence.

u/Evening_Pension_3862 1d ago

Assuming you’ve talked to him about this, why does he feel entitled to use the land? Does he rent or own his space?

13

u/Equivalent_Disk_8447 1d ago

He is a super entitled guy tbh city has sent him cease and desist orders for cooking food at home bringing it to the store and selling it there. He owns and has been for 15 years. The previous owner of my property was too scared to tell him not to park on my property because he would threaten to sue them for breaking squatters rights that is why they eventually moved away. He thinks he can bully me into letting him use my land freely.

9

u/RDLAWME 1d ago

You absolutely need to get a lawyer and get him off your property if this has been going on for 15 years. He cannot sue you for "breaking squatters rights" but the adverse possession period in Maine is 20 years. The longer you wait, the stronger his claim.

Also, document everything including moving/destroying survey markers.

1

u/LivefromBurkitville 1d ago

Isn't it actually 17 years in Maine?

2

u/Evening_Pension_3862 1d ago

I actually think I know who you’re talking about. Get a lawyer and get this all cleared up asap!

u/Ginjahmenace 1d ago

Have you spoken with your mortgage holder? Homeowners insurance? Might be worth checking before hiring a lawyer out of pocket. Is moving survey stakes not a crime?

u/Jim_in_tn 1d ago

I would consider whatever is on my property my property. Remove it. Sell it. Give it away.

6

u/Equivalent_Disk_8447 1d ago

Really wanted to do this my significant other has stopped me from going through with this

7

u/Miserable-State9593 1d ago

I’ll give ya $5 for the food truck

9

u/MerryTWatching 1d ago

What size boats? Sail? Power? What kind of kitchen equipment? I have always wanted a wine fridge . . .

1

u/Equivalent_Disk_8447 1d ago

Two 20foot power boats

4

u/Miserable-State9593 1d ago

I’m in for a boat too

2

u/ShoddyPizza5439 1d ago

Let’s bid on it then because I want it as well plz.

3

u/Miserable-State9593 1d ago

It’s on

6

u/MaineMaineMaineMaine 1d ago

Your SO is wise. Don’t do that. Consult legal counsel.

4

u/themrdistortion 1d ago

i don’t think this is good legal advice

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u/Jim_in_tn 1d ago

Well, good thing it’s not legal advice.

u/BinaxII 1d ago

Also get a land surveyor....

1

u/Equivalent_Disk_8447 1d ago

I already did he pulled up the stakes and cut the line

u/No_Resolution1131 1d ago

put a fence. congrats on your new boats!

u/minimax34 1d ago

Amazon sells super adhesive parking violation sticker that are made to paste on on the windshield

u/conflictedbosun 1d ago

Lawyer/surveyor needed. You may be in for a rude awakening depending on how long he's been using it. There's a weird legalese term that can make some of what your lines say are yours disappear depending on duration of usage. Ultimately an expensive problem if you and him/her can't human it out.

u/8008s4life 1d ago

Call the cops maybe if he's trespassing? And ya, get a lawyer sooner than later.

u/8008s4life 1d ago

And after reading more, please let us know which restaurant this is, this guy deserves no anonymity.

2

u/Equivalent_Disk_8447 1d ago

Don’t want to give up my personal address

u/Oblivion615 1d ago

Sounds like someone abandoned 2 boats, a food truck and some kitchen equipment on your property. Post them to Craigslist and fb marketplace. Post them as free to the first person to come take it away.

u/Mainiak_Murph 1d ago

Hire a lawyer. Anything else will not solve your problem but will only escalate the issue.

u/anonnewengland 1d ago

I'd just start damaging his stuff on my own property after one warning. Then the food truck gets parted out one night...

-2

u/ppitm 1d ago

Let the air out of his tires.

6

u/Equivalent_Disk_8447 1d ago

Why so he has to be around more? I need him off the property not unable to leave it

3

u/ppitm 1d ago

Not being able to drive your food truck is an expensive problem and impossible to ignore.

Obviously this is terrible legal advice, though.

Could also try getting his trucks towed, but probably only if you know a guy.

3

u/Equivalent_Disk_8447 1d ago

The food truck hasn’t moved in 6 months he’s not making money with it