Can I remove wooden survey stakes? It is illegal in most states to remove survey corner points. It could also be illegal to remove wooden stakes placed by the surveyor, if the person that removes them is not the one that paid for them in the first place.
What would happen to the pin without the wooden stake?
In fact, without the wooden stake to mark its (the pin/monument) location you wouldn’t know it was there. Even we might have trouble relocating it if the stake somehow disappears. We put the darn thing there in the first place? That is how weak any argument would be and courts are already wise to the games people play.
Can I replace fence stakes without replacing them?
Either way, they were your property and real damage has occurred if your fence cannot be properly placed without first replacing the stakes. I suggest contacting the neighbor, letting him know that you needed the stakes to build your proposed fence, and that you want him to pay your surveyor to replace them.
Can a surveyor determine legal ownership of your land?
You’ll refuse to purchase a car that is not the color you like or eat a steak not cooked to your specifications but your land doesn’t get any attention at all. No surveyor is absolutely positive that a fence or any other structure is encroaching, not ever. No surveyor is able to determine legal ownership of anything.
Can a surveyor tell you if you have a case?
In the end, the surveyor can only advise regarding his knowledge of land issues and not whether someone has a case for anything. In fact, whenever I run into situations where there is a conflict, I immediately mention getting attorneys and almost like magic the conflict id diminished dramatically.
Can I remove wooden survey stakes in MA?
Can I remove boundary markers and survey stakes? Removing boundary markers can be prosecuted as a criminal offense under Chapter 266, Section 94 of the Massachusetts General Laws. Therefore, you must be very sure that the stakes are entirely on your property.
Can you move property pins?
Section 14-111 of the Real Property Code makes it a criminal misdemeanor for any person to willfully obliterate, damage or remove any marker or other landmark set in the property of another person by any civil engineer, surveyor or real estate appraiser or any of their assistants.
Is it illegal to remove a survey stake in Texas?
(a) Any person who knowingly injures, destroys, disturbs or removes any marker properly placed on any tract of land or street or highway line by a surveyor, or by any person at the direction of a surveyor, for the purpose of designating any point, course or line in the boundary of such tract of land, street or highway, ...
Is it a crime to remove survey stakes in Florida?
—It is a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083, for any person to molest any monuments established according to this part or to deface or destroy any map or plat placed on public record. History.
Is it illegal to remove survey stakes CT?
The short answer is Yes, it is illegal to remove a marker. LEWIS ASSOCIATES suggests you obtain a survey of your property to determine the correct boundary. The long answer is. . . According to The State of Connecticut Statute Sec.
Can a metal detector find survey pins?
A metal detector can find property pins. But choosing the right metal detector can make the difference between successfully finding them, and giving up out of frustration.
What is an encroachment on a survey?
Encroachment happens when someone traverses boundaries outlined in a survey, violating the property rights of another property owner. Encroaching on someone else's property is akin to trespassing—that is, entering another person's grounds without their express permission.
Can my neighbor tear down my fence Texas?
You do not want to be caught by surprise. Under this statute, a person may not remove a fence that is a separating or dividing fence in which the person is a joint owner or that is attached to a fence owned or controlled by another person, absent mutual agreement between the parties.
Who owns the fence between two houses?
When looking at the plans, the ownership is indicated by a “T” marked on the plans on one side of a boundary. If the “T” is written on your side of the boundary, you're responsible for maintaining it. If there's an H (although actually it's two joined Ts) the boundary is the joint responsibility of both parties.
How long is a land survey good for in Florida?
Land surveys usually last 5 to 10 years after they are completed, so if the previous survey was done a long time ago, it's probably a good idea to get a new one done even if you locate the official document.
How close to the property line can I build a fence in Florida?
Fences and walls in required front yards shall set back ten feet from the property line unless such fences are no greater than four feet in height and do not exceed 50 percent opaque, in which case front yard fences may be located on the property line.
What are survey markers used for?
Survey markers, also called survey marks, survey monuments, or geodetic marks, are objects placed to mark key survey points on the Earth's surface. They are used in geodetic and land surveying.
2 attorney answers
Adverse possession in Kansas can be tricky, and just because a fence is located on property for a period of years does not automatically mean a new boundary has been established. Adverse possession is a fact based area of law, and each case can be different.
Tony A. Potter
If someone is trespassing, the property owner has the right to remove the trespasser. If they are wrong and remove stakes from someone else's property they would be liable for damages caused.
