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Can a neighbor remove survey stakes?
Yes. Under Section 605 of the California Penal Code it is a misdemeanor to intentionally remove or destroy a permanent survey marker.
Can you remove property stakes?
Even a professionally licensed land surveyor will not move or remove survey markers, as it is considered unethical to do so. It could also be illegal to remove wooden stakes placed by the surveyor, depending on what the stake is there for. They should only be removed by the person that paid for them in the first place.
What happens if you move survey stakes?
It’s pretty simple. So, if you had a survey done and your neighbor decides he wants to move the stakes, he’s doing it at his own risk because as soon as he puts his blacktop or concrete where the property stake was, he has now encroached upon your property and you’re going to have a lawsuit against him.
Is it illegal to move survey markers in NY?
In an effort led by NYSAPLS legislative committee, chaired by Daren Morgan, LS, and legislative counsel Wilson, Elser, Moskowitz, Edelman and Dicker, Governor Pataki signed into law Chapter 730 of 2005 making it illegal to knowingly damage, destroy, disturb, remove, reset or replace any boundary marker placed by a …
How far down are survey stakes?
At the time they were placed in the ground, the top of the marker was at or just below the surface. Final grading and landscaping, however, buries the survey pins deeper into the soil. By the time you’ll need to look for them, property markers are typically 6-10” underground.
How do I resolve a property line dispute?
How To Settle Property Line Disputes
- Talk To Your Neighbors. This is the first step to take.
- Put Up Signs And/Or Fences. If you live in an area with a lot of open land, it can be useful to put up signs to deter trespassers.
- Conduct A Title Search.
- Hire A Land Surveyor.
- Hire An Attorney.
How accurate are survey stakes?
Surveyors’ professional-grade GPS systems cost thousands of dollars and are generally accurate within a centimeter. Most consumer-level GPS units are accurate to 15 or 20 feet.
Is it illegal to remove survey markers TN?
It is a Class C misdemeanor for any person willfully to remove, deface or in any way to interfere with the stones marking the termini of the meridian line.
How do you mark property corners?
Property boundaries are often identified above ground with the use of stakes to mark the corner points. Years ago, wooden stakes were often used to mark property lines. More recently, long metal posts that are visible about 1 to 2 feet above ground have been used.
Can a neighbor move survey stakes on your property?
Your neighbor can’t move the survey stakes. And if your neighbor decides that he wants to put his driveway on your property, your neighbor is going to be buying himself a lawsuit. You’re going to be entitled to have him dig up his driveway, repair your property, a whole host of things.
Can a neighbor Sue a surveyor for trespassing?
Your property may be damaged, as well. Using the New York example again, the right-of-entry law does not “remove civil liability for damage,” meaning that you, the neighbor, can sue the surveyor if he manages to damage your property in the course of his professional activities. Asking Trespassing Surveyors to Leave
When do surveyors have to remove survey stakes?
Land surveyors themselves are supposed to remove any above ground instruments, such as stakes, if they create an unreasonable risk of harm. Unless the landowner gives written permission to leave the stakes, they must be removed within sixty (60) days.
Is it legal to have a surveyor on your property?
In short: If your state does not have right-of-entry laws, you are not required to let surveyors onto your land. There are many reasons why you might allow a neighbor’s surveyor on your land.