Is moving survey stakes illegal?

One question we get asked frequently is: Is it illegal to move a survey marker? Generally, the answer to that question is YES, it is illegal. Only government officials with a permissible purpose, such as a cadastral land resurvey, should remove or alter permanent survey markers.

What should I do if my neighbor moved the marker?

Ask them directly and politely if they moved or tampered with the marker. This is a common problem I’ve seen happen over the last 30 years. The wood stake is what is commonly referred to as a witness post. It’s simply a stake placed near the actual monument. Many states require the witness stake to be placed by the regulant at the time of survey.

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.

What did my neighbor do on his property?

My neighbor showed me what he had done last time the line was surveyed. He buried his own stake, a piece of rebar, just below grade, so a knife could scrape dirt off. Tip painted bright orange. He did one at each corner. I don’t think all surveryors buried permanent stakes until more recently.

What should I do if someone moved my Boundary Monument?

The true deal for the OP is he thinks some one moved his boundary monument. The first step in legally defending his property is to get a certified legal opinion by the only professionals licensed by the state to do so….and that is to get a survey done.

Can a neighbor encroach on your property line?

MYTH 2: It’s very rare for a neighbor to encroach over a property line. It’s more common than you think; land surveyors see these types of issues. Don’t be so sure that you aren’t encroaching onto property that legally belongs to your neighbor, or that they aren’t technically doing the same with your property.

What to do if Neighbor moves surveyor’s pin?

You might want to request that your neighbor have a surveyor verify the common property boundary before installing a fence or blacktopping the driveway. If the neighbor encroaches on your property, you can require the paving to be removed or the fence relocated.

What to do if your neighbor does not stop building on your land?

If the neighbor does not stop building on your land, hire a lawyer immediately and get a judge to issue an order that will force your neighbor to stop building on your land until you can bring a trespass lawsuit. Have More Questions About Property Boundaries, Lines and Neighbors?