What laws are there to keep a surveyor from stealing our land?

Question

A surveyor is surveying for a new housing project and says he is taking a six foot wide strip of land from our feild. What laws are there that protect our property? We live in Idaho.

Answer 1

When any other person/entity intentionally enters into real property lawfully owned by another, the cause of action is known as "trespass."

Idaho and probably all states have laws the define a trespass and how to remedy it (see the link below).

If you believe that your property is being trespassed upon via an inaccurate survey, encroachment, squatting, fencing, or some other method, you must give notice of the trespass to the trespasser (in writing to support your case), with the directive to remove themselves and/or their improvements immediately from your land. Here, it may be the person who hired the surveyor.

If the land is rightfully owned by you and they do not comply, you probably have a right to file suit for trespass, including damages and maybe attorney's fees. Good luck!

Answer 2

You are protected by the law, but you will need to be able to prove that your opinion regarding the true location of the line is correct in a court of law.

You need to hire a different licensed professional land surveyor, and tell him that you are hiring him specifically to determine whether the surveyor working on the housing project is right or wrong.

If your surveyor agrees with the other surveyor about the disputed line, then you are very unlikely to win your case in court, however, if your surveyor agrees with you, then you may have a strong case.

Once you have your own survey done, you will probably need a lawyer as well, in order to demonstrate to the developer of the housing project that you mean business. This will cost you quite a bit of money, but its what you need to do if you are serious about defending your property.

Answer 3

You should have a survey from when you purchased the house. That and the deed should denote the boundary lines of the property. A person cannot just "take" land from you. Perhaps this is an easement rather than "your" property? I would definitely talk to your town council regarding the development to get the full plans and follow it each step of the way.

Answer 4

Surveyors don't steal land. They are hired to make maps and show where deeded property is on the ground. I would need more details about what's happening, but I would guess that a municipality or a utility company may be trying to acquire some of your land by eminent domain.

You are welcome to contact me directly if you want.
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Answer 5

The deed to your land has your property boundaries on it. You can check it yourself or call in a separate surveyor to check it. It's quite possible it was measured the first time incorrectly and that strip was never yours.

Answer 6

when you bought the property did you have a survey done and had the property boundaries marked? or is the surveyor stating according to the legal property description six feet which you believed was your property is really on the other property

Answer 7

Well, from your question, I think we would need to go far back in time...who did the Spanish steal the land from, and then who did the Aztecs steal the land from and in ad finitum. Land is won or bought or lost by wars...treaties only end wars. So the treaties are in effect but not completely enforced. The 'Native Americans' claim the same but it is the winner of a battle or war that takes the land....is it right or fair is a different point. What about the aborigines of Australia or the Hawaiians? Were the lands stolen or won or what? Apply your logic to the world....the Soviet Union, the Axis, the Japanese, the French...who did what to whom?

Answer 8

Get your own surveyor and dispute the property lines. The courts will make the ruling.

Answer 9

Maybe a better way to phrase that question is: By what law may a surveyor steal your land?

Is he trying to use eminent domain?

Answer 10

call your congressman