My neighbor moved survey markers between our properties...see details?

Question

How can I get an accurate survey when markers on and off my property have been moved? Is there any way I can be guaranteed I will get a good survey when they've moved the beginning reference point?

I'm in a boundary line dispute with my neighbor. A survey crew came out and moved three of four permanent survey markers on my property and moved other markers like the reference point. They have been working with my neighbor during the dispute.

I do have an attorney and we have been involved in a lawsuit for the past 2-1/2 months. The problem is I can't prove they moved them if the reference point to my property was also moved...or can I? Is there a way for surveyors to verify the reference point without surveying another piece of property first. BTW this was supposed to be an unbiased survey, but found out the company had surveyed her property before and they started moving things after the Judge threw out their survey for conflict of interest. They came back 9 days after they did the survey and started digging up survey markers and moving them when I wasn't home, then I caught them yesterday moving another one.

So much excellent advice. Thank you all for that. I'll try to pick the best answer but wish I could pick several.

The surveyors that are involved in, or at least, knowledgeable of the marker changes were the ones ordered by the court. There will be a new survey , with another order from the Court (the 1st thrown out for conflict of interest), another survey company, but I'm worried they have corrupted some or all of the reference points to my property. I will have to depend on the new survey, but would like to be sure it is truly accurate.

Thanks again for all the great advice.

Answer 1

Sometimes these things get down to - who hired the survey company?

When you bought your original property, you bought it with a legal description of just what it is. The description of the property is described eventually in terms of longitude and latitude. The fly in the ointment for you is the quality and accuracy of the surveyed plat at the time you closed the purchase of your property. You signed off on this at closing; most don't realize this. All they remember is having to sign and date a bunch of different papers.

You may have to hire your own crew to see if the reference moved, if that is part of your legal description. This is established from a known reference (a perpetual corner), so even if the marker gets moved - so what?

With the widespread use of GPS, the markers are more for convenience anymore.

Your neighbor sounds like an idiot. There would be less work for attorneys if there were fewer of that type of person in the world. Your neighbor is getting away with nothing by moving the markers.

Answer 2

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RE:
My neighbor moved survey markers between our properties...see details?
How can I get an accurate survey when markers on and off my property have been moved? Is there any way I can be guaranteed I will get a good survey when they've moved the beginning reference point?

I'm in a boundary line dispute with my neighbor. A survey crew came out and moved three...

Answer 3

Land Survey Markers

Answer 4

Are these people that keep saying that they fail to see the question blind or just stupid? I rad the entire thing even your updates. Don't really care about what your neighbors might or might not be doing. But as far as your dog getting stabbed with a pitchfork. That just sucks! I had a few friends stop over, one to look at my roof and the other just stopped by and within a half hour maybe my youngest dog got stabbed with what I believe was a pitchfork. he has a hole in his rear leg. I have 2 acres and my 3 house dogs don't stay on my property at all. It is a real problem for me, but cant afford to put a fence up. My dogs like me do not like him at all and they bark at him. They would never bite anyone, I heard my dog yipped and saw him limping and went over to ask him what he hit my dog with and he said that he didn't touch him. Then my wife tells me that my dog is bleeding. After looking at it I believe that it was a pitchfork since his son is spreading hay with a fork. I want to go over and beat the living tar out of him, but have a little more sense than that. Wondering if I should call the police though. Not sure if or what the lease law is here beings everyone's dog pretty much runs free around here. Any suggestions/ Did you call the law/

Answer 5

Surveyor Markers

Answer 6

Although laws will vary from state to state (assuming you are in the USA) I believe that it is not permitted that a surveyor pull out another surveyors marker. Land Surveyors are licensed professionals (like doctors and lawyers) and are governed by their peers. Each State has a Board of Professional Land Surveyors. You can usually find the organization on the web. Their by-laws should be posted on their website. You can file your complaint with the Board. If Surveyors encounter property corners they are to record them on the survey and show distances from them to where their research shows the actual corner to be.

Regarding establishing you point of beginning on your deed... if you are in a State with land defined by 'metes and bounds' (meaning distance and direction, as found in the eastern states) you should have a survey and deed description of your property. A deed description typically references a starting point away from your property such as a corner at cross streets or a set monument controlling the subdivision. A distance and direction will be given on the deed to the 'point of beginning' of your property. Your survey, in addition to showing the metes and bounds of your land should show "ties" from the buildings to the property lines and from the front property line to the center of the road. Ties are perpendicular distances from the property lines to site features.

This boils down to the fact that the moving of a property corner does not take land away from you. Your ownership is as stated in the deed and survey. Having your own surveyor to interpret this info for you is your best action.

Good Luck.

Answer 7

I m not sure why ur not aware but all property corners have 2 long metal rods driven into the ground. Often, they are completely grown over and only found with a metal detector but the Are There. Your plat of survey filed with the county with show distances from every corner of house to these points. You can measure yourself with long, outdoor tape measure from hardware store.

Answer 8

Call the Board of Land Surveyors for your state and file a complaint. If the surveyors have done anything wrong, they will probably loose their licenses. Also, you can figure out alot with a tape measure and a copy of your plat. Surveys are drawn to scale so you can determine distances from things like road centerlines and building corners. Also, believe it or not, a good handheld GPS is pretty damn accurate.

Answer 9

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Answer 10

Do you have licensed surveyor? If not, get one immediately. You don't need to worry about the reference point. Parcel corners are typically tied to established section and quarter corners.

If your attorney hasn't advised you to get your own surveyor, you may need to get a new attorney. Only another surveyor can refute the findings of your neighbor's surveyor in court.