How to Address a Neighbor Removing Survey Stakes: Legal and Practical Solutions
When a neighbor keeps removing survey stakes marking your property boundaries, it can create significant challenges for property owners. This situation is not just inconvenient but also illegal in all states in the USA, as it violates property rights and the terms of the survey report.
Understanding the Legal Implications
It is illegal to move or remove a surveyor's stakes. This is considered a civil offense, meaning you are unlikely to get help from the police. However, you can seek advice from the surveyor who originally conducted the survey. They have a vested interest in ensuring their work is accurate and could provide valuable guidance on how to proceed.
Communicate with the Neighbor
The first step in resolving this issue is to calmly and constructively talk to your neighbor. You do not owe them an explanation, but a gentle, fact-based discussion can often clarify misunderstandings.
Say: "My mortgage company requires me to verify the actual property lines, so I called the surveyor. They are marking it so I know where it is and in the event I want to build a fence someday for curb appeal."If they become confrontational, simply reiterate that moving the stake does not alter the property lines.
A Real-life Example
A case in point involves my wife's inheritance of 20 acres. After her father's passing, she had the property surveyed, revealing that she owned about 100 feet on the other side of a utility right-of-way. Homes are situated on the other side, and some homeowners assumed their property extended to the right-of-way. In walking the property line with the surveyor, we discovered that a marker on my wife's property was placed in the neighbor's garden and then removed. The surveyor informed us that this action was illegal, suggesting they install a more permanent marker, such as an eight-foot bar sunk seven-and-a-half feet into the ground.
Despite our efforts, the eight-foot bar eventually disappeared, leading us to consider more drastic measures. A sheriff might need to intervene to remove the neighbor's belongings if they continue to encroach on our property.
Step-by-Step Solutions
If your neighbor is constantly removing survey stakes, here are the steps you can take to address the situation:
1. Communicate
First, engage in a conversation with your neighbor. They might not fully understand the importance of the stakes or face concerns about their placement.
2. Document the Issue
Keep thorough records of the survey, including the surveyor's report, and document any instances of the stake being removed. Taking photos is strongly recommended.
3. Reinstall the Stake
If the stake is removed, reinstall it. Ideally, do this with the assistance of the surveyor who conducted the original work, ensuring it is placed correctly.
4. Contact the Surveyor
Consider contacting the surveyor for advice. They might be able to provide additional documentation or even conduct a re-survey if necessary.
5. Seek Mediation
If verbal communication fails, seek the help of a mediator. A neutral third party can facilitate a discussion and help resolve the dispute.
6. Legal Action
Legal action may become necessary if the neighbor's actions continue to interfere with your property rights. Consult with a real estate attorney who can advise you on your rights and potential legal proceedings.
7. Report to Local Authorities
Dependent on local laws, you might also have the option to report the issue to local authorities or a zoning board, especially if the removal of the stake violates any local regulations.
It is often best to start with communication and documentation before escalating the situation legally. Amicable resolution can save time and resources while ensuring your property rights are protected.