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Neighbors and property borders and markers

Neighbors and property borders and markers

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  #1  
Old 07-09-17, 11:11 AM
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Neighbors and property borders and markers

Neighbors and property borders.
SO How do you put up with naive neighbors. They moved in about two years ago. Nice young couple with two little kids. When he first moved in, he asked so where is the property border. I answered; didnít you inquire that before you bought the house/property? However I just recently noticed he removed the front corner property marker (which he may of not even know what it was), probably so his lawn mower would not hit it?
I am a little perplexed about approaching him on the subject And the Legal issue on this subject especially how the conversation will develop? Like do you plan on replacing it? What are you intentions to correct your impulsive mistake? Hiring a surveyor to replace it properly and correctly? I realize this may cause some ill feeling between us that may take a while to heal.
 
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  #2  
Old 07-09-17, 12:16 PM
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He may not realize that it's illegal to tamper with property boundary monuments in most jurisdictions.

A few years ago, I was selling a larger parcel that had been subdivided and boundary markers (rebar) was placed at all of the corners, and intermittently along lines where a transit could not be used to site from one corner to another.

A Farmer who hayed the land decided to pound all of those steel rebar (steel reinforcement rods) down into the soil so that they wouldn't harm his equipment as he mowed, raked, tedded, baled and wrapped the haycrop.

The Farmer had to pay nearly $2000 to have the monuments reset.
 
  #3  
Old 07-09-17, 12:17 PM
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What was the marker and why can't it just be moved back. Everywhere I've lived there are metal "pins" driven about 6" or more below the surface. Or in very rural areas it was distinctive features like a large boulder or massive old tree. I know up along the DC to VA border (IIRC) when it was surveyed back in colonial days, they put distinctive stone markers all along the way. Since survey chains were only so long, there were a lot of markers initially.

Do you have something on top? If it's moveable so easily...are YOU sure it was accurate?

I noticed you said he asked about the borders, and you replied with what I consider a bit of a sarcastic comment that wasn't very helpful. Did you point them out or anything other than that?

I don't think it would be a big deal to ask him if he knew what that was he moved and how it's pretty important. Again, if you are positive it was correct. Unless you or he are planning a fence, what's the big deal right now? It will have to be resurveyed when one of you sells anyway won't it?

Yeah, if you came right at me and said "What do you intend to do to correct your impulsive mistake??" I'd tell you to go take a flying xxxx at a rolling donut! If you just said, I noticed the marker was moved, well that would be a lot different, esp if I didn't know what it was initially. Again, only if it was an official marker.
 
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Old 07-09-17, 01:29 PM
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Locally our pins are 18"-24" long and driven more/less flush with the ground. Exactly what did he remove? an iron pin or a wooden stake? something else?
 
  #5  
Old 07-10-17, 04:09 AM
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When the time comes that either of you move a search and survey is a normal part of the property sale (at least in my state it is). It will then be corrected. I would just forget about it unless you have a particular reason to know about the boundary.
 
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Old 07-12-17, 11:41 AM
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I agree I would just forget about the marker unless you want to put a fence up and at that time hire a survey company. I also agree be diplomatic about the survey marker I would just say something about your last conversation about the land survey and say that you had noticed him digging something up and that you think it was a survey marker but you are not sure. I know that when a house is built all kinds of trash gets buried in any manner the builders workers so desire. So who knows for sure if it really was a proper marker.

You and your neighbor could come to an agreement that you both would pay for the survey so that you both are satisfied with the results of the survey.
 
  #7  
Old 07-12-17, 12:09 PM
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Agree with the others, and this is obviously not the way to set survey stakes, but any chance that you could locate the hole to set the pin back in it? It might sound ridiculous, but you said recently, and our soil for example is heavy enough that unless I intentionally did it the hole is not going to disappear too quickly, particularly if it was one that I had to mow around so had a pretty good idea where to start.
 
  #8  
Old 07-13-17, 01:15 AM
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I don't know about other areas but in my area surveys of residential lots are generally NOT done on a property sale. When I bought my place I was quoted a minimum of five grand to do a survey. Title insurance guarantees the property as measuring as stated in the last official survey.
 
  #9  
Old 07-13-17, 02:54 AM
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I think it depends a lot on the mortgage company. I don't know what their criteria is but it seems to be their call more often than not if the property gets a new survey prior to closing. At least that's how it seems to be here in the southeast.
 
  #10  
Old 07-13-17, 03:15 AM
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Surveyors would all be rich if a new Survey were required for every transfer of a property; and Closings would be delayed considerably throughout this Country.

Parcels of land don't expand or contract just because the Ownership changed.

More often, a new Survey is required because the prior one wasn't properly recorded, or that there's been some alteration in the lines.

If there's reason for someone to challenge the boundaries as represented in the field, by pins, markers, or some other form of monument, then a Surveyor might be commissioned to refresh the corners in conformance with the already existing and properly recorded Survey; but no new document would need to be constructed from scratch.

Still, if that's what someone wants, and is willing to pay for, and wait for , , , , there are Surveyors who'll produce such a new work product.
 
  #11  
Old 07-13-17, 03:47 AM
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A Search and Survey or an Abstract may not be required by law for the sale or transfer of property (I think in New York State it is required) but, almost all title insurers will ask for a survey and most banks will not lend a mortgage without title insurance and that requires a search and survey to verify that the property and any structures are free from encumbrance or encroachments. It would be very unwise to make a sale without that incurred cost. If the survey was recent and legible it may pass the bank and be acceptable. But even that would be a minimum fee of perhaps $150 or so.

As I stated earlier unless you have particular reason to know the boundaries, leave it be until such time a sale or transfer of either property tales place.
 
  #12  
Old 07-13-17, 07:28 AM
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The customs for real estate sales are incredibly varied,
not just state by state, but also region by region.

Some areas always have surveys, others almost never have surveys.
Some areas always use attorneys, others almost never have attorneys.

This is one of those "it may be incredibly important - or it may be nothing, situations."

If it matters to the poster, then it's important.

But, if the poster is ASKING whether it's important,
I'd say, call you local association of realtors, or the realtor who sold the house in the first place. They should be up to speed with your local customs.
 
  #13  
Old 12-06-17, 03:05 AM
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This has wandered from Original Post SO

There is no law that requires a survey prior to a sale in my town!

So I am going to start a new post!
https://www.doityourself.com/forum/g...ml#post2669786
 
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