Can property stakes be illegal?

[Iceman313]

What is the name of your state (only U.S. law)? Pennsylvania


Good afternoon,

My evil neighbor recently put two wooden property stakes on the "supposed" property line. They each stick out more than a foot from the ground. He put them pretty much where surveyors had placed "professional" stakes (not sticking out of the ground) many years ago when his home was occupied by another owner. One stake is actually right alongside the public sidewalk, creating a safety hazard for passers-by (I witnessed two people almost running into it while walking).

My question is: Is this legal, considering it is on the "supposed" property line (needs my consent, too?), and that they weren't placed there by a surveyor (a surveyor, though, would never put wooden stakes that stick out of the ground). There is also a safety issue, as clarified above.

I am aware that if he were to move the stakes over onto his property, there is no longer a property dispute, and therefore my hands are tied. However, he could still be treading in "illegal" territory by having the one right next to a public sidewalk.

Am I right, or am I wrong? I would appreciate any legal feedback from those who may know a lot more than I.

 

[Banned_Princess]

What is the name of your state (only U.S. law)? Pennsylvania


Good afternoon,

My evil neighbor recently put two wooden property stakes on the "supposed" property line. They each stick out more than a foot from the ground. He put them pretty much where surveyors had placed "professional" stakes (not sticking out of the ground) many years ago when his home was occupied by another owner. One stake is actually right alongside the public sidewalk, creating a safety hazard for passers-by (I witnessed two people almost running into it while walking).

My question is: Is this legal, considering it is on the "supposed" property line (needs my consent, too?), and that they weren't placed there by a surveyor (a surveyor, though, would never put wooden stakes that stick out of the ground). There is also a safety issue, as clarified above.

I am aware that if he were to move the stakes over onto his property, there is no longer a property dispute, and therefore my hands are tied. However, he could still be treading in "illegal" territory by having the one right next to a public sidewalk.

Am I right, or am I wrong? I would appreciate any legal feedback from those who may know a lot more than I.

Does he intend on putting up a fence?

Why dont people watch where they are walking, a stake sticking out of the ground, a foot high should not be a problem to walk around or be seen...

 

[FarmerJ]

I would say that unless your city has local ordinances regulating in detail what a property owner can and cannot place in a so called public easement area like say next to side walks that there really is no reason a property owner could not only put a fence in right along the sidewalk but other things as well like say a hedge line of bushes that have thorns like the ones that were along the sidewalks of my first house. A object like a wooden stake may not it self be illegal but if there is risk of injury then from a placement then id say the risk is the property owners that someone some day may be injured and sue them. If city ords forbid this placement so close to the sidewalk then inform the city of it and let them deal with it. (if this stake is even one inch to the neighbors side of the property line and the original pin is what is on the property line then Id say its not on your property line at all and your only answer is what your citys ords have to say)

 

[Iceman313]

Does he intend on putting up a fence?

Why dont people watch where they are walking, a stake sticking out of the ground, a foot high should not be a problem to walk around or be seen...

No, he is not putting up a fence. He's doing it to annoy me, or better yet, to bully me (hard for me to mow around it).

I thought he had to have my consent to put something "on the line". He doesn't own it anymore than I do.

 

[Iceman313]

I would say that unless your city has local ordinances regulating in detail what a property owner can and cannot place in a so called public easement area like say next to side walks that there really is no reason a property owner could not only put a fence in right along the sidewalk but other things as well like say a hedge line of bushes that have thorns like the ones that were along the sidewalks of my first house. A object like a wooden stake may not it self be illegal but if there is risk of injury then from a placement then id say the risk is the property owners that someone some day may be injured and sue them. If city ords forbid this placement so close to the sidewalk then inform the city of it and let them deal with it. (if this stake is even one inch to the neighbors side of the property line and the original pin is what is on the property line then Id say its not on your property line at all and your only answer is what your citys ords have to say)

He placed the stakes right where the pin is in the ground. It could be more on my property than his.

Who owns the "property line"? I thought only surveyors could put anything permanent "right on" the property line.

 

[Banned_Princess]

He placed the stakes right where the pin is in the ground. It could be more on my property than his.

Who owns the "property line"? I thought only surveyors could put anything permanent "right on" the property line.

OK, then YOU put up A fence at the stakes. or dig the steaks up, and move them over an inch or 2, and buy a weed wacker to get the grass on your side.

a fence is permanent, and people can put in permanent markers on their property line. bushes, fences, rocks, ugly steaks in the ground...

how do you know where the surveyors put the markers, if they are underground, how do you KNOW this guys markers aren't an inch to his side. . .

 

[Zigner]

If you are "going around" the stake while mowing, and if the stake is "on" or "right next to" the property line, then you may very well be trespassing on his land with your mower.

 

[Iceman313]

OK, then YOU put up A fence at the stakes. or dig the steaks up, and move them over an inch or 2, and buy a weed wacker to get the grass on your side.

a fence is permanent, and people can put in permanent markers on their property line. bushes, fences, rocks, ugly steaks in the ground...

how do you know where the surveyors put the markers, if they are underground, how do you KNOW this guys markers aren't an inch to his side. . .

He put the stake right in front of the surveyor's pin. It was placed there years ago, and is very visible (was pounded in the ground, but tiny bit above ground).

 

[Iceman313]

If you are "going around" the stake while mowing, and if the stake is "on" or "right next to" the property line, then you may very well be trespassing on his land with your mower.

My mower doesn't touch his lawn.

It looks like he is trespassing by putting a dangerous wooden stake on the property line (more on my property than his, it seems). He needs to move so it's clearly on his property, not mine.

You're not allowed to move property stakes put in by a surveyor. That, he is not; and neither does he own the property line (no one does). It is an invisible line used as a reference point. He needs to move it at least an inch or so so it is clearly on his property.

I think he needs to be pay to have his property re-surveyed since he is forcing the issue.

 

[154NH773]

I think he needs to be pay to have his property re-surveyed since he is forcing the issue.

I don't get it; what issue is he "forcing"? The property has already been surveyed, and you don't disagree where the surveyor's pins are located. The only problem seems to be that you believe the marker he erected is partially on your property. That should be easy enough to determine by running a string between corner pins.

What are we talking about here, a two or three inch wide "dangerous wooden stake" that may be an inch onto your property? That is the only issue you have, any other issues are with the town and its ordinances or regulations.

If the "dangerous wooden stake" is actually on your property, you can ask him to remove/move it.

 

[Iceman313]

I don't get it; what issue is he "forcing"? The property has already been surveyed, and you don't disagree where the surveyor's pins are located. The only problem seems to be that you believe the marker he erected is partially on your property. That should be easy enough to determine by running a string between corner pins.

What are we talking about here, a two or three inch wide "dangerous wooden stake" that may be an inch onto your property? That is the only issue you have, any other issues are with the town and its ordinances or regulations.

If the "dangerous wooden stake" is actually on your property, you can ask him to remove/move it.

Yes, he's "forcing" the issue, if he doesn't agree with property markings that were put there 20 or so years ago. It will be up to him to pay to have the property re-surveryed. He has it on the property line, so he is trespassing.

Why do I care? Because the man is crazy, and is trying to intimidate me with "stakes" (took him 15 years to decide to this). I will fight over inches when someone is bullying me.

 

[Banned_Princess]

Yes, he's "forcing" the issue, if he doesn't agree with property markings that were put there 20 or so years ago. It will be up to him to pay to have the property re-surveryed. He has it on the property line, so he is trespassing.

Why do I care? Because the man is crazy, and is trying to intimidate me with "stakes" (took him 15 years to decide to this). I will fight over inches when someone is bullying me.

Well then you appear to be in for a fight.

Good luck. It might just be less drama and fight, if you just put up a fence.

 

[Zigner]

You are intimidated by small pieces of wood on the ground that mark the property line. That doesn't seem like a legal matter to me. Good luck.

 

[Gail in Georgia]

"I will fight over inches when someone is bullying me. "

An excellent definition of crazy.

 

[Iceman313]

"I will fight over inches when someone is bullying me. "

An excellent definition of crazy.

I don't think you understand the situation to come to such quick judgment. What is crazy about calling your neighbor out on trespassing, considering he's been bullying the neighborhood for 6-7 years?