"Neighbor" Ripped Out Survey Stake

[ryefko]

What is the name of your state? Virginia

I had a survey done, surveyors placed pins and a few wood stakes. On the side of the problematic neighbor, surveyor placed a stake on MY property, facing problem neighbor (so that it would be easily identified) with the words "Survey Marker, Pin on Line". 2 hours later it disappeared. Problem neighbor came out, basically did not like how the survey turned out, and ripped the stake out of the ground and hid it in his garage. He admitted to me and to the police that he called that he removed the stake. I am not concerned with "having to live next to him". I have been told that this is a misdemeanor, and if so, would like to know the Class and the statute where I can find this. Thank you for any assistance.

 

[Ozark_Sophist]

Did he remove the wood stake or the iron pin?

 

[ryefko]

Survey Stake Ripped Out

He removed the wooden stake marked "Survey Stake". He was unaware of the metal rod.

 

[HomeGuru]

What is the name of your state? Virginia

I had a survey done, surveyors placed pins and a few wood stakes. On the side of the problematic neighbor, surveyor placed a stake on MY property, facing problem neighbor (so that it would be easily identified) with the words "Survey Marker, Pin on Line". 2 hours later it disappeared. Problem neighbor came out, basically did not like how the survey turned out, and ripped the stake out of the ground and hid it in his garage. He admitted to me and to the police that he called that he removed the stake. I am not concerned with "having to live next to him". I have been told that this is a misdemeanor, and if so, would like to know the Class and the statute where I can find this. Thank you for any assistance.

**A: how come you did not ask the police for this information?

 

[ryefko]

How come you are assuming I didn't? I did ask the police, who in turn, replied, they thought this was a civil matter. To which I replied, "no, it is a criminal matter and does violate a statute regarding the removal of a property stake placed by a licensed surveyor...do you know the statute I am referring to, or what part of the law this violates"? He stated "no, go to a magistrate and they can tell you". I went to a magistrate and while she stated she believed it to be a misdemeanor, she could not find it, and instead, charged him with trespassing and removal of personal property.

So, I will ask again if anyone can help point me in the right direction. I ran into the previous magistrate yesterday who stated he knew it was a misdemeanor but was under a "strange" section that he could not remember. He told me to look under "monumentation". I still cannot find it. Any reasonable, non condescending responses would be welcome. I am not looking for "why are you doing this" comments...simply an answer if anyone knows. Thanks.

 

[Ozark_Sophist]

Only the metal pin falls under the state statutes and/or codes I have read for destruction or removal of a survey monument.

 

[ryefko]

Ozark

Thanks for the intelligent answer. I will call the magistrate tomorrow and tell her what you have found, and see if she can look up permanent monuments and steer her in that direction. If that is true in VA, that's disappointing, but I will still have tresspassing and a no contact order. That should, at a minimum, eliminate his behavior for a while.

 

[Ozark_Sophist]

TRS-5717-M1 ENTER PROPERTY TO DAMAGE, ETC.: enter the property of (insert name of victim) for the purpose of damaging it or the contents thereof, or for the purpose of interfering with the rights of the owner, user, or occupant thereof to use such property free from interference.

Or better yet

18.2-137 B M 1 VAN-2922-M1 MONUMENT: INTENTIONAL DAMAGE, VALUE <$1000 intentionally destroy, deface, or damage (describe property), belonging to (insert name of victim), with the value of, or damage to,
such property being less than $1,000.00.
18.2-137 C F 6 VAN-2956-F6 MONUMENT: INTENTIONAL DAMAGE, VALUE >=$1000 intentionally destroy, deface, or damage (describe property), belonging to (insert name of victim), with the value of, or damage to, such property being $1,000.00 or more.

Or,

18.2-137 F M 3 VAN-2900-M3 MONUMENT: UNLAWFUL DAMAGE, NO INTENT TO
STEAL
unlawfully destroy, deface, or damage (describe property), belonging to (insert name of victim).
18.2-137 G M 3 VAN-2900-M3 MONUMENT: UNLAWFUL DAMAGE, NO INTENT TO
STEAL
unlawfully remove without the intent to steal (describe property), belonging to (insert name of victim).

but I believe monument is defined as a pin. I saw it somewhere; let me back track my history.

Above quotes found most on page 30 of 90 pages at http://www.courts.state.va.us/publications/vcc/vcc_lookup_spreadsheet.pdf

ETA: The monument described may refer to something else entirely, for example tombstones. There are 90 pages and I didn't want to read all of it.

 

[Ozark_Sophist]

There are two forms a permanent monument may take. One is concrete and the another is a pin.

I would call your surveyor to verify (after all she or he would know better than anyone, even the magistrate what the penalties involve).

Good luck!

 

[ryefko]

Thanks for the information. The magistrate said it did not rise to "destruction", but your trespassing statute you sent and the one below fits. I will see which one he was charged with.

Yes, the first person I called was the surveyor, he said the law exists but could not locate it...one would think they would keep that one on file...

Thanks again.



18.2-119 C M 1 TRS-5709-M1 TRESPASS: AFTER BEING FORBIDDEN TO DO SO go upon or remain upon specified land, building, or premises after having been prohibited from doing so by a court of competent
jurisdiction by an order issued pursuant to either §§16.1-253, 16.1-253.1, 16.1-253.4, 16.1-278.2 through 16.1-278.6, 16.1-278.8,
16.1-278.14, 16.1-278.15, 16.1-279.1, 19.2-152.8, 19.2-152.9, 19.2-152.10 or an ex parte order issued pursuant to §20-103, and
after having been served with such order