Survey Stake Question

[laughing man]

What is the name of your state? California

Neighbors have surveyed their easement across my property, it is a straight line, 20 feet wide along a fence, the location of the easement is pretty clear as it is a developed gravel roadway.

Do they have a right to keep the wooden survey stakes (spray painted bright pink) in permanently? If so - would I be liable if one of my animals eats one, runs into one, breaks one etc? I'm not referring to the metal corner pins just simple wooden stakes & the easement deed does not allow them to do anything but ingress/egress. Just wondering....

 

[seniorjudge]

What was the purpose of the survey?

The general rule is that you cannot screw around with survey stakes.

But this is a pretty unusual situation...why did you let somebody survey your land?

 

[laughing man]

What was the purpose of the survey?

Not really sure, we wondered too as there was no question of the location of the road.

But this is a pretty unusual situation...why did you let somebody survey your land?

I believe they only surveyed their easement - I didn't really think it was a big deal - should I have not let them survey it? Did they have a legal right to survey/stake it?

 

[seniorjudge]

Not really sure, we wondered too as there was no question of the location of the road.

I believe they only surveyed their easement - I didn't really think it was a big deal - should I have not let them survey it? Did they have a legal right to survey/stake it?

That's what I am asking YOU.

I mean, if I saw some surveyor on my land, I'd ask him what was going on.

Tell us what happened here.

Facts...details.

Tell your neighbors to come get their stakes.

But tell me the story first.

 

[laughing man]

Story is this: neighbor sued us to obtain a public dedicated road thru our property. Lawsuit was settled and we granted him an private ingress/egress easement to a smaller portion of his property for future subdivision of his parcel. No subdivision has taken place. (I must mention the man is nuts about surveying, and apparentely has unlimited funding for such, he has literally repeatedly surveyed his own property and made numerous preliminary subdivision maps over the past 10+ yrs). During several of the surveys the easement road was staked and restaked.

We saw the surveyors out one time they were surveying and asked what he was doing. He said that in California a surveyor has the right to come onto any property at any time and survey without notice or explanantion. He then said that the man just wanted to know where his easement was.

Is he allowed to survey and stake the easement or not? How long can these wooden stakes remain in my yard? - it has been well over a year.

 

[justalayman]

yes, he can survey the easement he has been granted.

the stakes; as long as you do not remove the actual marke pins, you are good to go as far as removing them.

question to you though; are the stakes in your way? If not, why not leave them there. If they are, you have every right to remove them as they restrict your use of you land.

 

[laughing man]

the stakes; as long as you do not remove the actual marke pins, you are good to go as far as removing them.

What is my legal stance for being allowed to remove them? Is there any legal requirement that I notify him prior to removal or can I just remove them without explanation?

question to you though; are the stakes in your way? If not, why not leave them there. If they are, you have every right to remove them as they restrict your use of you land.

Well I have left them there for over a year now but they are in pasture land and I'm concerned if the horses trample and break them I will somehow be responsible for paying for his surveying - they are just flimsy piece of wood after all Also my yard is nice and I just plain don't like them there!

 

[justalayman]

the stakes are put in the ground to make a visible marker and as an aid to delineate the property line. They are not the official stakes (pins)

To be nice and all, you might consider sending a letter (always send letters CRRR) asking him to remove them before oh, say, 10 days or so or you will remove them as they pose a hazard to your animals.

If he gets nasty tell him that if one of your animanls gets injured due to the stakes that you will hold him responsible for the damages.

 

[laughing man]

But did he have a right to put it stakes to begin with ? I would say that with a straight line corner pins would be sufficient. Seemed like he only did it to be a jerk as there was absolutely no question of the roads location. (I'm talking about 20 tall florescent pink stakes in my yard with florescent pink tape on them).

What if he puts them in again do I have a right to tell him no - the easement is for ingress egress only not for fencing or staking off?

 

[lwpat]

Sounds like he may have a contractor coming in to do some work and wants to be sure not to get outside the easement. Check with him first.

 

[laughing man]

No that's not it - next to the easement is a drop off and a wooded area, the layout of the road makes it impossible to not know the exact location of it or even be able to veer off it.

 

[seniorjudge]

But did he have a right to put it stakes to begin with ? I would say that with a straight line corner pins would be sufficient. Seemed like he only did it to be a jerk as there was absolutely no question of the roads location. (I'm talking about 20 tall florescent pink stakes in my yard with florescent pink tape on them).

What if he puts them in again do I have a right to tell him no - the easement is for ingress egress only not for fencing or staking off?

What does the easement language say?

 

[laughing man]

Private Access Easement upon, over and across said land. (Legal description attached) Said Grantor and Grantee and their assigns hereby agree to the installation of two gates by the grantee, (it then goes on to desribe location of gates in detail) Both gates are to remain closed when not in use. Said private access easement is to be maintained by Grantee and is for the benefit of the most westerly 5 acres more or less (one parcel only). Said private access easement to be kept free and clear of structures of any kind.

 

[laughing man]

Legal desription simply states private access easement 20 feet in width located at the westerly boundary of parcel 3 running north south for a distance of 1335 feet and ending at parcel 13.

 

[seniorjudge]

I am assuming that you were the grantee.

In any event, just based on that, I don't think your neighbor had any right to do any surveying.

All he had was a right to access over the easement; he cannot maintain it or do anything else to it.