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  1. #1
    Chester Taylor is offline Junior Member
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    Survey Stake Removal Question

    What is the name of your state? TN

    We last year we purchased a house in an urban section of Nashville and during the process the seller of the home retained a portion of land adjacent to his other home. When that happened he paid for a stake survey to be done on the property that we acquired. Well, our neighbors behind us dug the steak out that bordered their property. We wanted to put a fence up but we aren't positive where the stake was. What can we do?

    Thanks for your help!
  2. #2
    FlyingRon is offline Senior Member
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    Are we talking about a wooden stake sticking up out of the ground or the iron pin/pipe that's a property marker. Generally, you don't expect above ground markers to be permanent. If you left one on the boundary there for an extended period, it is not unreasonable for the neighbor to pull it out.

    Get the survey document you had perpared and see if there is a pin or pipe there at the corner. If so, you can go out and see if you can find it (or find the hole that the stake was in). Otherwise, you can call the original surveyor and see if they will at a discount replace the missing stakes.
  3. #3
    Ozark_Sophist is offline Senior Member
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    If it was an iron pin and not a wood stake, can you prove the neighbor removed it? If you can, you can either report the neighbor to the police, sue the neighbor for the cost of a new survey to reset the pin, or just get the survey and fence in because it is after a neighbor you will be living with for some time.
  4. #4
    Chester Taylor is offline Junior Member
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    It was an iron stake

    I can't prove my neighbor removed it, but who else would have? The stake was on the border of only two properties - mine and my neighbor's.

    I should probably state that my relationship with my neighbor is pretty bad. They started off greeting us by cussing us out about a mosquito problem on the day we purchased the property and it's only gone down hill from there. The next thing I know, we are looking at putting up a fence and I see that we don't have a metal stake where one once was - although there are 3 other ones on the corners of our property...

    Did I mention that he is an attorney? He and I get along fine (considering) but his wife is a nutcase and I'm just about positive that she pulled up the stake. He would know better...
  5. #5
    FlyingRon is offline Senior Member
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    Quote Originally Posted by Chester Taylor View Post
    I can't prove my neighbor removed it, but who else would have? The stake was on the border of only two properties - mine and my neighbor's.
    .
    The stakes are not intended to be permanent. He's within his right to remove them after such an extended period.

    Whether he's a lawyer, his wife is a nut case, or he draws insects, makes no difference.
  6. #6
    Orcons is offline Member
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    Quote Originally Posted by FlyingRon View Post
    The stakes are not intended to be permanent. He's within his right to remove them after such an extended period.
    Do you know this to be the case in TN? In my state it is against the law to remove survey stakes. I believe that is the case in many other states, although I don't know about TN specifically. According to the OP this was a metal stake which is intended to be permament (or nearly so), in any case, if you are not allowed to remove survey stakes it does not matter what kind it is, you can't remove it.
  7. #7
    Chester Taylor is offline Junior Member
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    Metal Stake Removal

    IF they are allowed to be removed (and I don't believe they could) please define the period that is how long before they can be removed? This was about a month and no longer than 4 months - I could actually refer it to my wife who is a lot better at remembering the dates than I am...
  8. #8
    FlyingRon is offline Senior Member
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    Quote Originally Posted by Orcons View Post
    Do you know this to be the case in TN? In my state it is against the law to remove survey stakes. I believe that is the case in many other states, although I don't know about TN specifically. According to the OP this was a metal stake which is intended to be permament (or nearly so), in any case, if you are not allowed to remove survey stakes it does not matter what kind it is, you can't remove it.
    When I had stated he had not answered whether it was the iron pipe/pin which is intended to stay there or just the "conveninece" wooden stakes that surveyors drop along with wire flags and yards of plastic orange tape to lead people to where they've been. Nobody expects the latter to stay there for a year.

    If he dug up the permanent pins, witness marks, etc... then yes, that is a problem. I have no idea why someone would do that, and I have my doubts about this story. The answer is, have it resurveyed and then proceed with a civil action to recoup the money for replacing things. Of course, he has no evidence pointing to the neighbor at all so it will be difficult.
  9. #9
    lizjimbo is offline Member
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    Wooden stakes are for quick visual reference

    Wooden stakes merely reference the approximate location of where the iron pin has been set. They should not be relied upon as evidence of the actual boundary corner. In most states it is a crime to remove the iron pin at the corner. If the wooden stake was placed by your surveyor on your land, you could probably force the neighbor to pay for the replacement. If you are uncertain as to where the actual corner is located, then contact a surveyor and ask for them to remark fo your fence construction. See if you can coordinate the surveyors visit with the fence contractors visit so that nothing will be missed or lost. By the way, in the Bible in the Book of Dueteronomy (sic), God has called for the penalty of death for anyone that removes his neighbors boundary stone. Not sure how many executions have been carried out under this law, but now all who read this know.
  10. #10
    45Frank is offline Member
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    I here you, I paid nearly a thousand dollars when I bought my property and I watched a SURVEYER remove the metal stakes on three points of the 6 on my property, well he didn't know I was up the hill watching him the young punk lied thru his teeth a denied it, the mud from where he walked thru the creek lead right to him. Why would anyone remove a 1" metal stake that was painted flourescent orange.

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