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Lot line markers

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slayergirl1smom

Junior Member
What is the name of your state? Massachusetts
My neighbor had his property surveyed for the purpose of putting up a fence. They had the fence put up last year in September. The lot line stakes are on the lot line, but there is a 6foot right of way on his side of the lot line and a 6 foot right of way on our side of the lot line. Thus making the right of way to our back property 12' wide. Well the nice weather is here now and I need to get to the back of my property and I cannot do it with the lot line stakes in place. I removed them to make my access easier and he got all bent out of shape and told me he paid for the survey and he wants the lot line stakes to be put back. I tried to explain to him that they were no longer needed. Anyways I went out for a while and he put them back. Can he leave them there forever? It is hindering my access to my back property having them in the way.
 


pojo2

Senior Member
Perhaps he would have been a little less ticked off (I would have been royally ticked) if you had ask if you could remove the stakes first. Think that is where you shot yourself in the foot for him to understand anything you said from then on out.
 

Litigation!

Senior Member
pojo2 said:
Perhaps he would have been a little less ticked off (I would have been royally ticked) if you had ask if you could remove the stakes first. Think that is where you shot yourself in the foot for him to understand anything you said from then on out.

My response:

Bullcrap, pojo2. The neighbor completed the survey. A survey doesn't give him, nor you in such a circumstance, to impede ingress and egress through an easement - - especially one that is created for emergency services like the fire department.

Pull the stakes. Your neighbor is done.

IAAL
 

Happy123

Junior Member
What no request for him to post the exact wording of his easement/deed? Just because he stated a right of way, that may not be what he has - so there may not be any ingress/egress rights set out in the deed/easement. I think it has been pointed out by the experts on this forum in the past - if all that is set out is a 12 foot easement, the the other person could build a fence around his easement and as long as you could climb over the fence then the easement was not blocked. I do not know if that is right but none the less that is what some of the experts have posted here on other easement questions.

So rather than telling this person to pull of the markers and opening up a whole lot of other legal questions, maybe the ole stand by response "post the exact wording of the deed/easement" should have been used. Then a more educated response could have been made.
 

slayergirl1smom

Junior Member
more info

Okay. I was told I should have posted the way the deed is worded, so here it is. The deed describes both premises, then goes on to say: Together with a right of way six feet wide on the westerly line of the adjoining premises, and subject to a right of way six feet wide on the easterly line of the granted premises, said drive to extend from the street to the rear line and to be used by the owners, their heirs and assigns, as a common drive. That is what the deed says.
I know that the neighbor knows it is a right of way to our back property because even the surveyor told him he would have to put his fence up six feet over from the lot line, which he did indeed do. In fact the surveyor put a permanent maker in the ground which marks the lot line and I have no problem with that, but by leaving the wooden stakes in the ground on the lot line, that is preventing me from driving up there to do my yard work and that is why I removed them. My neighbor is just being a jerk now that we have allowed him to cut trees on our property so they don't overhang his new fence. Thus I feel we have been used.
 

Happy123

Junior Member
You need to send a certified letter stating your objection to the wooden stakes in the easement/right of way, I would include a copy of the deed. Give him 10 days to remove them or you will. If they are not removed then remove them - place the stakes on the ground next to his set back point (6ft) do not take the stakes as even though it may not seem like an issue the wooden stakes do belong to him and taking them would be stealing. If he replaces them again, you will have to seek out an attorney and take legal action.. Do not remove the metal line markers placed in the ground.

As far as cutting of the trees all you had to do was allow him to cut the branches at the lot line that extend over his property..
 

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