• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Property Line and Marker Dispute

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

C

cwduck

Guest
What is the name of your state? Washington

We bought a brand new home 3.5 yrs ago, we also put up a fence about 1 foot on our property because the property line is a large rockery between us and our neighbors. Our neighbor bugged us about putting up his own fence and connecting to ours. We said no as he would be fencing in part of our property which would eventually become his (perscriptive easement) and it would block some of our view. He apparently harbored some anger as he pestered us yearly about it, each time we said no. A few months ago I was maintaining the strip between our fence and his property and he verbally threatened me to get off his property as he thinks he owns most of the strip up to the fence. There are white markers that have been there since we moved in that the neighbor thinks are the property line. We discovered they are not when we started researching this issue and got a metal detector and found we have no permanent markers on any corner of our property.
Our neighbor started building a fence anyway today and is planning on putting the fence on top of the rockery next to ours. We are afraid he is going to build on our property. We contacted both the surveyor and builder. The both originally took responsibilty and then backed out of having the markers set after several weeks each of giving the run around.
My questions are: Does the surveyor or builder have any legal responsibility to the existence of the permanent markers. We are the first and only owners of this house and had we known this would be an issue, we would have made sure they were placed at the time of purchase. Is it relalistic to expect a home ower to pull out a metal detector upon signing and search the property corners? We obviously didn't move them because the white temporary markers are still there today.
Secondly, since we already have a fence, can we demand that the fence not be on the property line but to their side of it? If he does put it on the property line, does it become our fence as well? Thank you!
 


HomeGuru

Senior Member
cwduck said:
What is the name of your state? Washington

We bought a brand new home 3.5 yrs ago, we also put up a fence about 1 foot on our property because the property line is a large rockery between us and our neighbors. Our neighbor bugged us about putting up his own fence and connecting to ours. We said no as he would be fencing in part of our property which would eventually become his (perscriptive easement) and it would block some of our view. He apparently harbored some anger as he pestered us yearly about it, each time we said no. A few months ago I was maintaining the strip between our fence and his property and he verbally threatened me to get off his property as he thinks he owns most of the strip up to the fence. There are white markers that have been there since we moved in that the neighbor thinks are the property line. We discovered they are not when we started researching this issue and got a metal detector and found we have no permanent markers on any corner of our property.
Our neighbor started building a fence anyway today and is planning on putting the fence on top of the rockery next to ours. We are afraid he is going to build on our property. We contacted both the surveyor and builder. The both originally took responsibilty and then backed out of having the markers set after several weeks each of giving the run around.
My questions are: Does the surveyor or builder have any legal responsibility to the existence of the permanent markers.

**A: no only to insure that the survey was correct and the stakes in the correct demark area.
*************


We are the first and only owners of this house and had we known this would be an issue, we would have made sure they were placed at the time of purchase. Is it relalistic to expect a home ower to pull out a metal detector upon signing and search the property corners?
**A: no but you need to now hire your own sureyor.
**********



We obviously didn't move them because the white temporary markers are still there today.
Secondly, since we already have a fence, can we demand that the fence not be on the property line but to their side of it?


**A: No.
********
If he does put it on the property line, does it become our fence as well? Thank you!

**A: yes.
 
C

cwduck

Guest
State- Washington

To complicate the above matters, today our neighbor is digging out his front yard and filling it in along the rockery that is between our two yards. Our yard is several feet above his in the back and about 6 inches in the front with a large rockery separating the two yards. I suspect he is trying to avoid having to get a permit to have a fence above 6 feet by filling in his yard a foot or two at the low end. My fear is that his newly raised yard will drain back into our yard. Is this illegal to start raising the level of your yard without a permit? Thanks!
 
W

webfire76

Guest
markers

There are to be iron pin markers placed at corners of the property lines by the surveyor. To remove an iron marker denoting property lines is considered a federal offense as well as a state offense in virginia. No one but a duly authorized agent (surveyor) can remove an iron marker pin. If the surveyor did not set pins. I would suggest contacting the zoning office of your area and complaining. Then call your local newspaper and talk to a reporter about the surveyor. The paper will contact the surveror for their side of the story. If the surveyor does not get the hint to get something done, contac t a lawyer and have them send a letter to the surveyor. The other thing you can do is get a lawyer and file an injuction against the neighbor until things are settled regarding the property line and why there are no iron marker pins under the markers. (maybe the markers are set wrong, the surveyor never planted them, or your neighbor removed them?)
 
W

webfire76

Guest
markers

There are to be iron pin markers placed at corners of the property lines by the surveyor. To remove an iron marker denoting property lines is considered a federal offense as well as a state offense in virginia. No one but a duly authorized agent (surveyor) can remove an iron marker pin. If the surveyor did not set pins. I would suggest contacting the zoning office of your area and complaining. Then call your local newspaper and talk to a reporter about the surveyor. The paper will contact the surveror for their side of the story. If the surveyor does not get the hint to get something done, contac t a lawyer and have them send a letter to the surveyor. The other thing you can do is get a lawyer and file an injuction against the neighbor until things are settled regarding the property line and why there are no iron marker pins under the markers. (maybe the markers are set wrong, the surveyor never planted them, or your neighbor removed them?)

Not a Lawyer.... Just been there....
 

HomeGuru

Senior Member
cwduck said:
State- Washington

To complicate the above matters, today our neighbor is digging out his front yard and filling it in along the rockery that is between our two yards. Our yard is several feet above his in the back and about 6 inches in the front with a large rockery separating the two yards. I suspect he is trying to avoid having to get a permit to have a fence above 6 feet by filling in his yard a foot or two at the low end. My fear is that his newly raised yard will drain back into our yard. Is this illegal to start raising the level of your yard without a permit? Thanks!

**A: check with your local building department residential grading section.
It is illegal for your neighbor to drain anything onto your property.
 

HomeGuru

Senior Member
Re: markers

webfire76 said:
There are to be iron pin markers placed at corners of the property lines by the surveyor. To remove an iron marker denoting property lines is considered a federal offense as well as a state offense in virginia. No one but a duly authorized agent (surveyor) can remove an iron marker pin. If the surveyor did not set pins. I would suggest contacting the zoning office of your area and complaining. Then call your local newspaper and talk to a reporter about the surveyor. The paper will contact the surveror for their side of the story. If the surveyor does not get the hint to get something done, contac t a lawyer and have them send a letter to the surveyor. The other thing you can do is get a lawyer and file an injuction against the neighbor until things are settled regarding the property line and why there are no iron marker pins under the markers. (maybe the markers are set wrong, the surveyor never planted them, or your neighbor removed them?)

Not a Lawyer.... Just been there....

**A: please post the Federal law that supposts your statement that it is a Federal offense to remove survey pins.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top