Asked by: Boni Borges
business and finance real estate industry

Is it against the law to remove survey markers?

Last Updated: 13th December, 2021

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It's illegal to remove or alter permanent survey markers in some states, including California, but penalties vary. Only licensed surveyors and government officials with a permissible purpose, such as a land resurvey, should remove or alter permanent survey markers.

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Just so, is it against the law to remove survey stakes?

It is illegal in most states to remove survey corner points. It could also be illegal to remove wooden stakes placed by the surveyor, if the person that removes them is not the one that paid for them in the first place.

is a survey legally binding? The drawing of the boundaries is a legally binding document. The surveyors must comply with state rules and regulations about defining property lines and detailing parcels of land.

Hereof, is it against the law to remove a property line marker?

Section 14-111 of the Real Property Code makes it a criminal misdemeanor for any person to willfully obliterate, damage or remove any marker or other landmark set in the property of another person by any civil engineer, surveyor or real estate appraiser or any of their assistants.

Do surveyors have the right to trespass?

These laws are known as right of entry laws. There is no common law right for surveyors to enter property to perform surveying services. Consequently, without statutory protection, surveyors may be liable for civil or criminal trespass if they enter onto property without permission.

Related Question Answers

Farwa Kleebaur

Professional

Can you remove a survey marker?

You Can't Move Markers
It's illegal to remove or alter permanent survey markers in some states, including California, but penalties vary. Only licensed surveyors and government officials with a permissible purpose, such as a land resurvey, should remove or alter permanent survey markers.

Naihara Peiper

Professional

Can I tear down my neighbor's fence on my property?

I will answer both ways. If your survey shows your neighbor installed his fence 2 feet inside your property line, he is trespassing. If you can prove the neighbor installed the fence on your property without your permission, the court should be able to issue an order forcing the fence to be removed.

Jami Pawluk

Professional

How long are property stakes?

Property pins are typically 30” long pieces of ½” – 5/8 ” rebar that are driven into the ground. They are capped with a colored plastic cap that has the name of the surveyor on them. The top of the cap should be at ground level; however, over time they may get pushed underground.

Regulo Mourosso

Explainer

How do I find my property survey markers?

Property markers are typically 14.5 feet in from the curb. Go to your front curb and measure back about 14.5 feet in the area you think your marker should be. Use a metal detector and then start digging. The marker should be about 6-10 inches below the surface.

Luminita Baboshkin

Explainer

What are survey points?

Survey markers, also called survey marks, survey monuments, survey benchmarks or geodetic marks, are objects placed to mark key survey points on the Earth's surface. They are used in geodetic and land surveying.

Denver Goedert

Pundit

Can you move a survey stake?

For a property owner to move the stake is not a big deal. Moving the actual corner is and can, in some states, be considered a misdemeanor. Call the company that did the survey and be certain they still offer land surveying services. Yes.

Ashok Messaoudi

Pundit

Are land surveys public record?

A property survey is a drawn record of the boundaries, orientation and easements associated with a lot of land. Even if you did not receive a home purchase surveysurveys are not mandatory in every state — the county clerk, local tax assessor or engineering department may hold a survey or land map on record.

Carima Abdrahmanov

Pundit

How do I dispute a neighbor's property line?

Dealing with a Property Line Dispute: Don't Fence Me In (or Out)
  1. Stay civil. Don't use this disagreement to vent months or years of anger at your neighbor.
  2. Hire a surveyor.
  3. Check your community's laws.
  4. Try to reach a neighbor-to-neighbor agreement.
  5. Use a mediator.
  6. Have your attorney send a letter.
  7. File a lawsuit.

Doua Olea

Pundit

Are land surveys ever wrong?

Homeowners, contractors, business owners, architects and more all depend on land surveyors when buying or selling property or beginning a construction project. Surveys that are incorrect could lead to faulty or misplaced construction, which can be an incredibly expensive fix.

Neus Cortecero

Teacher

How do I find my property line pins?

Locate a Hidden Survey Pin
Survey pins are thin iron bars, two to three feet long and sometimes capped with plastic, which the original survey crew inserted on the property lines. If you have access to a metal detector, move the device over the ground along the sidewalk to the curb to locate the survey pin.

Huertas Subrata

Teacher

How close can a fence be to property line?

Check Rules and Regulations
Your jurisdiction may have laws about how far back a fence needs to be set on your property, which is typically 2, 4, 6 or 8 inches from the property line. Other areas will allow you to go right up to the property line.

Chistopher Arderios

Teacher

Ioannis Poryadin

Supporter

What is land survey report?

A real property survey report is a legal document that clearly indicates the location of all improvements relative to a property's boundaries. A real property survey report generally contains an illustration of the physical features of the property and a written report detailing the surveyor's opinions and concerns.

Dahane Absattarov

Beginner

What happens if a surveyor makes a mistake?

If your surveyor has made a mistake then we would recommend that you seek immediate legal advice from a specialist solicitor. The solicitor will need to consider whether the mistake is likely to amount to 'negligence' in the strict legal sense of the word and what financial loss can be recovered.

Sirine Wienkopp

Beginner

How do you do a boundary survey?

Standard procedure for a boundary survey
The boundary survey begins with a boundary or cadastral surveyor measuring, marking, and mapping the boundary lines of land ownership. The surveyor then thoroughly examines the historical records relating to the property being purchased as well as the lands surrounding it.

Naema Haberberg

Beginner

How do you know if a property is legal?

How To Check If Your Property Is Legally Verified?
  1. Check for the title papers. A property should have a clear title, without any dispute.
  2. Ask for bank approvals. If you are getting your home financed from the bank, your half work is already done.
  3. Encumbrance certificate.
  4. Tally the approved plan with actual site.
  5. Check out property tax slips.
  6. Project has a registered society.

Walther Abletsoff

Beginner

Can a surveyor come on my property?

As it turns out, that surveyor either has a clear legal right to your property or is trespassing. LAW § 9-105, stating that "the land surveyor and authorized agents or employees of any such land surveyor may enter upon or cross any lands necessary to perform surveying services."

Ousama Havet

Beginner

Can a utility company come on my property?

The typical utility easement allows the utility provider, be they electric, water, gas, cable, etc., to come onto a property to install or maintain their physical infrastructure. Regardless, the utility company didn't run their services until they had guaranteed themselves an easement.