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Picture of DrDan
posted
Before I begin, I know the correct answer is to hire a licensed surveyor for my property, but here is a situation I don't really understand. Hoping someone might be able to shed some light on what might be going on.

Back during COVID times, the spousal unit and I used the COVID check from the tax-payers to buy some property we could play on, since everything else was locked down. The property, now two lots, are in a platted subdivision that, until recently, was very sparsely developed. We own two lots on the same street, but across the road and a couple of lot spaces apart.

Here is the short form of the situation that puzzles me. When we first bought our property, I downloaded from the county tax appraiser's office the plat of the subdivision and located our lots. Using that, I was able to locate what I am nearly certain are the original boundary markers (platted circa 1980) of the lots, even one permanent reference marker. I located and exposed close to a dozen markers, making them plain as day. A few months later, someone buried all the markers and put something akin to a surveying stake, painted orange, etc in a pattern resembling lot boundary markers. The trouble is, the stakes were at least 20' off the boundary markers, and well into county right-of-way of the road. At the time I assumed a real estate agent put those there to attract attention to listings, or something. I didn't get concerned, since the affected lots weren't mine and were not adjacent to mine. Fast forward to last week. The lots adjacent to one of mine recently sold, and I happened to be at my lot when the new owners arrived to inspect their property. At the same time, a contractor showed up to give a bid on clearing the lots for the new owners. I pointed out the exposed boundary marker between our respective lots, and had a nice discussion with them. Now, a week later, I came to my property and there are surveyor stakes delineating the property corners of my neighbor's lots, but, you guessed it, set about 20' onto my side of the boundary markers, and one well within the county right-of-way. I took a picture of the stakes and markings, looked it up on the web, and they are prototypical property corner markers set out by surveyors. Whats more, they even placed a pink flag at the boundary marker I had exposed, indicating they saw it.

What the heck is going on? I can't imagine an actual surveyor being so incompetent. According to a friend that is a retired licensed surveyor, the original platted markers should govern any dispute on locations. How could a surveyor be so far off? Maybe it's the contractor, but what advantage would he get by being so far off? It's nuts.

Specific questions, if anyone knows the answer:

1) Are surveyors required to mark their work with an identifier as to who did it? I found some other surveyor markers that had a number on it that identified the company that placed the markers, so one could at least call them with any questions.

2) Would it not be unusual for a real estate agent or contractor to put up their own survey stakes for a property boundary? Layout within a job site is one thing, property boundaries would be different, I suspect.

3) Is it legal to remove a stake that is not marked? I know it is illegal to mess with actual surveyor markings, but how can one tell the difference between some stake driven into the ground and one put by a surveyor?

For now, until I can get a survey done, I put up a corner fence of bright orange snow fence (yeah, kinda funny in FL), beginning at the platted boundary marker so at least no one can claim "they didn't see it." I also put up no trespassing signs with my phone number on it so a legitimate contractor might notice the discrepancy in boundaries and call me before they encroach on my property. Most likely sloppy work and an innocent mistake, but I rather address it now, rather than find my lot cleared and have to deal with the aftermath.

Thanks in advance.




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Posts: 5256 | Location: Florida | Registered: August 16, 2009Reply With QuoteReport This Post
Hop head
Picture of lyman
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cannot say on the legality of moving stakes, however I have seen it done, in my neighborhood and another I own a house on,

FWIW, I have a neighbor behind me that decided there were too many trees near his backyard and garden and started removing them,

fortunately,for both of us, he only removed one tree that was partially on my land,

however he removed 15 or more that was on the guy next to me property

we hired a surveyor to come out and find our original pins or property stakes (Basically rebar driven flush in the ground)

we, the next door neighbor, and I are the original owners, as in we built here, the guy behind is the 2nd or 3rd owner,

he claimed innocence, and no idea if he had a clue or not, however the tree that was on the line likely was on the neighbor's side 22 yrs ago, by a hair, so it did not bother me,

he did replace trees, (which is a bit of a joke) for the neighbor,


the cost was actually cheap, like $400, and the 'new' neighbor footed the bill , since he was at fault,

also, we are in a big lot (for the area) subdivision, neighbor is about 2 acres, I am at 3.25 or so, buttwipe behind is 22 acres,

can't speak for the rest, but I walk my line (back half is densely wooded) a few times a year to see what is what



https://chandlersfirearms.com/chesterfield-armament/
 
Posts: 11376 | Location: Beach VA,not VA Beach | Registered: July 17, 2007Reply With QuoteReport This Post
Just because you can,
doesn't mean you should
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I'm not a surveyor so take this for what it's worth.
The GPS based maps have had what I'd call drift in some areas. That's among the reason anyone doing what you're describing needs to get a competent and licensed surveyor to do a new survey before building or even buying a property.
Maybe go to your county planning office and show them what you have and ask to see the survey they have from when the lots were laid out.


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Posts: 10730 | Location: NE GA | Registered: August 22, 2002Reply With QuoteReport This Post
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Go to town/county zoning/planning officer (whichever has jurisdiction over your parcels). Ask who they recommend using as a surveyor. Hire said and have your lots surveyed and surveys recorded. He/she will verify original pins and if locations are correct.


____________
Pace
 
Posts: 1537 | Location: in the PA woods | Registered: March 11, 2013Reply With QuoteReport This Post
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Picture of SPWAMike0317
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Based on personal experience with property I own and property owned by my Sportsmen's club, hire a licensed and registered surveyor. In the case of my Sportsmen's club, a corner pin of the property was 20' off the mark shown on county maps. The additional 20' was in our favor. The survey cost the club about $1000 four years ago. It was worth every penny.



Let me help you out. Which way did you come in?
 
Posts: 946 | Location: North of Pittsburgh, PA | Registered: January 29, 2013Reply With QuoteReport This Post
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If your property is financed by a lender, contact them, and if you can find out the lender on your new neighbor's property- let each of them know what's going on. Before you hire a surveyor.

Sig2392- later post- is probably right. They are probably construction off-sets 20' from the actual corner, to be able to re-etablish your corners if/when they get knocked out during construction. I was a party chief back in the 80's, turned a bunch of angles.

This message has been edited. Last edited by: MRBTX,
 
Posts: 3856 | Location: Texas Hill Country | Registered: July 24, 2009Reply With QuoteReport This Post
Hop head
Picture of lyman
posted Hide Post
quote:
Originally posted by DrDan:
Before I begin, I know the correct answer is to hire a licensed surveyor for my property, but here is a situation I don't really understand. Hoping someone might be able to shed some light on what might be going on.

Back during COVID times, the spousal unit and I used the COVID check from the tax-payers to buy some property we could play on, since everything else was locked down. The property, now two lots, are in a platted subdivision that, until recently, was very sparsely developed. We own two lots on the same street, but across the road and a couple of lot spaces apart.

Here is the short form of the situation that puzzles me. When we first bought our property, I downloaded from the county tax appraiser's office the plat of the subdivision and located our lots. Using that, I was able to locate what I am nearly certain are the original boundary markers (platted circa 1980) of the lots, even one permanent reference marker. I located and exposed close to a dozen markers, making them plain as day. A few months later, someone buried all the markers and put something akin to a surveying stake, painted orange, etc in a pattern resembling lot boundary markers. The trouble is, the stakes were at least 20' off the boundary markers, and well into county right-of-way of the road. At the time I assumed a real estate agent put those there to attract attention to listings, or something. I didn't get concerned, since the affected lots weren't mine and were not adjacent to mine. Fast forward to last week. The lots adjacent to one of mine recently sold, and I happened to be at my lot when the new owners arrived to inspect their property. At the same time, a contractor showed up to give a bid on clearing the lots for the new owners. I pointed out the exposed boundary marker between our respective lots, and had a nice discussion with them. Now, a week later, I came to my property and there are surveyor stakes delineating the property corners of my neighbor's lots, but, you guessed it, set about 20' onto my side of the boundary markers, and one well within the county right-of-way. I took a picture of the stakes and markings, looked it up on the web, and they are prototypical property corner markers set out by surveyors. Whats more, they even placed a pink flag at the boundary marker I had exposed, indicating they saw it.

What the heck is going on? I can't imagine an actual surveyor being so incompetent. According to a friend that is a retired licensed surveyor, the original platted markers should govern any dispute on locations. How could a surveyor be so far off? Maybe it's the contractor, but what advantage would he get by being so far off? It's nuts.

Specific questions, if anyone knows the answer:

1) Are surveyors required to mark their work with an identifier as to who did it? I found some other surveyor markers that had a number on it that identified the company that placed the markers, so one could at least call them with any questions.

2) Would it not be unusual for a real estate agent or contractor to put up their own survey stakes for a property boundary? Layout within a job site is one thing, property boundaries would be different, I suspect.

3) Is it legal to remove a stake that is not marked? I know it is illegal to mess with actual surveyor markings, but how can one tell the difference between some stake driven into the ground and one put by a surveyor?

For now, until I can get a survey done, I put up a corner fence of bright orange snow fence (yeah, kinda funny in FL), beginning at the platted boundary marker so at least no one can claim "they didn't see it." I also put up no trespassing signs with my phone number on it so a legitimate contractor might notice the discrepancy in boundaries and call me before they encroach on my property. Most likely sloppy work and an innocent mistake, but I rather address it now, rather than find my lot cleared and have to deal with the aftermath.

Thanks in advance.



realized I did not answer #1 or #2, ,

and I am not a surveyor, just a property owner,


#1, none of the properties I own or have owned had marks on the stakes, most were rebar as mentioned, with a piece of pink or orange tape tied to the top

the few wood stakes simply had a code or # and an arrow pointing, ( they were never there long, and on my current property, I think they were markers for designated wetland etc (i have a small stream on the back side of the property))

however, we did get a surveyor's plot, with pin locations and a layout of where the house and driveway are, and it was recorded at the courthouse



#2 never seen that happen, and FWIW the last 2 houses we owned we built, and it was done as in #1



https://chandlersfirearms.com/chesterfield-armament/
 
Posts: 11376 | Location: Beach VA,not VA Beach | Registered: July 17, 2007Reply With QuoteReport This Post
Needs a check up
from the neck up
Picture of Timdogg6
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you got mail


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Posts: 5412 | Location: Boca Raton, FL | Registered: July 30, 2002Reply With QuoteReport This Post
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During construction, it can be common to put in stakes as reference marks.

I just did that when I put in my addition.

The survey marked the boundary, I placed stakes to mark the setback and more stakes to locate the place to put the forms to pour the foundation and locate the steps.

20 ft is a common set back.
 
Posts: 5086 | Registered: February 15, 2004Reply With QuoteReport This Post
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Picture of DrDan
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quote:
Originally posted by Timdogg6:
you got mail


Replied, thanks!




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Posts: 5256 | Location: Florida | Registered: August 16, 2009Reply With QuoteReport This Post
safe & sound
Picture of a1abdj
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My county has an elected surveyor who's responsible for maintaining all of the historic surveys and also conducting surveying work for the county itself. A previous surveyor passed while in office, and I had the opportunity to interview the parties seeking to replace him.

It was one of the most unexpected fascinating things I've ever been involved with.

One of them specialized in testifying in court cases involving boundary disputes. He explained that at minimum 50% to 70% of surveys in our county were inaccurate based on original markers being moved or eliminated. He also brought in a photo collection to show us some examples.

One set showed a boundary between two farm fields. Each had been owned by generations of family members, and were separated by a very old fence and tree line. One of those fields was going to be sold to a developer, and when the survey crews marked the line, it ran completely parallel to, but 20 feet to the side of that fence and trees. He posed the question: Which do you think is the correct line? The one that's been there for 150 years, or the one the surveyors marked?

He said that the problem stemmed from a "rock" used as a marker, which would have originally sat in the middle of a modern two lane paved road that now exists. Because that rock was moved/buried during the road construction, a "guess" was made as to roughly where it would have been resulting in the 20' error.

Moral of the story, even professional surveys can be inaccurate. You may need somebody with the ability to dig through all of the previous surveys to check for inaccuracies which set future errors into motion.


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Posts: 16274 | Location: St. Charles, MO, USA | Registered: September 22, 2003Reply With QuoteReport This Post
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quote:
Originally posted by a1abdj:

You may need somebody with the ability to dig through all of the previous surveys to check for inaccuracies which set future errors into motion.


This would be an ALTA survey. They can get a little pricey but would alleviate any discrepancies. Very thorough. Reviews any past surveys, land development, easements, encroachments, encumbrance, etc., and then plots boundaries. (retired property developer)


____________
Pace
 
Posts: 1537 | Location: in the PA woods | Registered: March 11, 2013Reply With QuoteReport This Post
Corgis Rock
Picture of Icabod
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Our last house was on a steep street. The developer built stone walls on the property line to support the slopes. Later I landscaped and putting a 4 foot wall and back filled. (The county limited the wall height).
The empty lot was owned by an AH. He owned another house in the development. He refused to pay the HOA dues as he hadn’t built yet. The board told him they’d apply his payments for his house to the empty lot.
When he decided to build he stock a rebar next to my landscaped wall and claimed it. I took him out, showed him the property marker in the street, then the marker for the corner lot. Finally I told him to explain his 45° turn. That shut him up.



“ The work of destruction is quick, easy and exhilarating; the work of creation is slow, laborious and dull.
 
Posts: 6112 | Location: Outside Seattle | Registered: November 29, 2010Reply With QuoteReport This Post
Corgis Rock
Picture of Icabod
posted Hide Post
quote:
Originally posted by a1abdj:
“He said that the problem stemmed from a "rock" used as a marker, which would have originally sat in the middle of a modern two lane paved road that now exists. Because that rock was moved/buried during the road construction, a "guess" was made as to roughly where it would have been resulting in the 20' error.”
.

My grandparents built a summer camp in the 1930s. One day he took me out to see the property line. It was on a hill and across the lake. The marker was and odd shaped stone, along a fence line, across the lake and then the right side of a dirt road!



“ The work of destruction is quick, easy and exhilarating; the work of creation is slow, laborious and dull.
 
Posts: 6112 | Location: Outside Seattle | Registered: November 29, 2010Reply With QuoteReport This Post
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My front two property line markers are in the center of the street in front of the house.
 
Posts: 1631 | Registered: November 07, 2013Reply With QuoteReport This Post
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quote:
Originally posted by oldbill123:
My front two property line markers are in the center of the street in front of the house.


Yea, mine too. Always thought about putting up a toll gate but apparently, that's illegal. Razz


____________
Pace
 
Posts: 1537 | Location: in the PA woods | Registered: March 11, 2013Reply With QuoteReport This Post
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Surveyors are not required to mark any boundary identifying objects. It’s usually just a piece of rebar, maybe with a plastic cap, or an X inscribed into concrete.


No one's life, liberty or property is safe while the legislature is in session.- Mark Twain
 
Posts: 3895 | Location: TX | Registered: October 08, 2005Reply With QuoteReport This Post
Green grass and
high tides
Picture of old rugged cross
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County maps are notoriously off. Especially if you are looking online. They do not care.



"Practice like you want to play in the game"
 
Posts: 21572 | Registered: September 21, 2005Reply With QuoteReport This Post
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