Is it against the law to remove survey stakes?
· Remember it is illegal to remove survey stakes in the state of Massachusetts. Don't rely on plot plans. Physically mark property lines with fences. A physical barrier prevents unwanted people from ever accessing your property.
How do you Mark A survey line in Massachusetts?
· Land surveyors themselves are supposed to remove any above ground instruments, such as stakes, if they create an unreasonable risk of harm. Unless the landowner gives written permission to leave the stakes, they must be removed within sixty (60) days.
How do I get a stake removed from my property?
Remember it is illegal to remove survey stakes in the state of Massachusetts. Remember, possessors can’t claim your property if they have permission to be there. Can a neighbor remove survey stakes? Yes. Under Section 605 of the California Penal Code it is a misdemeanor to intentionally remove or destroy a permanent survey marker.
Is it a criminal offense to remove Stakes from a fence?
Removing boundary markers can be prosecuted as a criminal offense under Chapter 266, Section 94 of the Massachusetts General Laws. Therefore, you must be very sure that the stakes are entirely on your property. If you are having a dispute with an abutter as to where a property line is located, both parties should have the boundary line or lines surveyed and have the survey …
Can I remove wooden survey stakes in MA?
Can I remove boundary markers and survey stakes? Removing boundary markers can be prosecuted as a criminal offense under Chapter 266, Section 94 of the Massachusetts General Laws. Therefore, you must be very sure that the stakes are entirely on your property.
Is it an Offence to remove survey pegs?
It is an offence under the Cadastral Survey Act 2002 to knowingly or recklessly remove them or alter their positions. You could face a fine if you damage or remove a survey mark. What are my rights? You are entitled to refuse the surveyor entry on to your land.
When should survey stakes be removed?
They should only be removed by the person that paid for them in the first place. Unless they are on YOUR property, it's best to leave them alone. General common law principles of trespass would hold a person liable for removing a surveyor's stakes from someone else's property.
Can you survey a property without permission in MA?
General Laws Chapter 266, Section 94). Also under Massachusetts law, a surveyor is allowed to enter upon your land, with reasonable notice, for purposes of completing a survey. The key to preventing adverse possession is to be proactive regarding your boundary lines and property rights.
Is it illegal to move boundary pegs?
This is an illegal act as legislation governing surveyors sets out that only registered surveyors, or those authorised by a registered surveyor are permitted to install, shift or completely remove a boundary peg.
How do I find my boundary pegs?
Finding your Pegs Start by carefully digging around a corner post. Remember the peg is probably older than you, so be careful not to destroy it or disturb it. Measuring between fences and checking against the plans will provide a good estimation of the accuracy of the fences.
How do I protect my survey markers?
In California, survey monuments can only be referenced and reset by a Professional Land Surveyor or a civil engineer licensed prior to January 1, 1982, with a license number below C 33966.
What does a red survey flag mean?
electric utilitiesRed flags – Red is the most common flag. It signifies electric utilities, such as cables and power lines. These mark the power lines that connect to a neighbor's power grid. Marking these junctions helps avoid a neighborhood-wide power outage.
What is a witness stake?
A mark or stake set to indicate the position (approximate or exact) of a property corner, instrument station, or other survey point.
Can a surveyor trespass in Massachusetts?
G. L. c. 266, § 120C. Essentially, so long as the landowner, his surveyor, or his lawyer, provides reasonable notice to the neighbor, then the surveyor can enter onto the neighbor's land, near the property line, and the entry will not be a trespass.
Can my neighbor build a fence on the property line Massachusetts?
A fence over 7 feet must meet the applicable property setbacks. A fence 7 feet or less in height is allowed to be placed on the owner's property line.
How much does a property survey cost in Massachusetts?
The cost of a full instrument survey can range from $1,000 to $5,000, depending on the property. You can use a land survey for construction, Land Court, and Registry of Deeds plans.
What to do if you have stakes on your land?
If the stakes were on your land, the neighbor trespassed on your land to get them. You may have a cause of action for the trespass. You can call the cops or you can call a lawyer. Sounds like you might need to call a lawyer. Land surveyors themselves are supposed to remove any above ground... 0 found this answer helpful.
What is ORS 209.150?
The answer to your question depends on the circumstances. For example, see ORS 209.150, which places restrictions on moving certain survey monuments. There are other statutes that address monuments and stakes. You should consult a professional.#N#More
What to do if you dispute a property line?
If this cannot be accomplished, then you will need to go Land Court to determine the boundary line.
What is section 120C of the General Laws?
Chapter 266, Section 120C of the General Laws allows surveyors who are surveying an abutting property the right to, after reasonable notice, enter upon the land within a reasonable distance from the property line of the land being surveyed, and such entry shall not be deemed a trespass.
Is it a crime to remove a boundary marker in Massachusetts?
Removing boundary markers can be prosecuted as a criminal offense under Chapter 266, Section 94 of the Massachusetts General Laws.
Can you remove septic stakes?
If the stakes are your own stakes for measuring out where, for instance, a septic system will be located, you are within your rights to remove them . However, if you or anyone working with you will need the stakes to find this location, it would be inadvisable to remove them.
Is it illegal to remove a survey corner?
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 it illegal to remove survey stakes in Massachusetts?
Beside above, is it illegal to remove survey stakes in Massachusetts? Remember it is illegal to remove survey stakes in the state of Massachusetts. Don't rely on plot plans. Physically mark property lines with fences. A physical barrier prevents unwanted people from ever accessing your property.
What is the Massachusetts case law?
Babcock). This case involved a man that decided to cut down some trees that happened to be on his neighbor’s property. At trial, the jury awarded damages to the neighbor when the man could not support his defense of adverse possession.
How long does a claim have to be possessed in Massachusetts?
In Massachusetts, the property being claimed must be possessed continuously for at least 20 years. In addition, claimants must also show: They are the only possessor and have physically entered the property. Possession is open and notorious.
What to do if someone is trespassing on your property?
Post no trespassing signs. Post signs outward to notify people approaching your property to stay out.
How long does it take to file a claim on a property?
The long period required to file a claim (20 years) protects the property owner’s interests. As you can imagine, it is very difficult for someone to live on somebody else’s property for 20 years without the owner taking notice. This gives the property owner plenty of time to eject unwanted possessors.
What happens if someone occupies a property for a long time?
If someone occupies a property for a long time, builds a home and outbuildings, and plants crops, they have invested a lot of time and money into the property. Loss of the property would be a serious blow to these people. Adverse possession laws provide a way for these people to claim the property as their own .
How many years can you add to a claim on a property?
Property owners should also know that subsequent possessors can add years together and make a claim on the property. For example, if one person lived there for 10 years, then a second person lived there for another 10, they can add them together to show 20 years of possession.
Is a property registered with the Land Court exempt from adverse possession?
All properties registered with the Land Court are exempt from adverse possession claims. Adverse Possession laws in Massachusetts were created to protect the rights of property owners and squatters alike. The key to preventing an adverse possession claim is to actively defend your property.
What is trespass in general law?
General common law principles of trespass would hold a person liable for removing a surveyor’s stakes from someone else’s property. If you are the one who paid the surveyor to put the markers on your property, and your use for them is now done, then go ahead and remove them. They do make good kindling!
Is it illegal to move a survey marker?
One question we get asked frequently is: Is it illegal to move a survey marker? Generally, the answer to that question is YES, it is illegal. Only government officials with a permissible purpose, such as a cadastral land resurvey, should remove or alter permanent survey markers. Even a professionally licensed land surveyor will not move or remove survey markers, as it is considered unethical to do so.
Is a survey monument federally owned?
Furthermore, some survey monuments may be federally owned, such as the section corners for the U.S. Public Land Survey System (shown below). Those are actually stamped with the words “UNLAWFUL TO DISTURB.”.
Can a surveyor remove a marker in Wyoming?
Even a professionally licensed land surveyor will not move or remove survey markers, as it is considered unethical to do so. For Wyoming, we refer you to the Wyoming State Statutes & Constitution, Title 6: Crimes and Offenses. 6-3-202. Altering landmarks; penalties.
Can you remove a stake from a survey?
It could also be illegal to remove wooden stakes placed by the surveyor, depending on what the stake is there for. They should only be removed by the person that paid for them in the first place. Unless they are on YOUR property, it’s best to leave them alone.
Henry Repay
There is a specific criminal statute covering this. Inquire with your local state's attorney concerning the removal of the stakes. Beyond that, it sounds like you may have a boundary dispute that could hinge on the past use of the property. I would not get immediately worked up since the burden...
Erik Glen Swanson
It sounds like you have a boundry-line dispute, which may require court action to clear up. You should consult with a real estate attorney to discuss your opinions and determine what the most practical course of action forward is.
