Is It Illegal To Pull Out Survey Markers?

What happens when two surveyors disagree?

You must show legal evidence in order to refute a surveyor’s findings.

If after discussing the problem with the surveyor you still feel it has not been resolved to your satisfaction, there are other avenues that may be pursued.

You can hire a land surveyor of your own choice to perform a separate boundary survey..

Is a survey legally binding?

Since a land survey is legally binding, it can be relied on if anything is ever questioned in a real estate deal, whether by the bank, mortgage company or the local municipality.

How long is a property survey valid for?

2 yearsA plan of survey cannot be lodged with the Registrar General more than 2 years after the date of completion of the survey shown on the Survey Certificate unless it is accompanied by a Certificate of Currency attested to by the surveyor in the approved form.

What to do if survey shows problems?

What are my options?Pull out of the sale. You’re not legally bound to buying the house – your offer is Subject To Contract so if the problems revealed in the survey are too detrimental to the property’s value you can always pull out. … Ask the seller to fix them. … Renegotiate the price.

Can I remove wooden survey stakes?

If they are NOT on your property or if they are on jointly owned property (like boundary survey markers), removing them without agreement is not a good idea. If they are on public property, like on the road right-of-way, then don’t. Punishments vary by state but normally it is considered vandalism.

How much does a staked survey cost?

Land surveys can cost anywhere between $100 and $900, but most average around $500. The cost of a land survey depends on a series of factors such as property size, terrain and geographic location.

How far off the property line should a fence be in Ohio?

ten feetLandowners must now allow access for a neighbor to build or maintain a line fence. The new law grants rights to a neighbor or his or her contractor to enter upon up to ten feet of the adjoining property to construct and maintain a line fence.

How accurate are surveyors?

Your GPS isn’t good enough “People think that they can walk around with a GPS unit and find their property corner in 10 minutes.” Surveyors’ professional-grade GPS systems cost thousands of dollars and are generally accurate within a centimeter. Most consumer-level GPS units are accurate to 15 or 20 feet.

What does a boundary survey look like?

A “Boundary Survey” is used to identify a property’s boundary lines. In this type of survey, the surveyor will set (or recover) the property corners and produce a detailed plat or map. … That way, you would not be paying for a Location Survey for the closing and then having to pay for a Boundary Survey after closing.

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.

How long do you have to use land before it becomes yours?

Minimum time requirements – Before any adverse possession application can be considered you must have been using (or in possession of the land) for at least ten years. If the land is registered with someone else then the minimum time is extended to twelve years.

How land is surveyed?

The ubiquitous tool for a survey is called a theodolite, and it’s one job is to measure the horizontal and vertical angles between points. Combine those angles with distances from a chain or tape measure, and you can triangulate the location of any point using trigonometry.

Is removing survey stakes illegal?

It certainly is in NSW and has penalties and compensation provisions. (1) A person must not remove, damage, destroy, displace, obliterate or deface any survey mark unless authorised to do so by the Surveyor-General. Maximum penalty: 25 penalty units.

Is it illegal to remove a survey marker in Ohio?

Also, pins can be unintentionally removed through building, excavation or farming. However, intentionally relocating survey markers to “change” a property boundary is expressly illegal in Ohio.

Do surveyors make mistakes?

One of the most common surveyor mistakes is a miscalculation of property boundaries. Often, this occurs due to disorganization or a simple mistake. Occasionally, it’s due to a malfunction with the equipment, causing it to relay inaccuracies.

How deep are property markers buried?

Pins may be buried just under the surface, or up to a foot below. A few days before you dig, however, you must call 811, the free, federally designated number that will route you to your local utility company.

What color flags do surveyors use?

Pink flagsPink flags – These are used as temporary survey markings. As surveyors measure, they mark their work with pink flags. Measure twice, cut once, and use plenty of pink flags.

Is it illegal to remove survey stakes in Massachusetts?

Surveyors will mark property lines with stakes. 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.

Should I build my fence on the property line?

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. … You’re more likely to be permitted to build right on the property line in a densely populated area, but it varies.

How close to property line can I build a house?

You need to check with the zoning/building department where you live. In some places, 15 feet is standard. If I remember correctly, 10 feet (perhaps 5 feet) must exist between a building and the property line in some areas. And then, often only if the neighbor whose property is being encroached agrees.

Do squatters have rights in Massachusetts?

A squatter can claim rights to a property after residing there for a certain amount of time. In Massachusetts, it takes 20 years of continuous possession for a squatter to make an adverse possession claim (MA CC 260 § 21). When a squatter makes an adverse possession claim, they can gain legal ownership of the property.