Police Not Honoring My Land Survey, They Told Me to Get

[dharris]

My question involves real estate located in the State of: Tennessee I was told by the police to get a land survey and put up a fence to keep my neighbors dogs off my land, ( wich are killing my cats). so i have paid over $2,000 on a land survey and fencing materials. Yesterday i started putting up part of my fence in my property. i called police because neighbor came in my yard cussing me and they could here the neighbor. police came and told me to remove my fencing and i could not get neighbor for tresspassing. police said he had no way of knowing i did not move the land survey marker pins there. even though i had my plot map in hand that showed pin at my driveway. the police refused to look at my survey map and said i could not press charges on the neighbor if they did nay damageto my fence because i could not prove that it was on my land. Why did they tell me a month befor e to get a land survey and me pay so much money when they would not honor it ???

[jk]

especially given the argument they could not verify the lot line, they had no authority to tell you to remove the fence. The problem: it is difficult for the police to deal with situations such as this as there is no real established lot line and the cop is not going to attempt to read a survey and figure out where it is.

So, put up the fence. If neighbor damages it, plan on suing him in civil court. You might have to have the surveyor come back out and determine if the fence is on your property and make notes to reflect such. Once you have proof of the fence being on your property, winning in civil court should be a slam dunk. Once the surveyor notes the location of the fence, the police should also enforce the property line and any claimed issues based on it.

[dharris]

i do not understand why the police could not look at my existing plot map and see the survey pin locations, because my plot map has items on it such as my house ,carport port building and my driveway showing the corner pin beside my drive way. the neighbors are saying that my driveway is theirs and are now stating they are going to block my driveway. They also have now removed the survey flags and have stated t
hey are going to move the existing axle in the back of my property, wich the surveyor marked as the boundry line. i have got an attorney to send them a letter stating they have 30 days to dispute my survey by having their surveyor contact him. i am just so frustrated and am wondering now how much this will cost me in legal fees, all because the police is not honoring my survey.

[jk]

i do not understand why the police could not look at my existing plot map and see the survey pin locations, because my plot map has items on it such as my house ,carport port building and my driveway showing the corner pin beside my drive way. the neighbors are saying that my driveway is theirs and are now stating they are going to block my driveway. They also have now removed the survey flags and have stated t
hey are going to move the existing axle in the back of my property, wich the surveyor marked as the boundry line. i have got an attorney to send them a letter stating they have 30 days to dispute my survey by having their surveyor contact him. i am just so frustrated and am wondering now how much this will cost me in legal fees, all because the police is not honoring my survey.

because the cops are not surveyors. Only a surveyor can legally discern a lot line. A pin is not always a pin. There can be pins that are not actually corner or line markers and a cop is not trained to figure out what the pin represents.

and an axle is was used to mark a boundary line? Seriously? Maybe the surveyor said the axle is on the line but they are not going to use such an item as a monument.

[dharris]

my original deed says the axle is the boundry marker and my survey i just paid for also lists it as the existing bountry marker. i guess it looks like i will just have to pay my attorney a bunch of money for this.

[jk]

are you talking an axle, like an axle from a vehicle? Something that is easily moved and would be considered scrap and required to be moved under many laws regarding refuse on a person's property?

Maybe I'm misunderstanding what you are referring to.


anyway, a cop isn't going to make the call. Sue the guy in civil court. Seek an injunction to stop his actions. Seek to have his drive removed from your property.

If he damages your property, sue him for the damages.

[trafeng]

JK,

Not a surveyor, but I recall seeing axles used as markers before. Its actually an axle shaft, usually a few feet long and it would have been pounded into the ground just like a stake or pin would.

[jk]

JK,

Not a surveyor, but I recall seeing axles used as markers before. Its actually an axle shaft, usually a few feet long and it would have been pounded into the ground just like a stake or pin would.

Oh, so you are suggesting it was a pin made from an axle. That I can agree with.

Your description makes sense but let's use a piece of pipe instead as an example to explain why I questioned what the OP stated.

While you can have a pin that is made from a piece of pipe, it is no longer a pipe but a pin being described for recognition purposes (3/4" iron pipe 3' long, embedded below ground) to allow a person researching the survey that when he finds a pipe matching the description in the location noted, it is a pin that just happens to be made from a piece of pipe.

As with the OP, (if a similar situation). It's no longer an axle but a pin made from an axle. That is not what the OP appeared to be conveying.


so, having never seen an axle used for a pin, do they leave the flange on it? If so, how is there any accuracy as a typical axle flange is 4+ inches in diameter?

Beyond that. I don't see what he believes he will gain with the scare letter. If he is confident in his location, put up the fence. If the neighbor has a problem with it, the neighbor can sue. If there is damage to the fence, while I really disagree with the cops statement they cannot charge the neighbor with damage to property, the OP would have a civil claim available to him.


and the cops are really wrong. The fact the cops cannot say it isn't on the OP's property and they know it is OP's fence, they can charge the neighbor with damage to the property.

In addition, if the axle used as a pin is actually a surveyors pin, in most states (if not all), it is a crime to remove a surveyors pin. If it is identified as a pin, the neighbor can be charged criminally for the act. If possible, I would suggest positioning a security camera to watch over that pin so if it does disappear or is moved, there is proof of who moved it.

[Newtons_Apple]

JK:

I've seen many axles used as corners, especially by landowners trying to recycle their junkers which they parked "on the back 40." I have absolutely no problem holding an axle for a corner, especially if it was called out in the deed.

Here is an example:



Take note of the dimple in the center - it's likely the spot the surveyor used to place his range pole when locating the axle. If I was being extra fussy locating this corner, I might break out my stick rule and measure intercepts between each flange hole and measure out a "true center" of the pin.

Just for your information, sir.

[jk]

JK:

I've seen many axles used as corners, especially by landowners trying to recycle their junkers which they parked "on the back 40." I have absolutely no problem holding an axle for a corner, especially if it was called out in the deed.

Here is an example:

Take note of the dimple in the center - it's likely the spot the surveyor used to place his range pole when locating the axle. If I was being extra fussy locating this corner, I might break out my stick rule and measure intercepts between each flange hole and measure out a "true center" of the pin.

Just for your information, sir.

I understand and do not disagree with that but the OP said this:

They also have now removed the survey flags and have stated t
hey are going to move the existing axle in the back of my property, wich the surveyor marked as the boundry line.

Now, you tell me; is the OP referring to an axle (shaft) being used as a pin or just an axle that somebody stuck in the ground when they were told where the line was and as such, does coincide with the boundary line? One is legally protected from being removed due to it being a pin and moving it could cause the perpetrator to incur the cost of having it reset. The other would be some form of theft or such where removing it would not cause the perpetrator to be liable for the cost of a surveyor as it was not an official surveyors pin.


and to be honest, when the OP first said axle, I pictured:


and not just an axle, as in just the shaft, which obviously skewed my thoughts on the subject initially.