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  1. #1
    Join Date
    May 2008
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    4

    Angry Removing Survey Stakes To Put Up Fence

    My question involves real estate located in the State of: Kentucky
    I came home the other day to discover two large corner fence post where the survey stakes used to be. Is This legal without consulting with the other neighbors who own property that ajoins his?

  2. #2
    Join Date
    Jan 2006
    Posts
    27,034

    Default Re: Removing Survey Stakes To Put Up Fence

    Nope because if the posts were exactly where the pins were, part of the fence is not on your side of the property line.

    It is also illegal, in some states, to remove surveryors pins. Haven;t looked for Kentucky. Maybe somebody else will have that info.

  3. #3
    Join Date
    May 2008
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    4

    Default Re: Removing Survey Stakes To Put Up Fence

    These were the metal pins that showed the corner boundries

  4. #4
    Join Date
    Jan 2006
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    27,034

    Default Re: Removing Survey Stakes To Put Up Fence

    ah, ya. That is what I was referring to as well.

    Think of it this way; your property line has absolutely no width. You are either on your property or you are on your neighbors property. There is no line that has any width. The center of the pins are the point of the property line so if he put the posts exactly where the pins were, half of the post is on your property.

    Do you want the posts on your property?
    and then depending on which side he attaches the actual fence, everything except 1/2 of the posts could be on your porperty.

  5. #5
    Join Date
    May 2008
    Posts
    4

    Default Re: Removing Survey Stakes To Put Up Fence

    Does removing the survey pins and replacing them with wooden post mess up the survey? My deed shows surveyer stakes as the boundry, and as I was not here when he put the post in, I dont know if they are in the exact spot or not. I do know that the metal pins are gone however. I also am not real fond of having an electric fence where I am apt to get into it mowing on my side of the fence. Thanks

  6. #6
    Join Date
    Oct 2007
    Location
    Ohio
    Posts
    2,340

    Default Re: Removing Survey Stakes To Put Up Fence

    Quote Quoting freckles41
    View Post
    Does removing the survey pins and replacing them with wooden post mess up the survey? My deed shows surveyer stakes as the boundry, and as I was not here when he put the post in, I dont know if they are in the exact spot or not. I do know that the metal pins are gone however. I also am not real fond of having an electric fence where I am apt to get into it mowing on my side of the fence. Thanks
    Yes, it basically erases part of your survey. Willful removal of boundary survey markers is usually a misdemeanor but I suggest to my clients that they report it as "vandalism" which will not be mistaken by the police for some sort of civil matter.

  7. #7
    Join Date
    May 2008
    Posts
    4

    Unhappy Re: Removing Survey Stakes To Put Up Fence

    The actual fence is on his side of the post. Now I am worried he will take up the other stake that joins our properties. can I keep him from doing this?

  8. #8
    Join Date
    Oct 2007
    Location
    Ohio
    Posts
    2,340

    Default Re: Removing Survey Stakes To Put Up Fence

    Try talking to you neighbor in order to find out what his plans are.

  9. #9
    Join Date
    Jul 2006
    Posts
    5,438

    Default Re: Removing Survey Stakes To Put Up Fence

    "There is no line that has any width."
    --Archimedes

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