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  1. #1
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    Mar 2009
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    Default Is it Illegal to Remove Surveyor's Rods

    My question involves real estate located in the State of: Texas

    I have reason to believe that my neighbor has removed a capped property marker from our shared front corner. I paid to have this rod set by a licensed land surveyor and it was clearly capped with my surveyor's license number.

    Is it illegal for my neighbor to remove this property marker?

    I have talked with our State Board of Professional Land Surveying and they could not specifically cite the specific law that addresses this issue. I called the local police department, and they also could not cite a specific law.

    Can anyone point me to the exact state law that prohibits the removal of property markers in Texas?

    Thanks!

  2. #2
    Join Date
    Sep 2010
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    19,901

    Default Re: Is it Illegal to Remove Surveyor's Rods

    The surveyor's rod is an antiquated measuring device. In many states it is illegal to move the markers, pins, monuments...but darned if I can find anything in the Texas statutes to that effect.

  3. #3
    Join Date
    Oct 2007
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    Ohio
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    Default Re: Is it Illegal to Remove Surveyor's Rods

    I think that the OP meant another use of the term "rod".

    In every state such removal would be vandalism and that is the term I always recommend be used when reporting such destruction.

    It is true that many states have specific laws preventing removal but the local police sometimes are easily confused and in such situations tend to want to make you deal with it as a civil matter. They cannot say that they do not understand the term "vandalism" and it is your best approach. I recommend it.

  4. #4
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    Default Re: Is it Illegal to Remove Surveyor's Rods

    but the question will come up:

    what proof or even evidence do you have the neighbor did this?

  5. #5
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    Ohio
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    Default Re: Is it Illegal to Remove Surveyor's Rods

    what proof or even evidence do you have the neighbor did this?
    Good point, but who are the usual suspects? It's as simple as Casablanca.

    I'd report it to the police as vandalism, and let them walk next door, knock on the door, and ask if there is any knowledge of the vandalism. They will do that. Let's face it, the neighbor is the only suspect. The surveyor's rebar is worth maybe eight cents as scrap. No one else has an interest.

    Regardless of the answer, which will be a denial, the message has been sent. And the report is in writing.

    That is where we go to the next phase, which is getting the surveyor to come back out and replace the mark, knowing that it might be yanked again. The surveyor will make that very difficult for the neighbor and less expensive for the OP to replace in the future.

    Video surveillance, or the threat of it, basically stops most vandalism of this nature.

  6. #6
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    Jan 2006
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    Default Re: Is it Illegal to Remove Surveyor's Rods

    =LandSurveyor;476714]Good point, but who are the usual suspects? It's as simple as Casablanca.
    logic doesn't work in a courtroom though. While the culprit is easy to logically determine, proving it in court is another story.

    I'd report it to the police as vandalism, and let them walk next door, knock on the door, and ask if there is any knowledge of the vandalism. They will do that. Let's face it, the neighbor is the only suspect. The surveyor's rebar is worth maybe eight cents as scrap. No one else has an interest.
    Maybe somebody collects them as a hobby

    Regardless of the answer, which will be a denial, the message has been sent. And the report is in writing.
    and that does have value.

    That is where we go to the next phase, which is getting the surveyor to come back out and replace the mark, knowing that it might be yanked again. The surveyor will make that very difficult for the neighbor and less expensive for the OP to replace in the future.
    I know as an electrician, I have driven ground rods at least 30 feet deep. I would like to see somebody pull one of them suckers up. Maybe something you guys might want to look into.

    Video surveillance, or the threat of it, basically stops most vandalism of this nature.
    sad to admit that is becoming more of a necessity in todays world.

  7. #7
    Join Date
    Oct 2007
    Location
    Ohio
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    Default Re: Is it Illegal to Remove Surveyor's Rods

    While the culprit is easy to logically determine, proving it in court is another story.
    It's all about avoiding court. A visit from the cops and being required to lie about it might provide a sobering experience. Just hoping for that.

    I have driven ground rods at least 30 feet deep.
    Good work. Having become a ham radio operator in 1968 I can appreciate that. Being well grounded is a good thing!

    When dealing with the cops, vandalism is almost always a good subject. They really do understand it.

    Best of luck to the OP.

  8. #8
    Join Date
    Mar 2009
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    18

    Default Re: Is it Illegal to Remove Surveyor's Rods

    Thanks for all the replys.

    I'm not absolutely sure that the property corner rod has been removed, however, I know where it should be within six inches. A surveyor friend is coming by with a schonstedt to look for it this afternoon. FWIW, I've been quoted $75 by the original surveyor to replace it if necessary - after I install two video cameras (one covert) to catch the culprit if it's removed again.

  9. #9
    Join Date
    Mar 2009
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    Default Re: Is it Illegal to Remove Surveyor's Rods

    A surveyor's helper friend located the property rod and it does not appear to have been moved. It was simply covered with about an inch of soil, perhaps due to the rain.

  10. #10
    Join Date
    Feb 2011
    Location
    Sacramento, CA
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    3

    Default Re: Is it Illegal to Remove Surveyor's Rods

    Quote Quoting Musinix
    View Post
    A surveyor's helper friend located the property rod and it does not appear to have been moved. It was simply covered with about an inch of soil, perhaps due to the rain.
    That sounds familiar. A structural engineer (you would think they would have some brains) more or less told me his expensive surveyor (a friend of mine) never set his corners. I found them all in about 5 minutes and showed them all to him. They were just covered by enough dirt to make it so they don't stand out. Called my friend and related the story to him; he sighed and said we showed him the monuments after we set them.

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