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  1. #1
    Join Date
    Jan 2018
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    1

    Default Neighbor's Survey Stakes are Two Feet Into My Yard Beyond the Boundary Fence

    Texas
    The neighbor next store has begun construction remodel and last week a surveyor came and put stakes w/pink ties 2 feet across the fence into my backyard.
    Also on the back fence they wrapped the pink tie 2 feet into my part of the fence. I have several survey's....for my property the original 1950's survey and the 2004 survey when I purchased. For their property the survey from the previous owner. I know that they plan to install a new fence and I want to make sure it just replaces the old fence and doesn't set a new property line. The survey guys were in a big hurry. Do i need a new survey? Not really into a big legal issue. I don't know the new owner. It's a commercial property next to residential. Any suggestions as to how to approach the subject? It will be my first contact with the new owner. Thank you!

  2. #2
    Join Date
    Nov 2013
    Posts
    7,056

    Default Re: Neighbors Survey Stakes Are 2 Feet into My Yard.across the Fence

    You should have a new survey done. If the new survey confirms either your neighbor's survey or your new survey (or historic surveys) and they don't fix the boundary line, then the two surveyors will have to resolve the differences. If that is not possible, then your only course of action would be to file a quiet title suit in the courts.

  3. #3
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Neighbors Survey Stakes Are 2 Feet into My Yard.across the Fence

    I don’t see where you state all prior surveys that your aware of show the boundary line where your fence is or placing your fence within your property. Is your contention that your fence is on your property based on all prior surveys?


    One other thing you might investigate is whether the stakes with ribbons are actually meant to indicate the actual boundary line. In construction it is not unusual for a marked stake to intentionally be set off the point it is referenced to, especially if the site work would cover the area the action point referenced.

    In other words; if the bulldozer is going to be working where the actual line is, they may have set the stakes some specific amount away from the line so their reference point will not be disturbed when they do the work.

  4. #4
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    Nov 2013
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    7,056

    Default Re: Neighbors Survey Stakes Are 2 Feet into My Yard.across the Fence

    Bulldozer? This is a developed property where they are going to replace the fence.

  5. #5
    Join Date
    Jan 2006
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    38,867

    Default Re: Neighbors Survey Stakes Are 2 Feet into My Yard.across the Fence

    Quote Quoting budwad
    View Post
    Bulldozer? This is a developed property where they are going to replace the fence.
    It was merely to describe why boundary markers are sometimes not on the true line. It would apply to a fence situation as well since work on a boundary fence would disrupt markers placed directly on the boundary line.

    But op also stated this concerns a remodel of a commercial property. I have no idea what scope of work is intended.


    The neighbor next store has begun construction remodel

  6. #6
    Join Date
    Nov 2013
    Posts
    7,056

    Default Re: Neighbors Survey Stakes Are 2 Feet into My Yard.across the Fence

    Take it to the extreme if you must. I doubt this is a site where grading is being done where your scenario might have some relevance. And the survey must stay on the property being graded. It cannot be on an adjacent property.

  7. #7
    Join Date
    Aug 2010
    Location
    Maine
    Posts
    206

    Default Re: Neighbor's Survey Stakes are Two Feet Into My Yard Beyond the Boundary Fence

    As a surveyor, two things bother me about the OP's post. 1, "the surveyors were in a hurry", and stakes were set across an obvious occupation line, the fence.

    I'm not saying that the fence is or isn't the boundary. That's for this surveyor to say. But that's the point. It can be argued that every surveyor in our country has an obligation to do no harm. Too many surveyors set stakes, shrug their shoulders and say "Call an attorney." The field crew rushing off after pounding stakes is a problem. The signing professional, in my opinion, needs to address that problem.

    If I were in the OP's place, I'd be angry that someone came in my yard and pounded stakes. If it were me, I'd call the neighbors surveyor and ask why the stakes are 2 feet from the fence. Specifically, if the stakes are intended to represent the boundary, the question I would ask is "Why is the fence not the best evidence for the location of the line?"

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