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  1. #1
    Join Date
    Aug 2020
    Location
    Oregon
    Posts
    1

    Angry Neighbor Dug Up Surveyor Corner Marker Rod, What Are Consequences of This

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

    Bully of a neighbor, attempting to prevent the sale of our property, has dug out the surveyor corner marker rod and threatened to do so again when replaced. Local police told me that they can't do anything about it as she did not threaten with a weapon. She just made a public spectacle of herself screaming at the top of her lungs until the young men picked up their surveying tools and left.

    This does not make sense to me- I am hoping someone here will have a better answer!

    Isn't it a crime to remove property that was clearly paid for by the owner who has clear title and has been paying taxes, fees, etc. for years? We have tried to talk with her since March of this year but she is happier screaming obscenities and throwing her old appliances onto our property line.

    Does Texas at least understand vandalism to the point of consequences?

    Thank you!

  2. #2
    Join Date
    Mar 2013
    Posts
    18,176

    Default Re: Neighbor Dug Up Surveyor Corner Marker Rod, What Are Consequences of This

    You can go to court and seek and injunction or restraining order.

    Or sue her for private nuisance or tortious interference.

    The removal of the marker rod is certainly a crime but since it's a minor one the criminal justice system is not going to get involved in neighbor squabbles until there is violence.

    Unfortunately, you will need to incur the expense of a lawyer and a lawsuit.

    Sorry.

  3. #3
    Join Date
    Oct 2007
    Location
    Ohio
    Posts
    2,586

    Default Re: Neighbor Dug Up Surveyor Corner Marker Rod, What Are Consequences of This

    We dealt with this a while back.....

    https://www.expertlaw.com/forums/sho...d.php?t=111583

    If actually removed (not just the cap) it's theft of your property and vandalism with the theft amount reported being the cost of the the survey.

    The police just blew you off. What if your neighbor broke your windows without the threat of a weapon?
    Resistance is not futile; it is voltage divided by current.

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