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  1. #1
    Join Date
    Oct 2009
    Posts
    1

    Default Neighbor Pulled Property Marker Twice

    My question involves real estate located in the State of: Maryland, Montgomery County. Neighbor insists that part of our property is theirs, refuses to believe the surveyors marks and has pulled one marker up. They paid to have it resurveyed and since the marker was missing the surveyor used angles to redetermine its location. The new marker was approx 4 feet onto their property. They pulled the marker again. We want to use our property to park a second car but they keep blocking the space off with rocks from our property. We are considering a restraining order but I really doubt this will stop them. We are also putting up a no trespassing sign and will call the cops if they come onto our property but again, don't think this will deter them. Mediation was scheduled but the neighbors cancelled it. There is also a language issue involving an extended family member of the neighbor. Are there any other means/suggestions of resolving this.

  2. #2
    Join Date
    Oct 2007
    Location
    Ohio
    Posts
    2,592

    Default Re: Neighbor Pulled Property Marker Twice

    The new marker was approx 4 feet onto their property.
    Do you mean that it was four feet onto property they claimed, or actually four feet onto their actual property?

    My suggestion would be to have the marker replaced, and ask the surveyor to place a subsurface mark underneath the one which your neighbor will pull out again. Hopefully you get it on camera or video, or get some witnesses. Call the police and report it as "vandalism". Do not tell the police it is a property spat, trespassing or use any other term than vandalism. The police will just tell you it is a civil matter otherwise and blow it off. Vandalism is a criminal issue and that is what you want your neighbor to have to deal with.

  3. #3
    Join Date
    Dec 2008
    Location
    El Dorado County, CA
    Posts
    395

    Default Re: Neighbor Pulled Property Marker Twice

    Also ask your surveyor if MD has any laws specific to survey monument destruction. My state has one that classifies the malicious destruction of a survey monument as a misdemeanor. So if it happened here, you could charge them with one count of each, vandalism and malicious monument destruction.

    I agree with LS, have your surveyor reset the monument, with one mark at the surface, and another subsurface, or other reference points to the property corner at the surface which are less conspicuous than the corner itself.

    A game trail camera, like the ones used to photograph wildlife and activated by motion sensor might be a useful thing to invest in. Check your local sporting goods store, Cabelas, or Bass Pro Shops for something like that.

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