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Can My Neighbor Transfer My Property Survey Stakes? Is That Authorized? – jj
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Can My Neighbor Transfer My Property Survey Stakes? Is That Authorized?



Philadelphia attorneys Greg Fellerman and Ed Ciarimboli answer a question from a concerned viewer who had his property survey stakes moved by his neighbor who wants to widen his driveway on the viewer’s property. Can the neighbor do this legally?

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13 Comments

  1. i've bought a home and after looking at the property lines online their fence is a good 4 ft + on my property. What can i do? This fence has been there before i bought the home so i don't know if there was a verbal agreement with the previous owner for this or what

  2. I have this issue. I will cost me more to take my neighbor to court than to hire a surveyor and add to my chain link fence. Why is this so ? My neighbor without my consent removed my chain link fence 30?feet along with post to bring in bulldozer and grader in a residential single family home to build s drench and grade a 4 ft of my land without asking while I was gone. The cops did.nothing. Now I see he put up a stake . How do You win in a case like this. The cops said that if I didn’t tell him he couldn’t trespass then he could, Tn is where I am. That’s ignorant. It’s a class c misdemeanor. Again it’s to much to go to court. Serve injunction papers on him just for his Airbnb in a residential neighborhood

  3. In Arizona – Maricopa County you have 10 years to challenge an encroachment. After that you have to send out a notice to the culprit informing him that you will collect damages the moment he sells his property. You will collect under the law.

  4. ???? Wondering what to do. Our neighbor is building a house. He has easement rights to get to his property from us and the neighbor on the other side. This last spring he doubled the size of easement with agrigate and cut down limbs. Property stakes show the widened drive is on our property and threw large Kim's on our land without cleaning it up…rude. Homes our on wooded lots and we are on top of large hills. So this weekend, nearing winter, they added more aggregate …..but they dug (by tractor)out a section on our land to make a drainage system….added boulders rock and stone on our land…about a 15 by 12 feet going into our land. Property stakes right there where he did it. I'm sure next year they will pour a driveway. I'm shocked. I don't think this is legal.

  5. They act like it's easy to come up with 5k like in my County just to file. And haven't they heard of narcissists and sociopaths for who this behavior is not uncommon. They take risks, they really don't care, and often win at doing the wrong thing.

  6. Poorly worded and argued. Say owner A has a survey done. Stakes are now 10 feet over the fence line on owner B's property (per the fence line). Can owner B remove the stakes? In Utah, the law is that if the fence has been there for over 20 years, the fence line is the boundary line and the stakes only indicate survey lines (see Ut Supreme Court ruling 2016 UT 22). Can owner B remove the stakes, since they are 10 feet inside his legal property boundary (the long established fence line)?

    Let's make it even more interesting – say owner A now wants to remove the old fence to build a new one where the survey stakes have been placed. Obviously he cannot do this without breaking the law per the above cited UT Supreme Court ruling, however does owner B have any recourse to prohibit owner A from fiddling with the existing fence line before they begin removing or otherwise destroying the old fence

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