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Thread: Neighbor removed the old survey pin, what should I do?

  1. #16
    Join Date
    Oct 2008
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    Columbus, OH
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    3,064
    It's illegal in Ohio too.

    Section 6101.81 | Destruction, injury, removal of survey marks prohibited. No person shall willfully destroy, injure, or remove any bench marks, witness marks, stakes, or other reference marks placed by the surveyors or engineers of the conservancy district or by contractors in constructing the works of such district.

    https://codes.ohio.gov › section-6101

    Section 6101.81 - Ohio Revised Code - Ohio Law







    Brian

    "Any intelligent fool can make things bigger or more complicated...it takes a touch of genius and a lot of courage to move in the opposite direction." - E.F. Schumacher

  2. #17
    Join Date
    Sep 2016
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    Modesto, CA, USA
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    The marker should be part in each property. So removal is trespass and theft of your portion of the pin. Did it touch any other properties? At minimum he should pay full cost to survey and replace it as good as it was when he stole it.
    Bill D

  3. #18
    Join Date
    Sep 2013
    Location
    Wayland, MA
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    3,668
    We've had to get surveyed twice since we moved here to satisfy requirements for zoning variances. Both times the surveyors didn't use existing markers (there were none I've found) and somehow (I don't know how surveyors work) placed markers from scratch (to my eye in the same places). They only put in wooden pegs, nothing permanent. I'm guessing that they must be somehow using multiple GPS readings to achieve higher accuracy than GPS provides, which seems like magic if true.

    Where I grew up we had a beautiful monument in the front yard with a brass plaque in the top that said it was a USGS survey monument with quite precise latitude, longitude and elevations engraved into it.

  4. #19
    Join Date
    Nov 2014
    Location
    NC Piedmont
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    194
    Unless you hang a trail cam I don't think you could prove he was the one who moved it. What I would do is take this as a challenge to mark the corner such that no one could move the evidence. Once the surveyor resets the corner with a metal stake or whatever I would dig a hole just inside the corner so big and deep that it would take a backhoe to remove the mass of concrete.

  5. #20
    Join Date
    Apr 2018
    Location
    Cambridge Vermont
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    If it was me I would set up a trail cam once the new pin is installed. Chances are if he removed the first one he'll remove the second one.

  6. #21
    Join Date
    Oct 2011
    Location
    NW Ga
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    Had a friend in a similar problem. When he got it resurveyed we took an old rear axle out of an old truck. Dug a hole and put the disc end in the bottom and filled it up with Sackete leaving six or eight inches standing. You couldn't pull it up with a tractor.

  7. #22
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    It is also illegal in PA to remove a survey marker placed by a surveyor.




    Pennsylvania Statutes Title 18 Pa.C.S.A. Crimes and Offenses § 3312. Destruction of a survey monument

    Current as of January 01, 2022 | Updated by FindLaw Staff


    (a) Offense defined.--

    (1) A person commits a summary offense if he intentionally cuts, injures, damages, destroys, defaces or removes any survey monument or marker, other than a natural object such as a tree or stream.

    (2) A person commits a misdemeanor of the second degree if he willfully or maliciously cuts, injures, damages, destroys, defaces or removes any survey monument or marker in order to call into question a boundary line.

    (b) Restitution.--Any person convicted of violating this section shall, in addition to any other penalty imposed, be liable for the cost of the reestablishment of permanent survey monuments or markers by a professional land surveyor and all reasonable attorney fees.
    Lee Schierer
    USNA '71
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  8. #23
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    Mar 2018
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    Piercefield, NY
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    The surveyor is coming back sometime in November when he has had time to do the research and knows where to put the corners. I've got a cheap trail cam coming and will put it where it can monitor one of the pins. I might ought to order another camera so there's one for each pin but I haven't yet. People are weird, not me but the other ones (as the saying goes).

  9. #24
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    Quote Originally Posted by Zachary Hoyt View Post
    The surveyor is coming back sometime in November when he has had time to do the research and knows where to put the corners. I've got a cheap trail cam coming and will put it where it can monitor one of the pins. I might ought to order another camera so there's one for each pin but I haven't yet. People are weird, not me but the other ones (as the saying goes).
    You might be surprised how much activity there is in your back yard that you didn't know was happening. DAMHIKT
    Lee Schierer
    USNA '71
    Go Navy!

    My advice, comments and suggestions are free, but it costs money to run the site. If you found something of value here please give a little something back by becoming a contributor! Please Contribute

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