Surveyors Corner: What to do if your Property Marker is Removed

Поделиться
HTML-код
  • Опубликовано: 18 окт 2022
  • The New York State Association of Professional Land Surveyors provides a short informative session on what to do if your property marker is removed.

Комментарии • 13

  • @matthewclarke1926
    @matthewclarke1926 Год назад

    Great video. Thanks for posting. May I suggest the Screen Actors Guild when looking for people pretending to be in a boundary dispute. Always use a professional.

  • @caasinauj
    @caasinauj Месяц назад

    😂😂😂 @3:47

  • @traceystock7352
    @traceystock7352 Год назад

    This is so helpful. We bought a 4 acre property three years ago with a new construction home on it. A boundary line adjustment survey was done one year before we purchased to split our lot from being a ten acre lot into two lots: a 4 acre lot (ours) and 6 acre lot on the north side which was bought by someone else and then built on. And ours was the last lot to sell so we were advised buying a new survey was not necessary as nothing had changed (other than our new house being built). So we did not get one a the builder might have taken another offer if we had. New neighbors who bought the older home next to us on the south side away from where the boundary line adjustment was made, seemed to like our wooded area inside our property line so we had the surveyor come out and do a stake out hoping they would stop going in there. They did not. So we added posts, not wanting to clear land for a fence. This still did not dissuade their occasional entry and they were starting to bring contractors in with them for unknown reasons and were seen measuring our frontage surreptitiously (trying to look like they are just walking by checking their smart phone every time in the same places). So we had a fence installed that covers 75% of that property line, leaving one section due to a stormwater easement. My question is, is there a benefit for us to have a new survey done now, four years after the boundary line adjustment survey was done? Just to include the house, improvements and fence? The previous stake out stakes are mostly still there with a few exceptions, and about half the iron pins are still visible. The surveyor who did the boundary line adjustment and my stake out of that boundary has the notes from having surveyed our lot twice. Would we benefit from doing a new survey to show the improvements? Our house is centered so is not an issue -- it's really the neighbors who are interested in our land that we are concerned about. They may have some sort of encroachment on our land we do not know about and are looking at adverse possession taking of our land. A new survey would show the house, driveway, new fence, and no longer include the old boundary change but show our lot as a whole 4 acre lot. I guess I'm just worried about the neighbors engaging the surveyor and influencing him to find our fence as an encroachment even though we used his stake out for the fence or maybe somehow changing the boundary from what it was for some reason. The neighbors are acting so oddly and have and some buried pipes on our land that we found and removed. So we're skittish.

    • @nysapls
      @nysapls  Год назад

      Thanks for your comment, Tracey. We've forwarded it to our PR committee (who created the video) to review and respond.

    • @nysapls
      @nysapls  11 месяцев назад +1

      Dear Tracey,
      We've reviewed your situation and want to provide you with some straightforward guidance, broken down into key points, as representatives of the New York State Association of Professional Land Surveyors (NYSAPLS):
      1. Considering a New Land Survey:
      • Even if advised against it earlier, getting a new land survey can offer valuable insights and peace of mind.
      •A fresh survey would capture your property's current state, including your home, improvements, and fence

      2. Neighbor Concerns and Surveyor Ethics:
      • Worried about neighbors influencing a surveyor? Licensed surveyors are sworn to protect the interest of the public. They do not advocate for their Client, but rather report unbiased findings of fact.
      •Your original surveyor's work is based on thorough research and measurements; any changes require strong legal evidence and change in the physical features
      3. Open Dialogue with Neighbors:
      •Communication can often resolve misunderstandings. Consider talking to your neighbors about your concerns.
      • They might not be aware of the impact of their actions on you.

      4. Final Thoughts on a New Survey:
      •A new survey could provide a clearer picture of your property and help address concerns
      •If you decide to proceed, please go to the Find A Surveyor section at www.nysapls.org

      New York State Association of Professional Land Surveyors (NYSAPLS)

    • @traceystock7352
      @traceystock7352 11 месяцев назад +1

      @@nysapls Thank you good advice. As for the neighbor communication, I understand and it is good advice in general but these people are not talking to us and when they do they offer us nothing in terms of transparency (even denying knowledge of their down spout extensions on our land that they were seen weed whacking and bringing in a contractor to open up into our stream so it would be visible then agreeing to remove them some day in the future but declining to acknowledge a permission letter I offered to provide them then avoiding us at all costs to leave the plastic pipes on our land 150feet from their house). We are concerned about the surveyor because these people have turned our fence contractor against us, our landscaper and won over the surveyor the last time he was here. He was in love with them and they are not nice people to us. They sicked their dog on us whenever we go on that part of our land and warned us not to go there anymore. Hence the fence/ More detail than you need. Just want to make sure you know I'm not a nutjob but the neighbors are surreptitiously up to something. Thanks -- I'll contact a surveyor to see about a new boundary survey with improvements and ask for all encroachments and easements to be included.

    • @donmulder8061
      @donmulder8061 10 месяцев назад +1

      It sounds like you're concerned about adverse possession. I recommend you post Private Property - No Trespassing signs no less than every 75 feet along your boundary in a clear manner. This in itself won't prevent an adverse possession claim but it will increase the difficulty level greatly for your neighbor to succeed. If they still enter your property after doing this then you have no doubt what you are dealing with. I also recommend you place small improvements throughout this area of concern near your boundary. It doesn't have to be a major improvement. A simple tire swing hung from a tree, or a good one is to have a professional landscaper plants some small trees with bracing posts and heavily photograph that operation and keep the invoices. And I would walk in there at least weekly if not more with a Go Pro camera on your chest, videotaping yourself on your land, trimming branches or picking mushrooms or whatever, with your fence and No trespass signs in the background. You want to invalidate any "exclusive use" claims. Finally, lawyers will tell you to give them permission to be in there which will invalidate an adverse possession claims but not entirely. It doesn't prevent them from filing a claim anyway and wasting your time and energy and money or refusing to sign any paperwork acknowledging permission which turns into a "he said, she said" situation. Plus it pretty much ensures you will have your neighbors' present frequently on your land which sounds like what you don't want. Finally, unless you decide to give them permission, I encourage you to place security cameras along your boundary showing the likely access points. Trail cams are cheap and somewhat effective and may even serve as a deterrent. If they enter after posting signage and fencing and you have evidence, you can legally eject them which also kills a possible future adverse possession claim.

  • @tedmart4212
    @tedmart4212 11 месяцев назад +1

    should be a law that when a survey is done ALL CORNERS MUST HAVE PINS, No exceptions. Totally impossible to find property lines with a piece of paper.

  • @Trish.Norman
    @Trish.Norman Год назад +1

    What do you do when your neighbor removes your pins?

    • @j.darrel517
      @j.darrel517 11 месяцев назад +1

      I am having the same problem in Florida my neighbor removed not only the pins at the corner of our adjoining properties but he moved all of the pins on my property and in the street so now it's going to cost me more than a normal survey would cost because the surveyor will have to correlate with adjacent streets. I mean what kind of a human being does such vicious things.

    • @traceystock7352
      @traceystock7352 11 месяцев назад +1

      Call a surveyor to document their removal. Take that any evidence you have that they took them out to a land lawyer. See what they say. Most lawyers dont want to get involved in boundary disputes nor do most cops.

    • @TheJoan48
      @TheJoan48 10 месяцев назад

      Same thing happened to us. Crazy neighbor removed pins then beat my husband with his crazy wife. All he got was one year probation for attempting to drown my husband. No lawyer will help us. How’s that for justice in NYS? There isn’t any. Property markers were a waste of money.