Law on removing property pins that a surveyor has placed in ground

This is a discussion on Law on removing property pins that a surveyor has placed in ground within the Other Real Estate Law Matters forum, part of the REAL ESTATE & PROPERTY LAW category; Country: United States of America State: Pennsylvania Is there a law in Pennsylvania to protect a property owner when someone ...

Consult Your Own Personal Lawyer Now!
Reply  POST NEW QUESTION

 

Thread Tools Search this Thread Rate Thread Display Modes
Old Apr 15th, 2011, 03:49 PM   #1
Unregistered
Guest
 

Unregistered's Avatar
 
Posts: n/a

Default Law on removing property pins that a surveyor has placed in ground

Country: United States of America
State: Pennsylvania

Is there a law in Pennsylvania to protect a property owner when someone removes property pins that a surveyor has placed in ground to show property boundaries?
  Reply With Quote
Sponsored Links
Top crime attorneys
Old Apr 15th, 2011, 05:14 PM   #2
Top Level Member
Country:  
Friend In Court's Flag is: United States
 
Friend In Court's Avatar
 
Join Date: Apr 2011
Location: Florida
Posts: 12,751

Default Re: Law on removing property pins that a surveyor has placed in ground

Quote:
Originally Posted by Unregistered View Post
Country: United States of America
State: Pennsylvania

Is there a law in Pennsylvania to protect a property owner when someone removes property pins that a surveyor has placed in ground to show property boundaries?
In a word, "yes." Here's the Pennsylvania Code on removal of survey stakes:

2010 Pennsylvania Code
Title 18 - CRIMES AND OFFENSES
Chapter 33 - Arson, Criminal Mischief and Other Property Destruction
3312 - Destruction of a survey monument.


Share |


3312. Destruction of a survey monument.
(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.

(c) Affirmative defense.--It is an affirmative defense to
any prosecution for an offense under this section that the
survey monument or marker was improperly placed by a
professional land surveyor.
(d) Definitions.--As used in this section, the following
words and phrases shall have the meanings given to them in this
subsection:
"Professional land surveyor." As defined under the act of
May 23, 1945 (P.L.913, No.367), known as the Engineer, Land
Surveyor and Geologist Registration Law.
"Survey monument or marker." Any object adopted or placed by
a professional land surveyor to define the boundaries of a
property, including, but not limited to, natural objects such as
trees or streams, or artificial monuments such as iron pins,
concrete monuments, set stones or party walls. The phrase does
not include a wooden stake placed by a professional land
surveyor as a temporary marker or placeholder.
(July 7, 2006, P.L.348, No.72, eff. 60 days)

2006 Amendment. Act 72 added section 3312.
Friend In Court is offline   Reply With Quote

Did you find this post helpful? Yes | No
Old May 5th, 2011, 01:46 AM   #3
Banned User
Country:  
karinabartram's Flag is: United States
 

karinabartram's Avatar
 
Join Date: May 2011
Posts: 14

Default Re: Law on removing property pins that a surveyor has placed in ground

If the survey is correct, you should contact the Assessor's office to see if you have been paying property taxes on the disputed portion. If so, and if you and your predecessor have done continuously for 5 years, you have a good claim for adverse possession. There are other factors, but usually the property tax hurdle is the most challenging.

Last edited by karinabartram; May 7th, 2011 at 12:55 AM.
karinabartram is offline   Reply With Quote

Did you find this post helpful? Yes | No
Reply

Bookmark & Share

Tags
pennsylvania, property boundaries, property pins, protect a property

This thread has 2 replies and has been viewed 5385 times

Thread Tools Search this Thread
Search this Thread:

Advanced Search
Display Modes Rate This Thread
Rate This Thread:


Posting Rules
You may not post new threads
You may post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off
Trackbacks are Off
Pingbacks are Off
Refbacks are Off

Format Your Messages
Add Forum to Google Toolbar
Forum Jump

Similar Threads

Thread Thread Starter Forum Replies Last Post
Law on removing property pins that a surveyor has placed in ground sms310 Other Real Estate Law Matters 4 May 1st, 2012 10:01 AM
Removing bushes that straddle property line WI rabid Neighbor Law 1 Jun 13th, 2011 02:45 PM
Advice on removing a trailer from property in PA PAHomesteader Landlord vs Tenant Issues 2 Dec 15th, 2010 01:09 AM
removing tenants and their property Unregistered Landlord vs Tenant Issues 5 Dec 29th, 2009 10:46 AM
removing evicted renters property myming Landlord vs Tenant Issues 1 Jun 19th, 2008 09:00 AM


Top crime attorneys


All times are GMT -5. The time now is 05:17 AM.