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; In Pennsylvania, Can a surveyors pin be removed if it doesn't agree with the original deed? My deed says the ...

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Old May 1st, 2012, 07:51 AM   #1
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Confused Law on removing property pins that a surveyor has placed in ground

In Pennsylvania, Can a surveyors pin be removed if it doesn't agree with the original deed? My deed says the property line runs 1 foot west of & parallel to my house...My neighbors surveyor told them the propety lines run on a diagonal line, Thus, coming in 26" on the back end of my property and all but touching the back corner of my house.
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Old May 1st, 2012, 07:56 AM   #2
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Default Re: Law on removing property pins that a surveyor has placed in ground

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Can a surveyors pin be removed if it doesn't agree with the original deed? my deed says the property line runs 1 foot west of & parallel to my house...My neighbors surveyor told them the propety lines run on a diagonal line, Thus coming in 26" on the back end of my property. and all but touching the back corner of my house.

No! It is a crime with fines and penalties to remove a surveyor's pin or stake in every state I know of. You need to have a survey run and if the two surveys disagree, then it is a matter for the courts to decide which is correct.

Presumably you have ALTA title insurance, obtained when you bought the house. When ALTA homeowner's insurance is purchased, they should have made an inspection to guarantee the house sits on the described property and there are no encroachments infringing on the property or dwelling.

You need to contact your title insurance company for it is their duty to defend against this survey and if needed to go to court to resolve the conflict between surveys, the title company should defend. As with most insurance companies, they may not be pleased at your report so I advise seeking counsel of a real estate attorney to represent you not only against the neighbor but with the title company.

In the meantime, I emphasize DO NOT remove any survey stakes or pins!
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Old May 1st, 2012, 08:09 AM   #3
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Default Re: Law on removing property pins that a surveyor has placed in ground

Yes, I have title insurance,but is it still good after 14 years? Also, their original deed says the line run parallel to the house.
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Old May 1st, 2012, 08:18 AM   #4
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Default Re: Law on removing property pins that a surveyor has placed in ground

Yes, your title insurance is still good. By the way, removing a surveyor's stake or pin in Pennsylvania is a summary criminal offense per 18 PA Const. Statute Section 3312.
It's a misdemeanor of the second degree for which in addition to any penalty one may be required to have the property resurveyed to replace the monument. While it is an affirmative defense that the marker was improperly placed by the surveyor, a layman is not in the position to make that call and, further it would destroy your claim against the title company.

Better to see a real estate lawyer.
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Old May 1st, 2012, 10:01 AM   #5
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Thank you for your help.. I will follow the advice...Thank you again.
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Old Nov 3rd, 2014, 05:54 PM   #6
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Default Re: Law on removing property pins that a surveyor has placed in ground

When a neighbor has removed a survey pin, which I found elsewhere on the ground, and put up a fence which is probably over the line on my property, how can I proceed to get the Pennsylvania statute 3312 enforced against the neighbor? Can I do this myself without consulting an attorney? Thanks in advance.
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Old Nov 11th, 2014, 12:10 AM   #7
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Default Re: Law on removing property pins that a surveyor has placed in ground

All depends upon the neighbor. Willfully removing the
stake to put his fence on your property, however, is a strong sign he is not going to be cooperafive or nice abouf it.

You need to notify hin in writing of where you found the survey stake, that you now will have to have a surveyor out to reset the stake -- and do so. Then present him the bill and politely request he move his fence to his property line. In writing.

Then see an attorney. He can be held responsible for the survey costs plus removing his fence and his lawyers fees plus possibly yours as well for removing the stake, a criminal act. It probably will take a letter from a lawyer to get the neighbor to see that paying the cost to resurvey that line and remove his fence the cheapest route
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Old Nov 11th, 2014, 01:52 AM   #8
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Default Re: Law on removing property pins that a surveyor has placed in ground

Get your own survey, determine the pin location from it and have him and his surveyor reconcile it with your surveyor.
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Old Nov 11th, 2014, 04:39 AM   #9
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Default Re: Law on removing property pins that a surveyor has placed in ground

Surveys are exacting and not up for discrepancies between surveyors. They are to begin and close on the same monuments, points.

Tnere is no indication the lines are in dispute. The neighbor removed a survey stake which is a crime!
He need fo pay a surveyor now to replace that stake
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Old Nov 11th, 2014, 06:14 AM   #10
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Default Re: Law on removing property pins that a surveyor has placed in ground

You should refrain from trespassing into the disputed property to remove the pins. If you have a dispute over the property with a neighbor, you must immediately hire an attorney and approach the court. You should then bring an action against your neighbor and the surveyor.
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