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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