Fake corner pin set by surveyor

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Old Jun 24th, 2012, 06:08 PM   #1
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Default Fake corner pin set by surveyor

A licensed surveyor has set a false corner pin 3 feet inside my property. He told me that my survey is accurate! When I asked why he set it, he told me his customer, my neighbor, asked him to. She has been disputing my recent survey and the fence I put up. Is the surveyor's action legal? What can I do about this?
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Old Jun 24th, 2012, 10:36 PM   #2
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Default Re: Fake corner pin set by surveyor

I would like to inform you that when adding structures to the property, such as a shed, it is illegal for it to extend into someone else's land. All surveys start with a known, defined point. This may be a benchmark set by the government, or a point located by another surveying firm. From this defined point, the surveyor uses angles, distances and elevations to locate other points. By doing this the surveyor can determine if the property lines are correct or establish them. New additions to the property are located and defined at this time.
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Old Jun 26th, 2012, 10:33 AM   #3
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Default Re: Fake corner pin set by surveyor

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Originally Posted by timhey View Post
A licensed surveyor has set a false corner pin 3 feet inside my property. He told me that my survey is accurate! When I asked why he set it, he told me his customer, my neighbor, asked him to. She has been disputing my recent survey and the fence I put up. Is the surveyor's action legal? What can I do about this?
Your surveyor can stand behind his survey, with map and monuments. The surveyor who told you of his client's deception --- let us hope he will be that candid should a lawsuit ever result. For he will either have to defend his survey as accurate, based upon the monuments -- starting and closing points or plat monuments that the survey began from -- or tell the truth and be your star witnes.

By setting a false pin, he is violating the standards of his profession and possibly putting his license at risk. If your surveyor is willing to stand by his markers, I would contact the owner and survey, in a joint letter to both, telling them to remove the pin(s). Counties also often have survey maps that include not just the lot dimensions, survey monuments, but often also the name of the surveyor.

Your fence is up and unless and until your neighbor attempts to lay claim to that 3 feet, you have suffered no damage. Except trespass by the surveyor placing the survey stake on your property. You can demand he remove it.
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