Neighbor removed my property line pin

[TCBoomer]

5 years ago I paid for a property line survey so I could continue a privacy screen(200 arborvitaes added to the existing 100 already in place) to completely block a problem neighbor. As a result of this survey I gained a several feet of property about 250' in length. Actually the length is greater but it's woodlands and no need for plantings there. Neighbor didn't dispute any of it(for the most part) even when I pointed out that his underground service for his phone was on my property. Specifically: the riser for this phone service was clearly on my property and I informed him it was fine to leave it...it was located outside the arborvitaes at the corner point, so what did I care.

This past spring I noticed the riser for the phone service was gone as well as the corner pin that my surveyor installed. When the survey was done I took pics of all the pins and documented the distance from the arborvitaes. Just to be certain, I went searching/digging for the corner pin and it's history.

I'm tempted to confront him about it, but then part of me says just leave well enough alone. It bugs me on principle that the pins gone, but since the arborvitaes are permanent and growing fast, why should I care...I know where the corner is and so does he and I have digital pics. There is peace between us now, but only because I took the initiative to bury the hatchet between us. We've both been here 20+years.

There's more to the story, but I'll leave be for now...

Should I be concerned that the pin is gone?
Was this legal for him or whoever moved the phone service riser to do this? I'm 99% certain he was the one who removed it

 

[sweettractors]

In Ky, that is against the law. Ken Sweet

 

[dschuffert]

I drove a length of rebar into the ground where the surveyor put his pins in. I do this on all my plots. It makes it easy to find if something happens and the pins / markers disappear. In my case it is usually farm machinery that destroys the markers.

 

[tractchores]

If spmeone dug up the phone line could they have dug up the pin by accident not knowing what it was?

 

[IslandTractor]

I drove a length of rebar into the ground where the surveyor put his pins in. I do this on all my plots. It makes it easy to find if something happens and the pins / markers disappear. In my case it is usually farm machinery that destroys the markers.

I do the same. Just paint the top of the rebar orange so you can find it.

 

[rmk700]

Surveyors can make mistakes.

 

[TCBoomer]

In Ky, that is against the law. Ken Sweet

I believe it's illegal here in CT as well but haven't found it in print yet

 

[TCBoomer]

I drove a length of rebar into the ground where the surveyor put his pins in. I do this on all my plots. It makes it easy to find if something happens and the pins / markers disappear. In my case it is usually farm machinery that destroys the markers.

I did the same with all the intermediate line markers, but where there was a pin with a ID stamp on the tag, I left alone. The missing pin had a tag

 

[joshuabardwell]

In the interest of good relations, could you assume that the person who moved the telephone riser accidentally dug up the pin? Maybe the neighbor had nothing to do with it.

 

[TCBoomer]

Surveyors can make mistakes.

The survey itself was never disputed. In fact the neighbor just played stupid when the actual property line location was established. In fact I clearly remember the day we were discussing his phone line riser. He built his home a year earlier than mine and he "thought" the property line was "here"....emphasis on the quotation marks

 

[TCBoomer]

In the interest of good relations, could you assume that the person who moved the telephone riser accidentally dug up the pin? Maybe the neighbor had nothing to do with it.

Possible but highly doubtful. Like myself, he does all his own work. He even trenched and laid the 1K' of underground cable for his cable TV when it became available years ago.

 

[TCBoomer]

My only real concern is whether or not I should confront said neighbor about the pin. If I choose to ignore what's been done, can it come back and bite me down the road? I can't see how, but given the way the legal system operates today??

Here's a couple pics...one showing the corner where the pin was located on his side of the trees. The other pic shows the location of some of the trees versus the front of his house. They're located about 30' from his front door. He wasn't to happy about the placement, but given what had occurred causing me to plant them in the first place...he should have given more thought to the placement of his house when he built it. He owns 4.5 acres and easily could've built further back.

 

[sld]

My only real concern is whether or not I should confront said neighbor about the pin. If I choose to ignore what's been done, can it come back and bite me down the road? I can't see how, but given the way the legal system operates today??

Here's a couple pics...one showing the corner where the pin was located on his side of the trees. The other pic shows the location of some of the trees versus the front of his house. They're located about 30' from his front door. He wasn't to happy about the placement, but given what had occurred causing me to plant them in the first place...he should have given more thought to the placement of his house when he built it. He owns 4.5 acres and easily could've built further back.

Holy Moly, I would love to mow grass that nice!

 

[KTurner]

My only real concern is whether or not I should confront said neighbor about the pin. If I choose to ignore what's been done, can it come back and bite me down the road? I can't see how, but given the way the legal system operates today??

Here's a couple pics...one showing the corner where the pin was located on his side of the trees. The other pic shows the location of some of the trees versus the front of his house. They're located about 30' from his front door. He wasn't to happy about the placement, but given what had occurred causing me to plant them in the first place...he should have given more thought to the placement of his house when he built it. He owns 4.5 acres and easily could've built further back.

If you're concerned about future legal ramifications, go talk to a lawyer that knows the law in YOUR AREA. We're just a bunch of armchair quarterbacks on here. You can do this without your neighbor knowing. That way, if its not an issue, you can just let it slide. You obviously don't want an ongoing dispute with your neighbor, since you said you took the effort to bury the hatchet before. No sense in rubbing salt in old wounds if there's no benefit.

Keith

 

[joshuabardwell]

The survey itself was never disputed. In fact the neighbor just played stupid when the actual property line location was established. In fact I clearly remember the day we were discussing his phone line riser. He built his home a year earlier than mine and he "thought" the property line was "here"....emphasis on the quotation marks

I have very little sympathy for those who build near a property line without surveying first. When I built a fence around my property, I bit the bullet and paid $600 to have my place surveyed. Every pin was where it was supposed to be, but my neighbor had hinted that he thought a previous owner had moved some of the pins, and I wasn't about to take a chance of him arguing with me in the future. I understand that neighborly peace can be a more important principle than the property line itself, so I'm not questioning your decision to let it slide, but I have also seen too many of these cases where a person's generosity with regard to property rights turned out to be his undoing. I hope that you don't become one of them.

 

[aczlan]

If you're concerned about future legal ramifications, go talk to a lawyer that knows the law in YOUR AREA. We're just a bunch of armchair quarterbacks on here. You can do this without your neighbor knowing. That way, if its not an issue, you can just let it slide. You obviously don't want an ongoing dispute with your neighbor, since you said you took the effort to bury the hatchet before. No sense in rubbing salt in old wounds if there's no benefit.

This^.
I might call the surveyor who did the survey and see what it would cost to have him re-set the pin and then pound in a 4' T post next to the pin (inside your line) till its 4-6" underground... Hard to accidentally dig out something like that.
As it sits, I would be surprised if there is a way to prove that it was him who dug it up and I wouldn't start something where the only winners will be the lawyers...

 

[TCBoomer]

If you're concerned about future legal ramifications, go talk to a lawyer that knows the law in YOUR AREA. We're just a bunch of armchair quarterbacks on here.

Keith

Good point, but I somewhat disagree with the armchair Q'backs comment because I've seen some of you guys put up info that someone may not think about. There's been a number of threads involving property lines that prove it.

 

[CBW1999]

First things First- don't make assumptions. You have no real way of determining who actually removed the marker.

Sounds like you have all of the documentation from the surveyor. If it is really bugging you- contact the surveyor and "ask" him about the pin/ tell him you can't find it. He may be interested in the situation since he may have some vicarious liability.

Otherwise, let sleeping dogs lie-
:2cents:

 

[TCBoomer]

I have very little sympathy for those who build near a property line without surveying first. When I built a fence around my property, I bit the bullet and paid $600 to have my place surveyed. Every pin was where it was supposed to be, but my neighbor had hinted that he thought a previous owner had moved some of the pins, and I wasn't about to take a chance of him arguing with me in the future. I understand that neighborly peace can be a more important principle than the property line itself, so I'm not questioning your decision to let it slide, but I have also seen too many of these cases where a person's generosity with regard to property rights turned out to be his undoing. I hope that you don't become one of them.

We're on the same page!!

 

[TCBoomer]

First things First- don't make assumptions. You have no real way of determining who actually removed the marker.

Sounds like you have all of the documentation from the surveyor. If it is really bugging you- contact the surveyor and "ask" him about the pin/ tell him you can't find it. He may be interested in the situation since he may have some vicarious liability.

Otherwise, let sleeping dogs lie-
:2cents:

You're absolutely correct...I have no proof just an assumption.

But more importantly...instead of getting a lawyer involved at this stage (not that I believe I need one yet), I like the suggestion of contacting the surveyor about not finding the pin.
Thanks!