I have been told that doing so is against a federal law, but I can’t find any specifics on this subject.
My neighbors are trying to keep us from building a fence between our properties and they dug them up!
I’ll truly appreciate your thoughful responses.
Update: I have already done all of the steps you mentioned. We even have a default judgement in our favor. There were many issues involved in this case, including racial slurs and slander.
We were awarded a judgement for debris removal, vandalism, emotional distress, and court cost, but I doubt that we will ever see a penny of that.
(We were denied attorney fees and surveyor’s fees). Needless to say we are out of many thousands of dollars!
Right now we just want to be able to build our fence in peace. They actually called the cops on us when we took a metal detector and were looking for the missing property markers!!
Thanks, Medicine Woman!
Unfortunately they are both retired and even if we put a lien on the property, I doubt that they plan to sell it. Most likely it will go to a member of their family.
Sometimes I wonder about our legal system…
jason_c said:
Feb 01, 09 at 2:23 amIn the UK this type of action is illegal. There are several potential offenses, first trespass if they had to enter you property to remove the marker. Second criminal damage as the markers were not there property.
The police will probably not be to interested as its difficult to prove who did it but if you have any evidence (Video recording etc) they may be more interested.
Ja.
earanger said:
Feb 01, 09 at 4:05 pmGrupoamerika,
I can’t tell you seriously about federal law - except to say I seriously doubt it. My recommendation would be to check with your city or county office where you get building permits.
I have bought and sold properties in WA St, and only half of them had property markers, so I doubt (emphasis on doubt) that the feds have laws regarding markers. It is, my guess, a city/county policy.
[I can’t imagine FBI agents running around looking for ground markers]
"Ranger"
Medicine_Woman said:
Feb 01, 09 at 9:44 pmIn the state where I live it is most definately against the law. Contact an attorney as to what you can do about what has happened. Just because one judgement has been made does not mean you can’t file for other judgements against them. If the man/woman works and you are awarded a settlement their wages could be attached to pay for the money they owe you. Check the law but use a good lawyer.
Bea said:
Feb 02, 09 at 4:58 amI guess Talk to your city’s codes enforcement department for information - you might call the non-emergency number for the police for an answer.
Good Luck!
always_b_natural said:
Feb 03, 09 at 9:34 amYou have a real neighbor problem. Is there any way you can sell and move away from these insane people? What will be next, you can’t smoke in your own yard, or plant flowers that they don’t like?
As for the marker problem, you should be able to check with your local municipality to find out the rules on them.
Best of luck, with that bunch next door, you will need it
QuiteNewHere said:
Feb 03, 09 at 2:42 pmGo to the land registry and ask for another survey of the boundaries between your properties.
They will ask for a reason. So you tell them "My neighbor took them away" "Why did your neighbor take them away?"
You tell them why.
Anything to do with land has rules and regulations and the government can put those markers back in place and charge your neighbors the cost of replacement.
I hope you have pictures/proof of them removing the markers. Then it is an open and shut case. One more word of warning is that these same people can move those markers again and that is a crime as well. You should put the fence up as soon as the new markers are in place.
shootingsportsnw said:
Feb 04, 09 at 9:36 pmcontact you local government agency that deals with property lines. If this is in San Diego try this link http://www.sandiego.gov/nccd/ . If it is in Mexico I don’t have an answer. Ther are US Geological markers that are illegal to disturb but they wouldn’t be used to mark your property.
Mary_B said:
Feb 05, 09 at 6:20 amIt’s not a federal offense, it’s a state offense, and might possibly be a felony.
Call a land surveying company, they will be able to tell you what the penalties are.
I would also call the police department…b/c if the markers are on your property, then they have trespassed and you can criminally charge them with destruction of private property.
A fix: Go to Home Depot and purchase 3′ rebar. Find the markers (which are sometimes just a wooden stake), pull up the stake and pound in the rebar.
ALL surveyers have access to a metal detector to find it, and they are hard to find if you don’t have one.
MoneyMonkey said:
Feb 05, 09 at 11:47 amI am assuming the markers you refer to are those which are from the survey to show where the property line are. If there is no ordinance or development regulation against such a fence (research this) then they are wrong. You should have a sit-down with a real estate attorney. If the markers are on your property, then you can file trespassing charges, but you don’t want enemies for neighbors. Have a talk with them, try to reach a compromise, and find out your legal standing.