Boundary line...

oldpaddyOctober 14, 2010

I'm not selling or buying a house, but I figured this would be a good place to ask.

A previous neighbor put up a fence about 15yrs ago. The current owners brought the fence to the length of thier property about 10yrs ago. I remember asking the fence installers if they had done a survey. They said no and that they were just adding to my existing fence, which wasn't mine... The guy then told me that it was only 6" on my property, "if it's only 6", then you won't have any problem moving it back 6"." I can't remember if they moved it.

Fast forward to today and I go to look at the property markers and one has disappeared. So if I have to have it surveyed and find that the fence is on my land can I force them to pay for part/all of the survey? Is there any laws about removing property markers?

Thanks guys.

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I'm in Mass.

    Bookmark   October 14, 2010 at 12:46PM
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Unlikley, as you have no proof they actually moved the marker..It is also quite possible the marker has "sunk" below the surface of ground..I can't tell you how many times over my 20+ years of surveying we we're called out to replace a marker,only to find it below the ground..I have found concrete monuments 36" below surface,most cases the iron pin/pipe you describe is 2-4" below

    Bookmark   October 14, 2010 at 1:07PM
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No, it hasn't been buried. I remember seeing it some years ago and it was 6"-1' above ground. The other two are about a foot above ground.
How much does a survey cost?

    Bookmark   October 14, 2010 at 1:29PM
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Surveyors NEVER set property corners 6"-1ft above ground..What you likley saw was the "locator" stake,alerting you to the location of the property marker,which is always set flush or nearly so to ground...

    Bookmark   October 14, 2010 at 2:53PM
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You got me. All I know is that on my property there used to be 3 pipes (plot is shaped like a piece of pie) sticking out of the ground 6"-1', now sometime in the last 10 years one has mysteriously disappeared.

    Bookmark   October 14, 2010 at 3:34PM
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How long ago were the pipes set? If set in the last 15-2o years,the surveyors name and license # are to be on the cap which sits in the pipe,if what you describe is actually the "corners",though this may not apply in Mass.

    Bookmark   October 14, 2010 at 3:51PM
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You can also try using a metal detector....somplace must rent them.
We used one belonging to a friend when we could not find the metal pipe in front. It had indeed sunk...probably from being run over my the landscapers mower.

Anyway, we found it in a minute or so using the detector.

Hope this helps.

    Bookmark   October 14, 2010 at 4:04PM
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^^^^,worth a shot as the rental costs would be significantly cheaper then the cost of a surveyor..Even when we would find the pipe below the ground,we still charged the same as if we replaced it from scratch,though we did verify it's accuracy in relation to other existing property corners

    Bookmark   October 14, 2010 at 4:13PM
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Thanks guys, I'll give it a shot.
I just hope the fence guy didn't remove it...

    Bookmark   October 14, 2010 at 4:48PM
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I got a copy of my plot map today, but my property has a curved side and I'm not sure how to measure that side. If I post the lot map can anyone explain to me how to measure it?

    Bookmark   October 14, 2010 at 8:03PM
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My guess based on your "curved" side, is the dimension referenced on that side is the length of property along the 'arc',to try and measure that directly yourself,you'd need to calculate the "chord",and to do so,the plot plan would need several other #'s,such as radius and/or delta(the angle of curvature)

    Bookmark   October 15, 2010 at 8:50AM
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