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Re: OT....Property Corner Markers.......


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Posted by JML755 on October 28, 2009 at 05:20:25 from (66.184.63.110):

In Reply to: OT....Property Corner Markers....... posted by grayrider on October 27, 2009 at 19:55:38:

greyrider,

I had the exact same problem. Property we bought had been surveyed just prior to our buying it from the bank. One of the corner markers indicated that a bridge over a creek was on the neighbor's property. I was suspicious and cleared the brush so I could get a transit shot from other markers. Sure enough the survey marker was about 35 ft away from where it should have been. (Another person told me the neighbor had admitted to them that she had moved the marker.) I left the marker but put up a section corner fence with 4x4's where I had calculated the actual corner to be. Neighbor came out hollering and so I paid $225 to have the survey company come out and reset the marker. My fence corner was within a couple of inches from the "new" relocated marker. The surveyor told me that he knew it was put their originally since the survey was just done a few weeks previously. I took plenty of pix and the surveyor put spikes in nearby trees (not obvious locations) as references.

We are in the process of fencing the entire property line. The old saying is true: Fences make good neighbors. It is also a misdemeanor here in Michigan to disturb a survey marker, but I doubt it's ever been used to arrest someone unless you've got a video of them moving it. Your ideas sound pretty good and I bet the neighbor will realize you're serious about it. Another thing to consider is that even with a documented survey and markers, don't let him use or store anything or otherwise "take possession" of the land. Lots of cases of people losing property to "squatter's rights" laws because a guy said, "I'll just cut and maintain this stretch of land so you don't have to".

In our neighborhood association a guy had planted gardens, trees, sod, installed bird feeders, etc. on association "commons" property behind his house. We had it surveyed, took pix, called a company out to rip up everything he put in. He was po'ed and called the cops but we couldn't let him "take possession". So, just having a survey won't necessarily protect you. A fence line (tensile wire is cheap) would help.


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