General common law principles of trespass would hold a person liable for removing a surveyor’s stakes from someone else’s property. Unless they are on YOUR property, it’s best to leave them alone. They should only be removed by the person that paid for them in the first place. It could also be illegal to remove wooden stakes placed by the surveyor, depending on what the stake is there for. Okay, so what about the little wooden stakes with orange tape that surveyors put out to temporarily mark a boundary or pre-construction build site?
Those are actually stamped with the words “UNLAWFUL TO DISTURB.” Any unauthorized person who alters or removes of these government survey monuments could also be found guilty of a misdemeanor punishable with fines and/or imprisonment. (b) Altering landmarks is a misdemeanor punishable by imprisonment for not more than six (6) months, a fine of not more than seven hundred fifty dollars ($750.00), or both.įurthermore, some survey monuments may be federally owned, such as the section corners for the U.S. (iii) Breaks, cuts down or removes the monument, landmark or bearing-tree. (a) A perso n is guilty of altering landmarks if, with intent to destroy or deface the mark on a monument, landmark or bearing-tree designating the corner or boundary of a tract of land, he knowingly: Even a professionally licensed land surveyor will not move or remove survey markers, as it is considered unethical to do so.įor Wyoming, we refer you to the Wyoming State Statutes & Constitution, Title 6: Crimes and Offenses.
Only government officials with a permissible purpose, such as a cadastral land resurvey, should remove or alter permanent survey markers. One question we get asked frequently is: Is it illegal to move a survey marker? Generally, the answer to that question is YES, it is illegal. These mark the intersection points of the property, so you can tell for certain where your property ends and that of your neighbor begins. Legal counsel will be able to advise you of local laws and the best way to resolve the situation.īoundary pins may be driven into the ground at the corners of your lot by a licensed surveyor. It is important to remember that land surveyors do not practice the law. Hire a professional land surveyor to verify property lines, and if you have already done that, 2.
Authors note – We receive many, many comments on this blog from people who have disputes with their neighbor over property lines.
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