We ran into a neighbor problem on a boundary survey. When returning to a corner we had set the day before we found it was gone. We were there to set the side line and had planned to occupy the position at the corner.
Then the neighbor’s “boyfriend” comes out and announces that he had removed the corner marker because it was “on his property”. Not too smart since the malicious act is a crime punishable by jail time and a fine.
Then to make things even more stupid he calls the police because “we were trespassing”, however trespassing is not a crime for surveyors in the process of locating a boundary in my state. He might have had recourse if we had caused damage to the property, but, all we did was set a steel bar and with a cap and that had been flush with the ground.
I’m thinking of pressing charges, because my client will need to bear the expense otherwise. We can’t finish the survey or record the map unless the police or lawyers are involved. My assistant thinks it should have been easy to explain by showing the record information we had already obtained. However, the neighbor’s boyfriend was having none of that.
Just the day before, we had talked to the neighbor about the position of the corner before we set it and got no indication that there was going to be a bonehead fight. At least I got him to admit that he took out the corner in front of the police. And when I asked him to return the mark he went inside and brought it out to give to me.
Have any of you ever pressed charges against an interfering neighbor? How would you compete this survey? I am positive the neighbor will continue to wipe out anything we set there.
I think that the client should be the one pressing charges because they are paying the bill! I call it "Theft of Service" when I talk with my clients about "stake pullers".
You need to double rod the corner when you reset it. Drive a rod then drive a rod on top of it. When he goes to pull the corner the 2nd rod will still be in the ground for the next Surveyor to find.
I would tell the boyfriend I was hired to Survey this tract, and that is what I am doing. I would stay off the adjoiner tract, and just stay on my clients tract.
If you feel you need a law enforcement office present for your safety, then get one to be with you while you set the corners.
I wonder how a "boyfriend" has standing to do what he did?
No, I didn't tell the police anything yet except to show them maps of the vicinity. You are right Don, it is the client's responsibility. He is calling his attorney.