After Finding that the local Town Highway Department had buried two Boundary Stakes, replaced the Stake in a Right Of Way road cut with a short piece of pressure
treated wood, Finishing up by 're-aligning' a Forth Stake back in the ground after it was hit by a road grader and removed ! As I had a family interest in the property,
I spoke to a Surveyor who Told me that I should take pictures to document the 'Work Done' and Have my lawyer write the Towns Lawyer a letter.
At the time in question, my lawyer was the towns lawyer, so things got handled -and I was satisfied with the final results !
During the conversation with the Surveyor he informed me that the most common reason for damage or total removal of a Boundary Stake, was the Boundary Stake
being struck by a mowing machine when the Road shoulder and R.O.W. was mown ! The fact that most County and State Shoulder / R.O.W. Mowing is done by
Independent Contractors adds another wrinkle to dealing with this issue. I hope this was timely and helped ! Big AL
Success has a Thousand Fathers , Failure is an Orphan
On our place we found out that a relative of the original owner 'moved' a peg. Years later a fence was constructed along what was THOUGHT to be the boundary line. When we bought we were told that the fence line was the boundary...and we could not find any pin (like you say Al - it had been graded out by the county).
We, maybe foolishly, assumed the fence was the boundary. That caused us a load of grief when the neighbor (who owned and constructed the fence) decided to cause grief.
We ended up selling the property.....but we will never forget the lesson!
It is a very common mistake for new owners to think that a fence line is the property line.
Many properties (especially large ones) have intentionally put the fence well within their own property. This allows them to ride the outside of the fence without encroaching on a neighbor's property. It is useful for repairs, inspections, and has the added bonus that if your neighbor wants to remove the fence, or other silly nonsense, he may not do so without violating your property.
I know of people who have planted trees on "their" side of the fence, only to have the real owner remove them at a later date.
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