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Originally Posted by wabigoon
Some of it could depend on the brass the surveyor has. Will he stand up to a hot headed farmer telling him to get off his land?



Yeah.

I dealt with a couple of those.

Had one guy following me and my crew around with a rifle. He'd point it at us, and scream threats.

The last time I saw him was when he was being handcuffed by deputies and driven to jail in the back of the patrol car.

He did interrupt the survey for a day. But not the outcome of it.


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It can run up the cost of the survey.


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Originally Posted by mark shubert
Originally Posted by rockinbbar
Originally Posted by wabigoon
Another way of asking might be, can an adjoining land owner stop a survey. Of course not.

They can make it more difficult if access is needed on land they own.



In lots of states, the land owner cannot deny access to a surveyor.


Including NM.



That was where the guy was pointing a rifle at us. whistle

Had another guy dig up a marker I'd set on one of his corners. I got called back out because the adjoining land owner couldn't find it. So I reset the corner. Next day, the guy called me back out but said to be careful, because the guy tore it out again, and left a threatening note that he would shoot any surveyor he caught putting it back. eek

The sheriff thought that note was good enough to earn that guy a trip to the hoosegow as well. They arrested him for terroristic threat and removing legal survey monuments.

That sort of thing didn't happen much. But it did happen.


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My stepfather bought a plot of mountain land here on the courthouse steps.
It was one of those 'could be 20 acres, could be 200 acres' as there was no surveys within the past 100 years on it.
Turned out to be 160 after survey. It adjoined National Forrest on one boundary and also had a NF fire road crossing it.
Neighboring owner protested the survey.
Guy was clearly bat schidt crazy.
Stepfather, surveyor and neighbor attorney all met on the land and discussed as the neighbor hid behind a tree 20' away in full camo[including face paint].
A year or so later the neighbor strung a unmarked cable across the fire road which resulted in a decapitation of a dirt biker.
The dispute pretty much ended right then.


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Originally Posted by wabigoon
Another way of asking might be, can an adjoining land owner stop a survey. Of course not.

They can make it more difficult if access is needed on land they own.


No, they really can't. They can squawk about it all they want. But in the 2 states I've done it in, not a damn thing you can do.


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Originally Posted by wabigoon
Barry, it might take a court order.

I get irritated when they nail those plastic buttons on my post with a warning to not remove. My post, they have no right to use it.


Not true. It's the county and the states post. It just marks your property.


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Originally Posted by wabigoon
Some of it could depend on the brass the surveyor has. Will he stand up to a hot headed farmer telling him to get off his land?


Yes. I have. Several times.


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I'm talking about a wood corner post. The county neither buys. or sets the post.

If they drive in a steel rod with streamers, I leave it alone.

Last edited by wabigoon; 10/25/19.

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Originally Posted by tzone
Originally Posted by wabigoon
Barry, it might take a court order.

I get irritated when they nail those plastic buttons on my post with a warning to not remove. My post, they have no right to use it.


Not true. It's the county and the states post. It just marks your their property that you get to rent from .gov.


Fixt wink


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Wow! What a hot button topic. laugh


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Originally Posted by wabigoon
I'm talking about a wood corner post. The county neither buys. or sets the post.

If they drive in a steel rod with streamers, I leave it alone.


Sorry, but it's marking your property corner, and is accurate, it ain't yours. If you set it, it's not the corner, unless you're the surveyor. A wood post could very well have been set quite a while ago by surveyors. We have cedar posts, granate, stone, steel, all kids of cool old corner and section corner monuments that have been dug up.

Last edited by tzone; 10/25/19.

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So, who do I send the $20 bill for the post to?


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You eat it.


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Originally Posted by wabigoon
Wow! What a hot button topic. laugh


Naw, fun topic


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Thinking that Earlybird is asking about how to "dispute" a recently marked boundary?


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Originally Posted by wabigoon
I'm talking about a wood corner post. The county neither buys. or sets the post.

If they drive in a steel rod with streamers, I leave it alone.



Probably the best way to mark that is a set rebar and cap at the ground level of the fencepost, with a lathe denoting the offset, and note the offset on the survey plat.

When I was contemplating setting corners that fall on a fence corner, I always figured the fence post to be a temporary object, as fences get replaced every so often. But a rebar and cap, set at ground level with the offset noted on the deeds tends to be more permanent.

The exception is in metro areas where the backyard fence corners are the property corners. Then I set a PK concrete nail and brass washer with my LS number on it as the corner.

I've etched an "X" in concrete as a survey marker before, as well.


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Originally Posted by rockinbbar

I've etched an "X" in concrete as a survey marker before, as well.


We have done the same.


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Originally Posted by Raeford
Thinking that Earlybird is asking about how to "dispute" a recently marked boundary?


Pay for your own survey and see how it shakes out when done, and then get a lawyer as needed...

Lots of states make the "point of discovery" as the beginning of disputing a boundary, rather than how long a person "thought" that was their property.


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Just taking this off on a tangent, do you surveyor's every deal with correction lines?


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Originally Posted by wabigoon
Just taking this off on a tangent, do you surveyor's every deal with correction lines?



The only correction lines I've dealt with are those on sectionalized land where a new govt survey corrects an error in the old sections of land, and duly monuments and files all the needed correction plats. Usually, those involve public lands. And there's not much you can do.

But... while the correction survey may move the property line, usually BLM & USFS have policy that old fence lines can be used by the property owner, and still hold as the enforced boundary for reasons of agriculture and trespass, as long as the fence line is maintained.

If you put a totally new fence in, it must go to the correction boundary. (Gives you incentive to keep your fences maintained, rather than replaced, huh?)


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