If a adjoining piece of land is surveyed to sell does isn’t the adjoining land owners need to sign a approval of the survey?

No

To what purpose?

KC

Say if the property was originally recorded but footage but never surveyed but once it was surveyed it went way past the recorded footage and land locked a property as the outcome

The survey is the survey, there is no need for a land owner to sign said survey unless of course the survey is a conveyance document, plat, short plat etc... Then the property owner would have to sign in order to execute the conveyance of property. The adjoining land owner however would not sign, unless they had some vested interest in the property being conveyed.

Typically if you disagree with a survey the course of action is to get your own survey and see if the two match up.

There are other laws about land locking property and cutting off access that may apply to this situation... Depends on your state and local laws...

In my experience, the legal description of both properties would have to be established by survey to begin with, so while the common or observable boundaries may move when surveyed, any access points described in the legal description would move with it. This is what I think.

KC

I’ve never heard of that, sir.

This

No is the correct answer from my surveying years in TX

No, why would they?

Nope.

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.

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.

In Arkansas, unless it has changed since I retired, a landowner cannot keep a Survey from taking place, but both parties should have notification. Of course the one having the Survey done, already knows. This does not always happen. Sometimes it is hard to contact landowners in a timely manner and other methods prevail, like a posted notice on a door, or other things. miles

Are you asking what to do if you don't agree with found boundaries from a survey done on the adjoining property?

If you are speaking of a witness mark, I don't think it is against the law to destroy those, but the actual corner could get you a fine. Now the Federal Government has lots of concreted brass caps that are called a witness marks, that is a different story. Those are usually found around Triangulation Stations. Although lots of them have been moved and destroyed, and I know of no one that has been fined. miles

Or not. Depending on the state.

It is also unlawful to remove survey markers in most states. The warning is just a reminder that your post is now legal survey monumentation.

I guess they could remove your post, and put a nice rebar with a survey cap in the ground where the actual property boundary corner is located... I'd much prefer they put a nail and plastic marker on my post...

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?

Including NM.

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.

It can run up the cost of the survey.

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

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.

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.

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.

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.

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

Yes. I have. Several times.

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.

Fixt

Wow! What a hot button topic.

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.

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

You eat it.

Naw, fun topic

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

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.

We have done the same.

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.

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?)

In Iowa, and south Minnesota at least about every sixty miles the do a correction to take the curve of the earth in account.

Try to put postage stamps on a basketball with no gaps between them.

In Arkansas, the correction is done on the North and West side of every Township (6 miles by 6 miles, more or less.) This is land surveyed after the Louisiana purchase, and I suppose this holds true over the entire area mapped out for the purchase. miles

Back in 2006, my wife and I bought an old house to fix up and flip. At the rear of the lot, it had a 30'x 54', 4 bay garage. The corner of the lot had 4 lots coming together right there. Someone 60 or 70 years ago planted a tree at the corner. That is one big ass tree about 3' in diameter now. It had 4 of those plastic washers nailed into it where each property line went into it. The tree was on my plat as the corner I think. The roof on the garage was shot and needed to be replaced, but the tree had huge branches laying on the roof. I needed to take down a few other trees and trim the branches off of the garage and some others from the roof of the house. I got a tree guy to come in and do the work. The azzhole from behind me calls me up and tells me that I'm trimming HIS tree. I had to take my copy of the plat over there and show him the washers nailed in the tree. I told him that the tree was on all 4 of ours land and I was only trimming the 25% of my part of the tree.

Miles, what I saw were along Township lines as well.

Lots of those old deeded homestead lands were affected.

In some cases where the deeded lands were subdivided, some lots were lost entirely.

This is not what really wanted, but it gives an idea.

Round Earth, Square Sections. Always has been and always will be a headache for surveyors

A couple miles north of me they have some big sections, well over half mile rows.

That’s funny, ran into an issue with that with a neighbor where a big limb from a tree on the property had grown over my driveway and part of the garage and was 2/3 dead. I decided to trim it back and he got his feathers ruffled over who’s tree it was.
Looked it up and under common law if a tree is on your neighbors side of the property line it’s his, but if the trunk has grown over the line it’s now both of yours. If a limb or limbs and branches is over the property line I can legally trim it back as long as I don’t hurt the viability of the tree. In other words I had every right to cut that limb off and remove the hazard.

Yep, most of the time the property lines are vertical as well.

Yep, that's the other thing. Even if the trunk of the tree was on his side, I could've still trimmed the branch where it came over the property line.

In most states if a Tree grows across the property line you can cut those limbs...

Needless to say - many people don’t agree with the law, but it’s there...

Know what you mean. It's why every so often section roads curve sharply one way and immediately curve back. In case any visitors up for pheasants sees that and goes WTF is wrong with those people.