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If someone moves a survey pin what can be done legally
My grandparents bought 30 acres in 1962. When purchased there was a easement on the deed to a landlocked parcel. In 1975 our current neighbor purchased that landlocked parcel. My grandparents are now decessed and the property was left to my family. Our neighbor has since purchased a field which he is no longer landlocked. Mind you that this is a little over a 1/4 mile long of my property. He has put a gate on it and states we have to have his permission to use the road. He has killed 4 of our dogs and is just a real jerk. 2 years ago we had all 30 acres survyed and pins placed. Now our neighbor has took it upon himself to pull these pins up (4 of them) and threw them in a ditch. Can we take back this easement now that he owns land to road frontage. And what can we do about him taking all orange flags and pins down and discarding them? The easement is on his deed as well as ours. We don't understand this but we were told that it should actually be on the owner that this was deeded to first. Please help
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Probably can't take back the easement. The reason it was conveyed may be moot, but it was transferred nevertheless.
In some states there are criminal &/or civil penalties for removing survey markers. As ExCon says, go see an attorney. On this forum I don't usually suggest ordering a survey unless your attorney first advises it. The attorney would be best able to determine whether one is necessary. |
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Yes. Easement disputes are complicated. You are unlikely to get a useful answer here. I'm not even sure I understand what you said and I've been involved in a similar situation. (Someone put a gate across and road/ easement to my grandparents' landlocked parcel and they lost access to the property. It didn't help that the someone who did it was president of the California Bar Association in the 1960s.) See A Lawyer --One who knows easement law in your state. |
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