[LisaB4657]

Not to argue, but having written 1000's of easements as well as 1000's of deeds, they are more often written as separate documents, not attached to anything except a legal description and sometimes a survey, and recorded in the county clerk or county register's office against the property to which it pertains.

If you walk into the county clerk's office and request a copy of a deed for a piece of property there are rarely any easements included in that deed. But if you ask for all documents recorded against a piece of property you may get several easements in addition to the deed. So the only way to be completely sure about whether there is an easement on a piece of property is to either perform a title search yourself (if you know what to look for) or have a title company perform a search.

[ScottGem]

I think this may vary by locale. An easement is definitely a separate document giving a 3rd party the right to a specified use of a portion of one's property.

I would suspect that most registers now cross reference the deeds with the easements so when a request for a deed is made, the easement is also provided. As more county clerks are computerized and digitized (imaged) this cross referencing becomes easier and more common.

[excon]

Hello m:

Sure you do. I wouldn't take 'em on yourself, though. I'd hire a lawyer.

excon

[mpcash]

If our neighbor is putting up a rock wall on property line and some of the rocks are spilling off our property, what can we do to get him to move, short of suing him or something. He is a bit of a loose cannon, a "townie", he thinks he can do anything

[smoothy]

Helps to know what country, state and City.

There are some places that let you put a fence smack on the property line, while many require a setback. Some require permission from the town or Permits to erect walls or Fences. Can you provide a little more details?

The easy way if it's a wall separating your properties... is to simply toss the rocks over the wall onto his side that have fallen onto yours.

[mpcash]

We live in hull ma. Rocks from next door falling on our property. Notified town, nothing done.. the town also installed his grinder pump on our property... seems like we can get nothing done, he has all the rights.. we are retired, so therefore living on fixed income, so we do not have extra for lawyer

[ScottGem]

If these rocks are causing a hazard, inform the owner that if he doesn't install some sort of bulkhead or protection he will be liable for any damages caused.

As to the town installing something within your property line, keep badgering them about it.

Check with a local law school to see if they have a free clinic to advise you.

Please don't keep starting new threads for this same issue. I've merged all your threads for you. Starting new threads with different info each time doesn't help us help you.

[mpcash]

We were having a fence installed today and our neighbor had his land surveyed so we were going 6" off his line. He came out and cut the string and picked up the stakes and called police. Isn't a property line shared by the two landowners. We had to stop installation because he told police if didn't know where property line was. What is our recourse. He is a real loose cannon. We called his surveyor and asked for a plan that shows where the monuments are. We are not, at this time, contesting his property line... the land is going nowhere... thanks

[smoothy]

Some localities require a permit for a fence... make sure your is not one... also verify setback requirements, some let you put it on the line, some like where I live require a 12 inch setback, but 5 feet if its adjacent to a sidewalk or driveway. Then there are height regulations.

And then there is the nice side ugly side thing... many require the best looking side face the neighbors property.

But any place I am aware of the next door neighbor can't prevent you from putting it up.

[ScottGem]

Do you have proof he picked up the stakes. Witnesses that saw the stakes there recently? Testimony from his surveyor about when the stakes were put there?

Once you have the property line established. Once you have all the proper permits to install the fence. You can go ahead. If you lost anything because he deliberately moved the markers and you can prove he did so, sue him!

[AK lawyer]

... our neighbor had his land surveyed so we were going 6" off his line. ... he told police if didn't know where property line was. ... He is a real loose cannon. ...

Seems like he sure is. He had the line surveyed and then (are you saying) you don't know where the line is?
Did you see his surveyers place monuments? Then their location should be obvious. Are you sure they placed or located monuments?

... We called his surveyor and asked for a plan that shows where the monuments are. ...

It's his survey. I'm not sure the surveyor will be willing to give you information your neighbor paid for.

Do you have proof he picked up the stakes. Witnesses that saw the stakes there recently? Testimony from his surveyor about when the stakes were put there?
...

I'm assuming "stakes" and "monuments" are two different things.

Surveyers place monuments. Fence-builders put in stakes.

[Fr_Chuck]

So you hire the survey company ( or another one) to come out and mark the property line, then you set your fence back according to code.

[smoothy]

Do you are any friends own a metal detector? I've seen them (surveyors) drive metal stakes into the ground to just below the dirt level. THey were about the size of large spikes that had a plastic ribbon tied on them on my property (small and too easy for an idiot neighbor to remove)

Easy to spot that way... or play it safe, Hire your own Survey, drive metal rods at least two feet long ( 1" solid steel rod at home depot 2 or 3 feet long, use a sledge hammer) into all the way into the ground at those points right after the surveyor finishes ( let the idiot neighbor try and pull THOSE out of the ground). Easy to find in the future too. And if he touches any markers YOUR survey places, have him arrested. If he calls the police again show the cops the Survey you paid for... and put the fence up. If the neighbor causes problems or gets in your face... call the cops. Let them deal with him.

[AK lawyer]

... And if he touches any markers YOUR survey places, have him arrested. If he calls the police again show the cops the Survey you paid for...and put the fence up. If the neighbor causes problems or gets in your face....call the cops. Let them deal with him.

Where I come from, and probably other places as well, it's a crime to remove or disturb survey monuments. It's something for the police to be concerned about. Where are you, BTW?

[mpcash]

We are in hull ma. He is a townie, we are only summer residents. But have been since 1941. As you see we are not young. We did a knock down 5 years ago and have a beautiful new holme near the ocean. We found the monuments with the metal detector. But now the water commission tells us we have to get approval from town to put up fence as the grinder pump pipes are 37 1/2 feet deep we we may not put something permanent over them.. sounds very fishy to us... didn't want to but may need to hire a lawyer.. as retirees, money is fixed. Thanks again all for all your help you have been great.

[AK lawyer]

Ok, it appears that you need town approval. But just to finish what I started, here is the pertinent statute for Massachussets:

PART IV. CRIMES, PUNISHMENTS AND PROCEEDINGSIN CRIMINAL CASES


TITLE I. CRIMES AND PUNISHMENTS


CHAPTER 266. CRIMES AGAINST PROPERTY


Chapter 266: Section 94. Boundary monuments and miscellaneous markers; malicious destruction


Section 94. Whoever wilfully, intentionally and without right breaks down, injures, removes or destroys a monument erected for the purpose of designating the boundaries of a town or of a tract or lot of land, or a tree which has been marked for that purpose, or so breaks down, injures, removes or destroys a milestone, mileboard or guideboard erected upon a public way or railroad, or wilfully, intentionally and without right defaces or alters the inscription on any such stone or board, or wilfully, intentionally and without right mars or defaces a building or signboard, or extinguishes a light or breaks, destroys or removes a lamp, lamp post, railing or post erected on a bridge, sidewalk, public way, court or passage, or wilfully, intentionally and without right defaces or otherwise injures, removes, interferes with or destroys any traffic regulating sign, light, signal, marking or device lawfully erected or placed under public authority on any public way, shall be punished by imprisonment for not more than six months or by a fine of not more than two hundred dollars. Any person convicted under the provisions of this section shall, in addition to any imprisonment or fine, make restitution.

M.G.L. - Chapter 266, Section 94

[ballengerb1]

Unless this is a virgin piece of land the surveyor does not place a monument, he locates it. You may be in a wee wee match with a skunk so maybe you need to get your own survey. A fence can be placed only where the city says it can be placed, their set backs are very critical. Folks have asked if there were witnesses, if there were they may be able to testify that he trespassed to get to your stake which was on your land.

[ScottGem]

If you did not get permits or check requirements before attempting to put up a fence, you made a mistake. Often the contractor will do this for you as part of the deal.

That's why I said earlier you need to check everything with the town and get permission to put up the fence and where to locate it. And then he can call the police all he wants, you just flash your permits and they will go away.

[smoothy]

Where I come from, and probably other places as well, it's a crime to remove or disturb survey monuments. It's something for the police to be concerned about. Where are you, BTW?

Hmmm.. wasn't aware of THAT. I should amend my statement to so state "next to" the official monument... which will be small and hard to find by the average homeowner, I never disturbed mine... I just put the stake next to them, driven to just flush to the ground. Has helped me locate the actual monument precisely several times over the years as its only an inch or two away, but inline with the property line. The buried post I mentioned would be easy to find if you needed to find it without paying for a pro for your own purposes (as I have) in the future. That leaves the official ones undisturbed. The last survey I had done cost about $750 over a decade ago. Of course my property is irregular and there are actually 7 monuments on my lot.

And it goes without saying... if you didn't have the permits... thats likely why they made you stop work. Get those... and IF you have further problems... present them to the authorities at that time, at that point what your neighbor likes or dislikes is of no importance if you meet all legal requirements, and be certain you do. THey can make you take down the fence if it fails to meet all requirements at your expense. I would ignore the neighbor beyond any contact that is absolutely necessary. They probibly don't have a life or friends so they feel a need to cause problems. I've had neighbors like that over the years... and that's the best way to deal with them. You don't increase your stress levels... and you can't be pushed into doing anything that will get you in trouble.

[mpcash]

No this is not a virgin piece of land. He did not remove the monument, we found it with a metal detector, he took out the marker which his surveyor put in and buried the monument with his foot. As he has been digging for some time, the grass even on our border is now dirt, so we could not find with naked eye, it is down about 10-12". We are only requesting to put a fence up on our own property. 6" in from boundary and we are aware of setbacks from street. The town ILLEGALLY (without easement) put his grinder pump on our property. We want it off... this is our right. If his grinder pump goes out, they need our permission to come on our property to fix his grinder pump. They have an easement to fix ours. That we signed 5 years ago.