penalty for removing survey markers in texas

The foregoing is not intended as legal advice, but solely as general information.

Whether you want to or should take such a step will depend on a lot of factors, including your desire to spend the money on litigation and whether there are any facts that may indicate your neighbor has a claim for adverse possession as to the area between the fence and the markers. The only way I can think of to get the neighbor to stop is to file a quiet title action against the neighbor, combined with a request for an injunction - a court order for the neighbor to stop pulling the markers. Because it doesn't sound like there have been any personal confrontations involved, this probably doesn't rise to the level of harassment for which most counties in WA have made getting an anti-harassment order fairly streamlined. I don't think the police or sheriff will get involved in a private property dispute unless there is a court order being violated. It sounds to me like the neighbor is pulling up the markers because he perceives them to be on his property.

If you haven't, that may be a better solution than a legal one. As with most insurance companies, they may not be pleased at your report so I advise seeking counsel of a real estate attorney to represent you not only against the neighbor but with the title company.First, I wonder if you have talked to the neighbor to explain why the markers are there and ask him to stop removing them. You need to contact your title insurance company for it is their duty to defend against this survey and if needed to go to court to resolve the conflict between surveys, the title company should defend. When ALTA homeowner's insurance is purchased, they should have made an inspection to guarantee the house sits on the described property and there are no encroachments infringing on the property or dwelling. Presumably you have ALTA title insurance, obtained when you bought the house. You need to have a survey run and if the two surveys disagree, then it is a matter for the courts to decide which is correct. No! It is a crime with fines and penalties to remove a surveyor's pin or stake in every state I know of.

and all but touching the back corner of my house. Can a surveyors pin be removed if it doesn't agree with the original deed? my deed says the property line runs 1 foot west of & parallel to my house.My neighbors surveyor told them the propety lines run on a diagonal line, Thus coming in 26' on the back end of my property.

Penalty for removing survey markers in texas