Legal Question in Real Estate Law in California
movement of survey monument by unlicensed person our of survey boundaries
Is there a law in the State of California prohibiting a non licensed person to move a surveyors monument outside the property's boundaries. We actually observed him in the act of moving it and when we confronted him he said ''my concern is not with you or your ''cracker jack'' houses, my concern is with my property. We believe he wants to extend his property line illegally for one of two reasons: either he wants to put a gate across the road leading down to our properties or two: he wants to prove to the county, who he is embroiled in an argument with because the planning department will not issue him a permit to build on his property because he does not have enough usable property. Either way, we project his movement of this monument is for one or both of those reasons. Has he done anything illegal yet?! Or, is there some code enforcement law stating he cannot tamper with a monument placed by a california board certified surveyor? This surveyors map was recorded in the santa cruz county recorders office.
2 Answers from Attorneys
Re: movement of survey monument by unlicensed person our of survey boundaries
As Jack Webb would say, this guy has committed a 605 (Penal Code). Call the police. And also sue him for the costs of having a surveyor reset the marker. The dummy has obviously never heard of GPS.
Re: movement of survey monument by unlicensed person our of survey boundaries
It's been a misdemeanor to move a survey monument since 1872. As Mr. Stone correctly pointed out, you should call the police, and you should sue him to have a new survey. I have this very issue in a case that I am litigating right now.
Very truly yours,
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