Legal Question in Real Estate Law in California
survey hole
We fenced and gated our property several years ago. Now we had to allow surveyors on to our land to ''inspect'' the area. On the n.e. corner of our land, they dug a large hole app. 3ft. deep and a circumfrence of 3ft. The property pin was pulled up 12 years ago, so we drove a t-post at least 3ft. down into the ground where the property corner pin had been pulled up. Is it a crime that the surveyors left this hole on my land and didnt bother to fill in the hole and replace the post marker as we had left it ? This doesnt seem right.
1 Answer from Attorneys
Re: survey hole
It is not a criminal act but is the basis for a civil suit. Why did they come onto your property? It probably does not matter, but in general they have no right to enter your property. They do have an obligtion to restore the property to the same general condition that it was in before and certainly not create a hazzard. Contact them to fix it immediately or bring sut in Small claims Court for your damage,which would be the cost of covering up the hole, replacing the pin, slight amount of mental anguish, possible trespass to your property if they improperly claimed they had the right to go onto your property.
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