Legal Question in Real Estate Law in New Jersey
Survey markers
I observed a neighbor pull wood survey stakes out of the ground along our contiguous boundary after we had a survey done. Since then I have asked the surveyor to put in iron pipes which he did. Is it illegal to remove survey markers in NJ and if so, what is/are the penalty(ies)? Thank you
1 Answer from Attorneys
Re: Survey markers
As long as the stakes are within your property lines, your neighbor has no right or authority to remove them. I suggest taking pictures of them, so if they are removed again, you have verification they were installed. Your recourse, if they are removed by the neighbor, is to sue for cost of replacement and to get an injunction against further removal, plus your costs of suit and attorney fees. I also suggest sending your neighbor a certified letter (return receipt requested to verify receipt) informing him of what you have done (nicely) and that they are on your property and are not to be removed. This is a response to an Internet question and the reply is not intended to be legal advice or to create an attorney-client relationship.