Unless you're in a non-recording state it seems unnecessary to remove the pin as the record will show the history of the corners. If that's still not good enough I would suggest contacting the surveyor who set it and ask him to remove it.
What monument?
One corner, one monument.
LONG LIVE THE PIN CUSHION!
Surveyors...
Not willing to commit because "only land owners or the court" can set a boundary.
Land owners couldn't agree, so the boundary is adjudicated by the court.
Surveyors still won't commit because... reasons.
Typical.
I agree.
The other surveyor's opinion of the common line between the two parcels has been deprecated by a court decision. That surveyor's monuments along that line were set because of, and are the physical representation of, that opinion, so they have been deprecated as well.
Most of the time, when we find a pincushion, there is uncertainty about the provenance of one or more of the monuments found. In this case, there's no question where that errant monument came from, nor is there any confusion about whether we should hold it.
It's not valid any more. Pull it.
Is there more information available. I’m just curious, based on what evidence the other surveyor held the fence line? Or how both surveyors came to their determinations. Also, could this possibly go to court again?
Pull the pin, you have the court's decision (which could only change on appeal but it sounds like that won't happen) and the prevailing survey with proper monumentation. You are the landowner and in control of your boundaries.
@on_point The disputed area, around the boundary line, is a very steep cliff. In the early 1900s our property was a cattle farm. The owners built a wire fence inside the property, not on the actual line, for convenience and the safety of the cattle. 25 years ago the owner of the neighboring property wanted to log his property. The easiest way to get his logs off was through our property. We gave him permission to build a skidder trail through our land to get up the cliff to his land so he could get his timber off. He later sold the property. The person who purchased the land used it only for hunting and we became friends with him. Apparently he believed the remains of that old fence was the property line, although we never discussed it. He since sold the property to the current owner who immediately wanted to log the land using the old skidder trail.
That's when all the "fun" began.
We gave the new owner permission (via a written temporary ROW) to use the skidder trail for access but he wanted permanent access to his property through our land. We tried to reason with him, showing him our deed, etc. Finally he said he was told the broken down meandering fence was the property line and would use it unless we could "prove him wrong".
We hired our surveyor who used the deed description (which was very specific with compass bearings, etc) to determine the line. That particular line was surveyed twice before in the past (once in 1970 and once in 1986) and all previous surveys showed the line as straight. Even after this survey our new neighbor insisted the "fence" was the property boundary and the skidder trail was on his land. He hired a surveyor and showed him the fence (we actually saw the owner with the surveyor showing him the pieces of wire left in some trees). The surveyor did not use our deed description, any of the previous surveys or our survey as a reference in his survey (according to subpoened documents). He said "long standing occupation" proved the fence was the agreed upon boundary between the properties.
We finally filed the lawsuit to settle the matter since our neighbor kept insisting he was going to take possession of the disputed piece. He even brought in an excavator and bulldozer to clear the land. Our lawyer suggested we put surveillance cameras up to monitor activity so we had evidence to show the court of him ripping out trees, clearing land, etc. A court ordered restraining order was needed to stop him from continuing.
Our neighbor did not hire a lawyer and did not call his surveyor as a witness. The court only had our surveyor and an abstractor to bring evidence of the property line. Since there was no expert witness to support the defendant's position, and a lot of evidence supporting ours, the judge ruled in our favor.
The period for appeal has past so I don't think it would go to court again.
@cflips Everything may have been done quite properly, but sounds a bit strange. If you want someone to take a look at it:
https://www.nysapls.org/general/custom.asp?page=EthicProcedures
Monument Legislation Signed into Law in New York in 2005
Destruction of Survey Monument Legislation
The court adjudicated the boundary in question with respect to the two surveys presented. The "losing" pins are not boundary markers.
This "legislation" is another great example of associations and "committees" f@cking things up. That is some of the worst language they could have used, and now they are stuck with that garbage.
At no point does any surveyor have any legal interest (property) in the monuments they set. Not only that, unless every "boundary marker" was set prior to the enacted legislation, any surveyor trying to reestablish boundaries is guilty of civil fine, xxx, whatever. Which is dumb in and of itself because crimes are misdemeanors or felonies. This is written like a bad traffic ordinance violation.
Monument Legislation Signed into Law in New York in 2005
Destruction of Survey Monument Legislation
That law lost all its teeth when this phrase was added in at the last moment
" in which he or she has no legal interest,"
as most of the pins puled are by the adjoiners
@jim-frame What if he never set a pin. Just testified to his opinion and the Judge agreed with him. Who pays for the Certificate of Survey and the survey to set the pin? If he found significant error in the Deed isn't he required to file a Certificate of Survey? Could end up a pretty expensive survey if its in a subdivision and changes the deeds of several lots.
@cflips Yep, if it's on your neighbors property per the court decision, then you can't go over there and remove it. Just makes sense.
@cflips Yep, if it's on your neighbors property per the court decision, then you can't go over there and remove it. Just makes sense.
According to the court decision our survey is accurate and the other one was not. Both surveyors set a corner pin. The inaccurate survey pin is on our property. Our neighbor was trying to claim a part of our land. So this pin, deemed not a factual monument according to the court, we see as only a source of potential confusion in the future. So, because we do have legal interest in the property and this pin is an "intruder", we want it gone. We can't get a straight answer from our lawyer or our surveyor on this matter.
I tend to think that if you, and your survey prevailed in court, that you may use/enjoy your land un-encumbered.
Build your garage, barn, flower bed, pond, driveway etc.
If your adjoiners appeal, AND prevail on appeal, then you may have to pay to have the pin put back.
Was it a landslide, easy win, or a tortious drawn out affair?
If the fight is over, you won, then pull it, frame it, and hang it in your living room.
And, put a plaque of remembrance out there, till you get ready to build your whatever.....
Do what you like. Your land.
N
