Did a little boundary survey for a fellow having trouble with his neighbor. Neighbor took a bulldozer and cleared the fellows fence and half his garden. Client suspects the neighbor of moving the property corners, wants me to verify they're in the right place. I checked into half a dozen corners in the subdivision, everything checks as well as can be expected for subdivision done in the 1970's. I also have ties to controlling corners from earlier work in the area. Talk to the troublesome neighbor and cool as a cucumber, he says the corners are all wrong and he's going to have his own surveyor out to straighten things out. 'Fine', I tell him, 'you're well within your right to do that.' Mind you I'd just watched some video of this man swing a large stick around screaming, 'I'll kill you! I'll kill you!'. I told him I'd stake the boundary in the same place whether it was he or my client paying me.
So yesterday I get a call from the client. His neighbor went out the night before and dug up the offending corner pins and moved them to where he thinks they should go. I'm going back to reset them this weekend and stake the line so my client can build a fence and post no tresspassing signs. I'm just wondering if I should contact the State Troopers ahead of time to give them a heads up they may be getting a call.
I confess to being just a little nervous. Thinking of bringing one of my mastiffs.
I've had to make that call on two occasions. Once the adjoiner of the 40 acre parcel I was surveying greeted me with his billy bob pick up truck and his shot gun in hand. Sheriff came out and reminded him that surveyors have the right to trespass. Yes, I was driving along the fence line in his open field to set the rear corner. Only after I knocked on the door, but nobody answered.
Other time a guy decided to let his 2 doberman's out. I was 500' from his property, but it was heavy woods. I kinda befriended the dogs, but called anyway and the sheriff (different county) told the guy to leash his dogs.
I don't think it was the first visits those sheriffs had made to either owner, and they were there quite quickly. Some people you just can't reason with.
Don't know the surveyors right to trespass laws in AK, but I'd be real quick to call them for your own safety. Only AFTER I've received payment in full. One option is to schedule the replacement with his construction, so you know he's in the right spot. Take pictures for your records. After that its a civil matter and I would be long gone.
Hire an off duty police officer, with patrol car, to stand there and watch while you do the work. That is the only way I would go near that place.
I remember calling the police department one time to see about having someone magically appear for the 20 minutes I needed to go back and set the final corners that were going to make the yelling/screaming/red-in-the-face abutter very unhappy. After hearing my request and getting my responses to some very good questions, I was told they would be happy to help. Then they asked for the address. I told them. They said, "Oh, yeah. You're talking about a skinny, tall guy with gray hair and a handlebar mustache." I confirmed that was correct. They said, "Don't worry a bit about him. All he does is blow and go and try to convince you that he will injure you. But, he has never done anything physical to anyone, ever." Well, in that case, nevermind.
Had a couple from Dallas meet me out in a remote part of the county to survey their property
I met them at the entrance of the property and as we got our gear ready the man's 90lb wife came out with a stainless 12ga riot gun with extended shell tube.
The neighbor had let dogs loose on them at their last visit.
She says, "don't worry, I got your back, ain't no dog gonna keep me off my property".
When I know there will be trouble I make a call to the county sheriff and ask for someone with badge to show up and hang around long enough to make sure things are up to snuff with the neighbors.
Your client needs to contact the authorities before you go there anyway and report the destruction of property, take pictures of where they were dug out and whatever evidence that may be left.
I've found out that dogs don't like machetes. I've never struck a dog or other animal with one. All you have to do is point it at the critter and they know it is some big claw that will harm them.
I've never seen a dog go thru a barrier like a hedge or tree line or brush to see what that big image they cannot identify from scent or sight unless they were ordered to, at which time, the event turns from a disagreement into a felony assault charge.
0.02
If you feel nervous you should call the police. I've had them called on me several times in the last few months, but the people calling them have always been disappointed.
You should also send the neighbor a bill for your time to reset the corners. He won't pay it, but it might get a point across.
I've had to have "security" quite a few times to keep the peace. The deputies always complained that I went to work too early. To satisfy them we would wait until 9:00am or after noon. Cramped my style a little but its better than getting attacked by the angry party. I always try to judge by their behavior whether or not they are a real threat or only bluffing. If there's any doubt, call the police. In a small town you usually hear of a person's reputation and know what to do. We've had some really tense situations, usually when you least expect it (no known dispute).
Take some extra, extra, extra long monuments to set. Although I guess with his bulldozer it wouldn't matter. Did you ask him him how he or his surveyor arrived at their boundary conclusions? As you can see, I'd probably get my azzz whupped at this project location from being a smartazzzz.
i have seen several different flavors of hostile adjoiner, from the man that invites me into his office for a conference call with his attorney, to the one that walks out with his gun, to the one that quietly sets his dogs on us (after no response to knocking at the door)
we have asked police/sheriffs to help us. usually they are happy to
I usually send those surveys to my competitors .
I assume that it is illegal to move survey markers in Alaska?
If that is the case, and since you have evidence of where the monuments were, might it be appropriate to contact the prosecuting attorney and discover what, if any charges could be brought? (And what sort of evidence would be needed to convict.)
:good:
Yes. Get the law to roll with you and be there as a witness. Also, and this is my personal touch, get someone to keep the SOB busy while you set sleeper corners on line, x's in concrete, something on projections of the line that the law can see and identify. Then, WHEN the SOB moves them under the cover of darkness, you can prove they aren't where you restaked them.
I live for jobs like this one. I love to take a bully down.
This just begs for a motion activated game camera with night vision. Nothing like photographs of him yanking the corners.
Some good suggestions. Thanks. I will definitely be making a call to the authorities ahead of time to talk with the trooper working in the area. I'll take plenty of photos and set some sleeper RP's out of sight. My instinct is that this guy isn't playing with a full deck.
Have the feeling the real fun is going to start when then fence goes up, but I hope to be paid and long gone by then. While I'm pretty good at keeping my cool, my 120 lb. mastiff bitch, not so much. She'd do her best to kill the guy if he even came close to me with bad intentions. She's got the Kujo thing down. Probably best she stays in the truck unless all hell breaks loose.
Carry on.
And I bet that made you feel a whole lot better:-)
Sounds like a job for Taser Surveyor!
Having the name of a few constables on your rolodex isn't a bad idea
