In the process of my neighbor's development and sale of some property
adjacent to ours, a new water main was installed, and now appears one of our
corner survey stakes is gone due to excavation, trenching etc...

Actually he's a pretty good guy, and a new road was put in at considerable
expense just so I would no longer have to share my driveway...given that an
abandoned easment has gotta be worth something.......and even though I did
pay him a sizable portion of money to help share the cost of the new
driveway...

Any suggestions on what might be the best way to handle this before I even
get in contact with him about the need for having said survey stake replaced
???


TIA

--

SVL

"PrecisionMachinisT" wrote in message
In the process of my neighbor's development and sale of some property
adjacent to ours, a new water main was installed, and now appears one of
our
corner survey stakes is gone due to excavation, trenching etc...

Actually he's a pretty good guy, and a new road was put in at considerable
expense just so I would no longer have to share my driveway...given that
an
abandoned easment has gotta be worth something.......and even though I did
pay him a sizable portion of money to help share the cost of the new
driveway...

Any suggestions on what might be the best way to handle this before I even
get in contact with him about the need for having said survey stake
replaced
???

Determine if they have to be replaced for one thing. Nice to have, surely,
but your hose won't fall down if it is missing.
Who took it out? Neighbor, contractor?

I'd talk to the neighbor and just ask him if he knows what happened to it.

PrecisionMachinisT wrote:
In the process of my neighbor's development and sale of some property
adjacent to ours, a new water main was installed, and now appears one
of our corner survey stakes is gone due to excavation, trenching
etc...

Actually he's a pretty good guy, and a new road was put in at
considerable expense just so I would no longer have to share my
driveway...given that an abandoned easment has gotta be worth
something.......and even though I did pay him a sizable portion of
money to help share the cost of the new driveway...

Any suggestions on what might be the best way to handle this before I
even get in contact with him about the need for having said survey
stake replaced ???


TIA

I have not seen mine in 10 years. I am not at all certain where they
are and I don't think anyone else does. That said, I still own the same
property as I did before and if I want to put up a fence or build on the
lot, I am required to have a crew come out and re-stake it, even if there is
one already there (I think mine just got buried.

--
Joseph Meehan

Dia duit

PrecisionMachinisT wrote:
In the process of my neighbor's development and sale of some property
adjacent to ours, a new water main was installed, and now appears one of our
corner survey stakes is gone due to excavation, trenching etc...

Actually he's a pretty good guy, and a new road was put in at considerable
expense just so I would no longer have to share my driveway...given that an
abandoned easment has gotta be worth something.......and even though I did
pay him a sizable portion of money to help share the cost of the new
driveway...

Any suggestions on what might be the best way to handle this before I even
get in contact with him about the need for having said survey stake replaced
???


TIA

--

SVL



I lost track of the stakes on my property during the 19 years since we
built the place.

A new neighbor moved in next door a couple of years ago and had
landscapers excavate some of the slope down from the part of my backyard
we use and also install some stone retaining walls, shrubbery and lawn
there.

I kinda had a feeling they'd come "over the line" but I kept my mouth
shut and hired a surveyor who staked out the place for me and gave me a
plot plan with numerous reference distances from the perimeter of our
homes foundations marked on it. (A $1,100 cost).

Once the stakes went in I took a whole bunch of photos from various
angles showing them in relationship to fixed objects so I'll at least
have a little better reference if I get curious again in the future.

I had remembered correctly. One of the freshly planted corner stakes was
stuck into the neighbor's new lawn and portions of the masonry work he'd
had done wwere clearly about five feet onto my side of the line
separating us.

I'd only met the neighbors briefly a couple of times when we waved hello
to each other, but I looked up their names. Their phone was unlisted so
I made a polite attempt to put things right by sending them a letter
describing the situation and offering to sell him the property he was
using for its tax assessed value (About $5,000) if he paid the
associated titling and registration costs, or I would "rent it" to them
for just the aportioned property tax I'm paying on that bit of land.
(About $100 a year.)

The husband played Denny the Dunce and when I saw him outside a month
later and pinged him about it he mumbled something about having to hire
his own surveyor before he could give me an answer. Two months later I'd
heard nothing further from him.

Our lot happens to be "Registered Land" here in Taxachusetts, which
according to my lawyer is a higher form of land documentation not
subject to anyone gaining rights to continued use through adverse
possession.

My lawyer (wisely I think) advised me not to get into a legal ****ing
contest with that skunk because the costs would likely exceed the value
of that bit of land, which I wasn't using anyway. Because of the eight
foot drop down a steep slope from my backyard down to the neighbor's
backyard the land he grabbed looks like it's part of his lot anyway, so
I would come out seeming "the dog in the manger" if I started a lawsuit
over it.

I'd much rather not have to live next door to someone I was in a
declared feud with, so I just explained the registered land thing to the
neighbor and told him he could go on using it, but with the risk that a
subsequent owner of my lot might not be of like mind.

However, I must confess that the devil has made me start dumping every
bit of my vegetative garden trash, up to and including small tree
branches, over my fence onto what's still my land so that the neighbor
can suffer a view of what I can easily say I was using as my composting
area for years before they moved in. It's even better if he happens to
see me while I'm tossing another trash barrel full over, so I can wave
cheerfully to him.....and he's obligated to respond. (I conjure up
mental images of living in olde England, opening my bedroom window, and
dumping a full chamberpot onto the head of someone on the sidewalk two
floors below.)G

**********

All of which reminds me of a quote I read earlier today:

We receive three educations, one from our
parents, one from our schoolmasters, and
one from the world. The third contradicts
all that the first two teach us.

Charles Baron De Montesquieu (1689-1755)

**********

Jeff

--
Jeffry Wisnia

(W1BSV + Brass Rat '57 EE)

"Truth exists; only falsehood has to be invented."

Jeffry wrote: A great tale! Heeheee! Tom

However, I must confess that the devil has made me start dumping every
bit of my vegetative garden trash, up to and including small tree
branches, over my fence onto what's still my land so that the neighbor
can suffer a view of what I can easily say I was using as my composting

area for years before they moved in. It's even better if he happens to
see me while I'm tossing another trash barrel full over, so I can wave
cheerfully to him.....and he's obligated to respond. (I conjure up
mental images of living in olde England, opening my bedroom window, and

dumping a full chamberpot onto the head of someone on the sidewalk two
floors below.)G

Talk about $h*tting in your own nest, sounds like a great way to build
neighborly good will that can be a real help in a crisis. He may fail
to remember a good description of the thief that burgles your house, or
go take a nap when you need him to call an ambulance...-Jitney

"PrecisionMachinisT" wrote in message
...
In the process of my neighbor's development and sale of some property
adjacent to ours, a new water main was installed, and now appears one of
our
corner survey stakes is gone due to excavation, trenching etc...

Actually he's a pretty good guy, and a new road was put in at considerable
expense just so I would no longer have to share my driveway...given that
an
abandoned easment has gotta be worth something.......and even though I did
pay him a sizable portion of money to help share the cost of the new
driveway...

Any suggestions on what might be the best way to handle this before I even
get in contact with him about the need for having said survey stake
replaced
???


TIA

--

SVL

My corner stakes are a PVC pipe but there are also steel or bronze pipes
buried in the ground next to them. I don't think anyone is allowed to
remove the buried markers, at least not where I live (Riverside County CA).
If you poke around a little or have a metal detector maybe they are still
there.

wrote:

However, I must confess that the devil has made me start dumping every
bit of my vegetative garden trash, up to and including small tree
branches, over my fence onto what's still my land so that the neighbor
can suffer a view of what I can easily say I was using as my composting

area for years before they moved in. It's even better if he happens to
see me while I'm tossing another trash barrel full over, so I can wave
cheerfully to him.....and he's obligated to respond. (I conjure up
mental images of living in olde England, opening my bedroom window, and

dumping a full chamberpot onto the head of someone on the sidewalk two
floors below.)G

Talk about $h*tting in your own nest, sounds like a great way to build
neighborly good will that can be a real help in a crisis. He may fail
to remember a good description of the thief that burgles your house, or
go take a nap when you need him to call an ambulance...-Jitney


I figured that with friends like him I didn't need enemies, Jitney.

Why would I expect someone who has already shown himself to have the
morals of a thief to help me if and when I needed it?

I'll rely on my alarm system and my other decent neighbor friends for
help when I need some.

If I was filled from my toes to my waist with Milk of Magnesia, and from
my waist to my neck with Ex Lax, I'd sooner trust a fart than trust that
encroaching neighbor below.

Jeff

--
Jeffry Wisnia

(W1BSV + Brass Rat '57 EE)

"Truth exists; only falsehood has to be invented."

"Ulysses" wrote in message
...

"PrecisionMachinisT" wrote in message
...
In the process of my neighbor's development and sale of some property
adjacent to ours, a new water main was installed, and now appears one of
our
corner survey stakes is gone due to excavation, trenching etc...

Actually he's a pretty good guy, and a new road was put in at
considerable
expense just so I would no longer have to share my driveway...given that
an
abandoned easment has gotta be worth something.......and even though I
did
pay him a sizable portion of money to help share the cost of the new
driveway...

Any suggestions on what might be the best way to handle this before I
even
get in contact with him about the need for having said survey stake
replaced
???


TIA

--

SVL

My corner stakes are a PVC pipe but there are also steel or bronze pipes
buried in the ground next to them. I don't think anyone is allowed to
remove the buried markers, at least not where I live (Riverside County
CA).
If you poke around a little or have a metal detector maybe they are still
there.


THx

Nope, I was there while he was in the middle of his digging, he struck the
electric utility primary, it shut down our machine shop for several
hours.......

I saw all the mess, and I watched the utility company splice the wire......I
also saw the old rebar stake with its little yellow cap sticking out of the
dirt pile.

Its ****ing gone.

--

SVL

PrecisionMachinisT wrote:
"Ulysses" wrote in message
...

"PrecisionMachinisT" wrote in message
...

In the process of my neighbor's development and sale of some property
adjacent to ours, a new water main was installed, and now appears one of

our

corner survey stakes is gone due to excavation, trenching etc...

Actually he's a pretty good guy, and a new road was put in at

considerable

expense just so I would no longer have to share my driveway...given that

an

abandoned easment has gotta be worth something.......and even though I

did

pay him a sizable portion of money to help share the cost of the new
driveway...

Any suggestions on what might be the best way to handle this before I

even

get in contact with him about the need for having said survey stake

replaced

???


TIA

--

SVL


My corner stakes are a PVC pipe but there are also steel or bronze pipes
buried in the ground next to them. I don't think anyone is allowed to
remove the buried markers, at least not where I live (Riverside County

CA).

If you poke around a little or have a metal detector maybe they are still
there.



THx

Nope, I was there while he was in the middle of his digging, he struck the
electric utility primary, it shut down our machine shop for several
hours.......

I saw all the mess, and I watched the utility company splice the wire......I
also saw the old rebar stake with its little yellow cap sticking out of the
dirt pile.

Its ****ing gone.

--

SVL




It's not THAT big a deal. Your survey may reference that marker, but
the township should have other markers that can be used.

I'd have it replaced soon though. The survey may not be cheap if the
surveyor has to look up a couple of properties to find the next nearest
reference mark. (Make sure the other guy pays. Or better yet the
contractor who dug the marker up)

Brad

On Sat, 20 Aug 2005 00:31:09 -0700, "PrecisionMachinisT"
wrote:


"Ulysses" wrote in message
...

"PrecisionMachinisT" wrote in message
...
In the process of my neighbor's development and sale of some property
adjacent to ours, a new water main was installed, and now appears one of
our
corner survey stakes is gone due to excavation, trenching etc...

Actually he's a pretty good guy, and a new road was put in at
considerable
expense just so I would no longer have to share my driveway...given that
an
abandoned easment has gotta be worth something.......and even though I
did
pay him a sizable portion of money to help share the cost of the new
driveway...

Any suggestions on what might be the best way to handle this before I
even
get in contact with him about the need for having said survey stake
replaced
???


TIA

--

SVL

My corner stakes are a PVC pipe but there are also steel or bronze pipes
buried in the ground next to them. I don't think anyone is allowed to
remove the buried markers, at least not where I live (Riverside County
CA).
If you poke around a little or have a metal detector maybe they are still
there.


THx

Nope, I was there while he was in the middle of his digging, he struck the
electric utility primary, it shut down our machine shop for several
hours.......

In Arizona here's what our law says about that:

40-360.22. Excavations; determining location of underground
facilities; providing information; excavator marking; on-site
representative; validity period of markings; liability for misuse of
locate requests; detectible underground locating devices; civil
penalty

A. A person shall not make or begin any excavation in any public
street, alley, right-of-way dedicated to the public use or utility
easement, in any express or implied private property utility easement,
without first determining whether underground facilities will be
encountered, and if so where they are located from each and every
underground facilities operator and taking measures for control of the
facilities in a careful and prudent manner.


I saw all the mess, and I watched the utility company splice the wire......I
also saw the old rebar stake with its little yellow cap sticking out of the
dirt pile.

Its ****ing gone.

In Arizona here's what our law says:

D. A person who knowingly or by gross negligence destroys,
disfigures, removes or disturbs monuments described in subsection C or
other permanent monuments set by the land surveyor which have the land
surveyor's or public agency's cap or tag affixed to the monument is
guilty of a class 2 misdemeanor.

E. A person acting independently or a person in responsible charge of
another person who destroys, disfigures or disturbs monuments
described in subsection C or other permanent monuments set by the land
surveyor which have the land surveyor's or public agency's cap or tag
affixed to the monument shall be civilly liable to the state,
political subdivision or any other person for all costs associated
with restoration or replacement of any monument destroyed, disfigured,
removed or disturbed. The remedies under this subsection are in
addition to any penalty which can be imposed under subsection D.

I'm sure your state has similar.

Here's a personal example of the importance of this stuff:

The property I'm on was once owned jointly by two brothers. When
brother "A" decided to build this house he and brother "B" did a straw
deed split. The original parcel was 4 acres, less a 30' road easement
at one end. The new deeds were worded such that each brother suffered
a loss of 15 feet. While complicated, the language was understandable
with careful reading.

In my purchase contract I demanded that the seller hire a registered
surveyor to find or place corner pins. This was done and the surveyor
drafted a new property description. The problem was that he revised
the language and the title company used (and insured) his description
rather than the one previously recorded.

Brother B then sold his parcel to an adjacent neighbor, who split off
a piece to expand his propery and make it impossible to build more
than one house on the remainder. He then built the one house on spec.
By chance I saw that one survey pin had been moved.

The neighbor had determined (correctly) that the new survey was wrong;
the surveyor had given me back the 15' that I shouldn't own. The
neighbor decided (incorrectly) that He could move the pin. When I
informed him of his misdeed (no pun intended) he contacted the
surveyor, who had to redo the survey at his expense.

I now had a clouded title so my lawyer filed a claim against my title
insurance who had to pay me for my "lost" land, for the drawing of a
new deed, and my lawyer's fees.

Talk to the neighbor and tell him that it's important to you that the
pin be replaced by a registered surveyor in case you ever want to
sell, build, etc. If he is a good neighbor, he should see your
position and comply. If he isn't then you know where you stand with
him and you can go from there.

"Wes Stewart" wrote in message
...
===Snip===


Talk to the neighbor and tell him that it's important to you that the
pin be replaced by a registered surveyor in case you ever want to
sell, build, etc. If he is a good neighbor, he should see your
position and comply. If he isn't then you know where you stand with
him and you can go from there.



Wes,

Thanks, lotsa good infor there.

--

SVL

PrecisionMachinisT wrote:
"Ulysses" wrote in message
...

"PrecisionMachinisT" wrote in message
...

In the process of my neighbor's development and sale of some property
adjacent to ours, a new water main was installed, and now appears one of

our

corner survey stakes is gone due to excavation, trenching etc...

Actually he's a pretty good guy, and a new road was put in at

considerable

expense just so I would no longer have to share my driveway...given that

an

abandoned easment has gotta be worth something.......and even though I

did

pay him a sizable portion of money to help share the cost of the new
driveway...

Any suggestions on what might be the best way to handle this before I

even

get in contact with him about the need for having said survey stake

replaced

???


TIA

--

SVL


My corner stakes are a PVC pipe but there are also steel or bronze pipes
buried in the ground next to them. I don't think anyone is allowed to
remove the buried markers, at least not where I live (Riverside County

CA).

If you poke around a little or have a metal detector maybe they are still
there.



THx

Nope, I was there while he was in the middle of his digging, he struck the
electric utility primary, it shut down our machine shop for several
hours.......

I saw all the mess, and I watched the utility company splice the wire......I
also saw the old rebar stake with its little yellow cap sticking out of the
dirt pile.

Its ****ing gone.

--

SVL






He hit the utility *primary* (at least 7000V, more likely 11kV+)?
I would have paid to see that.

Best regards,
Bob

"PrecisionMachinisT" wrote in message

| "Ulysses" wrote in message
| ...
| |
| | "PrecisionMachinisT" wrote in
| | message ...
| | | In the process of my neighbor's development and sale of some
| | | property adjacent to ours, a new water main was installed, and
| | | now appears one of our corner survey stakes is gone due to
| | | excavation, trenching etc...
| | |
| | | Actually he's a pretty good guy, and a new road was put in at
| | | considerable expense just so I would no longer have to share my
| | | driveway...given that an abandoned easment has gotta be worth
| | | something.......and even though I did pay him a sizable portion
| | | of money to help share the cost of the new driveway...
| | |
| | | Any suggestions on what might be the best way to handle this
| | | before I even get in contact with him about the need for having
| | | said survey stake replaced ???
| | |
| | |
| | | TIA
| | |
| | | --
| | |
| | | SVL
| | |
| | My corner stakes are a PVC pipe but there are also steel or bronze
| | pipes buried in the ground next to them. I don't think anyone is
| | allowed to remove the buried markers, at least not where I live
| | (Riverside County CA). If you poke around a little or have a metal
| | detector maybe they are still there.
| |
|
| THx
|
| Nope, I was there while he was in the middle of his digging, he
| struck the electric utility primary, it shut down our machine shop
| for several hours.......
|
| I saw all the mess, and I watched the utility company splice the
| wire......I also saw the old rebar stake with its little yellow cap
| sticking out of the dirt pile.
|
| Its ****ing gone.


Gosh PV, don't you get enough advice from the other groups?
I can't even lurk here now, without worrying that you're gonna be
mucking up the works g.

Our shop is on a street corner and a few years back we realized the the
property stakes were gone. We share a border, though, with a church and
a firehouse. I'm not gonna lose sleep over it ;-)

Tom

"zxcvbob" wrote in message
...
PrecisionMachinisT wrote:
"Ulysses" wrote in message
...

"PrecisionMachinisT" wrote in message
...

In the process of my neighbor's development and sale of some property
adjacent to ours, a new water main was installed, and now appears one
of

our

corner survey stakes is gone due to excavation, trenching etc...

Actually he's a pretty good guy, and a new road was put in at

considerable

expense just so I would no longer have to share my driveway...given
that

an

abandoned easment has gotta be worth something.......and even though I

did

pay him a sizable portion of money to help share the cost of the new
driveway...

Any suggestions on what might be the best way to handle this before I

even

get in contact with him about the need for having said survey stake

replaced

???


TIA

--

SVL


My corner stakes are a PVC pipe but there are also steel or bronze pipes
buried in the ground next to them. I don't think anyone is allowed to
remove the buried markers, at least not where I live (Riverside County

CA).

If you poke around a little or have a metal detector maybe they are
still
there.



THx

Nope, I was there while he was in the middle of his digging, he struck
the
electric utility primary, it shut down our machine shop for several
hours.......

I saw all the mess, and I watched the utility company splice the
wire......I
also saw the old rebar stake with its little yellow cap sticking out of
the
dirt pile.

Its ****ing gone.

--

SVL






He hit the utility *primary* (at least 7000V, more likely 11kV+)?
I would have paid to see that.


11 kv.--just goes berblang up at the pole where the service goes from
overhead to underground--not much different than when a squirrel commits
suicide......I wasnt there at that point though....

Fwiw I know the procedure for safely excavating around / exposing utilitys
without actually striking them...( use a shovel and dig by hand, letting
gravity be your freind and also carefully spot the hoe operator so that he
dont dig into any virgin soil, as he is sposed to be only the loosened dirt
up out of the ditch )

--

SVL

"Tom Accuosti" wrote in message
m...

Well Hiya Tom !!!



Gosh PV, don't you get enough advice from the other groups?
I can't even lurk here now, without worrying that you're gonna be
mucking up the works g.


Thats PM......PV is somebody else, lives much nearer to where your at,
IIRC....

As far as "mucking" goes...well...see cat.....see cat's tail....pull....

Repeat until bored, depending upon cat's reaction....


Our shop is on a street corner and a few years back we realized the the
property stakes were gone. We share a border, though, with a church and
a firehouse. I'm not gonna lose sleep over it ;-)


Actually, that land is all but useless to me anyway, only a small
corner...maybe 1/8 acre tops and with their driveway running across it and
transformer / phone pedestal etc opposite the drive......so considering
giving them a quit claim to it if they would just survey the area to be
given up.

--

SVL

"PrecisionMachinisT" wrote in message

| "Tom Accuosti" wrote in message
| m...
|
| Well Hiya Tom !!!
|
| |
| |
| | Gosh PV, don't you get enough advice from the other groups?
| | I can't even lurk here now, without worrying that you're gonna be
| | mucking up the works g.
| |
|
| Thats PM......PV is somebody else, lives much nearer to where your at,
| IIRC....

Er... I did type that, didn't I? Damn, that explains the last crash I
had on the lathe...


| | Our shop is on a street corner and a few years back we realized the
| | the property stakes were gone. We share a border, though, with a
| | church and a firehouse. I'm not gonna lose sleep over it ;-)
| |
|
| Actually, that land is all but useless to me anyway, only a small
| corner...maybe 1/8 acre tops and with their driveway running across
| it and transformer / phone pedestal etc opposite the drive......so
| considering giving them a quit claim to it if they would just survey
| the area to be given up.

I've been lurking here for a while on and off and missed the original
posts. Sounds like you had an interesting day back then g.

Tom