Quote:
Originally Posted by Pachine58
Hi, I am new homeowner in the historic side of villages. I bought a house that was built 4 years ago.
Yesterday the man who owned property next door came over to tell me my survey stakes were wrong and he owned the land. He informed me he pulled them out and removed my flags for my dog fence. Went on to tell me Lake county called him to say when house was built the villages made a mistake on property line and he owned the property..( WTH).
I looked up on county site for info and found nothing. I just paid for a survey 3 months ago which included maps.
What can I do? I’m ****ed he took my stakes and destroyed my flags. Help!
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Here is the relevant Florida statute:
“ 177.121 Misdemeanor to molest monument or deface or destroy map or plat.—It is a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083, for any person to molest any monuments established according to this part or to deface or destroy any map or plat placed on public record.”
What is meant by a monument in this law?
Section 177.031, Definitions:
“ 13) “P.C.P.” means permanent control point and shall be considered a reference monument.
(a) “P.C.P.s” set in impervious surfaces must:
1. Be composed of a metal marker with a point of reference.
2. Have a metal cap or disk bearing either the Florida registration number of the professional surveyor and mapper in responsible charge or the certificate of authorization number of the legal entity, which number shall be preceded by LS or LB as applicable and the letters “P.C.P.”
(b) “P.C.P.s” set in pervious surfaces must:
1. Consist of a metal rod having a minimum length of 18 inches and a minimum cross-section area of material of 0.2 square inches. In certain materials, encasement in concrete is optional for stability of the rod. When used, the concrete shall have a minimum cross-section area of 12.25 square inches and be a minimum of 24 inches long.
2. Be identified with a durable marker or cap with the point of reference marked thereon bearing either the Florida registration number of the professional surveyor and mapper in responsible charge or the certificate of authorization number of the legal entity, which number shall be preceded by LS or LB as applicable and the letters “P.C.P.”
(c) “P.C.P.s” must be detectable with conventional instruments for locating ferrous or magnetic objects.”
“ 15) “P.R.M.” means a permanent reference monument which must:
(a) Consist of a metal rod having a minimum length of 18 inches and a minimum cross-section area of material of 0.2 square inches. In certain materials, encasement in concrete is optional for stability of the rod. When used, the concrete shall have a minimum cross-section area of 12.25 square inches and be a minimum of 24 inches long.
(b) Be identified with a durable marker or cap with the point of reference marked thereon bearing either the Florida registration number of the professional surveyor and mapper in responsible charge or the certificate of authorization number of the legal entity, which number shall be preceded by LS or LB as applicable and the letters “P.R.M.”
(c) Be detectable with conventional instruments for locating ferrous or magnetic objects.”
These quotes are from Florida Statutes Chapter 177.
Chapter 177 - 2012 Florida Statutes - The Florida Senate
I don’t think it is illegal to pull up wooden surveying stakes with ribbons on them used as temporary references, but it is definitely illegal to remove or move a Permanent Control Point or a Permanent Reference Monument. I would suggest that you call Law Enforcement, get through to the chief, and ask what you should do if a permanent marker has in fact been moved. These permanent reference markers are indeed the basis of civilized society, or one of them. The ancient Sumerian law code, written way before the Bible, includes laws about moving property corner stones. As I recall, the punishment was death. There are also laws in the Bible against doing that.
If a permanent marker was indeed moved, a full survey isn’t necessary. The company just looks at the survey map, finds the permanent markers on both sides, measures, and puts in a new one. But the police should insist that your neighbor agree to pay for this or be arrested for a misdemeanor.