Can Neighbor A legally remove Neighbor B's boundary markers?

Full question:

Neighbor A paid for a property line survey - Neighbor B put steel T-posts on the line so the survey line would not be lost. Neighbor B put painted milk jugs on these posts (this is country property) and Neighbor A removes them promptly. We are not on 'speaking terms' and I am curious if there is any legal reason that would justify the removal of the milk jugs?

  • Category: Real Property
  • Subcategory: Neighbor Relations
  • Date:
  • State: Washington

Answer:

To resolve boundary disputes, neighbors can create a written agreement that includes boundary markers and maintenance responsibilities. If an agreement can't be reached, mediation may be necessary before taking legal action.

According to Washington law (RCW 58.04.007), if neighbors agree on a boundary line, they should document it in a written instrument, which must be signed and recorded. If they cannot agree, any neighbor can file a lawsuit for boundary determination (RCW 58.04.020). The court may also require mediation before proceeding with the case.

Additionally, intentionally disturbing a survey marker is a gross misdemeanor under Washington law (RCW 58.04.015), and the person responsible may have to pay for reestablishing the marker. Therefore, if Neighbor B's milk jugs are considered boundary markers, their removal by Neighbor A could potentially lead to legal issues.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

Yes, intentionally moving or disturbing survey stakes can be a crime. In Washington, it is considered a gross misdemeanor under RCW 58.04.015. This means that if someone removes or alters a survey marker, they could face legal consequences and may be responsible for the costs of reestablishing the marker.