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:
You may prepare an agreement with the neighbor for establsihing the boundary line, which may contain provisions for maintenance of the markers. If you are unable to resolve the matter on your own, it is possible for mediation to take place before formal court action.
The following are Washington statutes:
RCW 58.04.007 Whenever a point or line determining the boundary between two
or more....
Whenever a point or line determining the boundary between two or more
parcels of real property cannot be identified from the existing public
record, monuments, and landmarks, or is in dispute, the landowners affected
by the determination of the point or line may resolve any dispute and fix
the boundary point or line by one of the following procedures:
(1) If all of the affected landowners agree to a description and marking
of a point or line determining a boundary, they shall document the
agreement in a written instrument, using appropriate legal descriptions and
including a survey map, filed in accordance with chapter 58.09 RCW. The
written instrument shall be signed and acknowledged by each party in the
manner required for a conveyance of real property. The agreement is binding
upon the parties, their successors, assigns, heirs and devisees and runs
with the land. The agreement shall be recorded with the real estate records
in the county or counties in which the affected parcels of real estate or
any portion of them is located;
(2) If all of the affected landowners cannot agree to a point or line
determining the boundary between two or more parcels of real estate, any
one of them may bring suit for determination as provided in RCW 58.04.020.
RCW 58.04.020 (1) Whenever the boundaries of lands between two or more
adjoining....
(1) Whenever the boundaries of lands between two or more adjoining
proprietors have been lost, or by time, accident or any other cause, have
become obscure, or uncertain, and the adjoining proprietors cannot agree to
establish the same, one or more of the adjoining proprietors may bring a
civil action in equity, in the superior court, for the county in which such
lands, or part of them are situated, and that superior court, as a court of
equity, may upon the complaint, order such lost or uncertain boundaries to
be erected and established and properly marked.
(2) The superior court may order the parties to utilize mediation before
the civil action is allowed to proceed.
RCW 58.04.015 A person who intentionally disturbs a survey monument placed
by a....
A person who intentionally disturbs a survey monument placed by a
surveyor in the performance of the surveyor's duties is guilty of a gross
misdemeanor and is liable for the cost of the reestablishment.
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.
