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ScottyMacEsq
ScottyMacEsq, Attorney
Category: Legal
Satisfied Customers: 11339
Experience:  Licensed Texas General Practice Attorney
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do you know the steel pins between lot border? Is it usually

Customer Question

do you know the steel pins between lot border? Is it usually means border?
Submitted: 1 year ago.
Category: Legal
Expert:  ScottyMacEsq replied 1 year ago.

ScottyMacEsq :

Thank you for using JustAnswer. I am researching your issue and will respond shortly.

ScottyMacEsq :

Yes, these are called "border markers" and generally are laid out along the surveyed boundaries, particularly in a "metes and bounds" type lot. That is a surveyor's description of a parcel of real property, using carefully measured distances, angles, and directions, which results in what is called a "legal description" of the land, as distinguished from merely a street address or parcel number. Such a metes and bounds description is required to be recorded in official county record on a subdivision map and in the deeds when the boundaries of a parcel or lot are first drawn.

ScottyMacEsq :

And the steel pins or other boundary markers are typically put there by surveyors.

ScottyMacEsq :

This does not mean that the survey is correct or that they're in the correct place. But it's a pretty good indication of that fact.

ScottyMacEsq :

Hope that clears things up a bit. If you have any other questions, please let me know. If not, and you have not yet, please rate my answer. Please note that I don't get any credit for my answer unless and until you rate it a 3, 4, 5 (good or better). Thank you, XXXXX XXXXX luck to you!

Customer:

what is your suggestion for next step

ScottyMacEsq :

What do you mean?

ScottyMacEsq :

You asked if they mean the border... Do you have another question pertaining to a specific situation?

Customer:

your answer is good. can you be more direct

Customer:

i call my side of survey company

Customer:

when result come out if it is different from our neighbour's how should i do

Customer:

i sue him talk with him

Customer:

this guy is such a big lier since we move in

ScottyMacEsq :

If there is a "battle" of the surveys, and two different surveys saying two different things, then it would need to go to court (if he would not be willing to compromise) for the court to likely appoint a third surveyor, which would be the "tiebreaker".

Customer:

alway try to do his project in my land

ScottyMacEsq :

That would be in what's known as a "quiet title" action.

Customer:

where i go do i need lawyer

ScottyMacEsq :

Understood. It's possible that he doesn't even have a survey, and if you get a survey that shows that he's doing it in your land, you can first send him a "cease and desist" letter, telling him to stop it.

ScottyMacEsq :

If he still doesn't, you can take him to court for trespass.

ScottyMacEsq :

(and/or a "quiet title" action)

Customer:

it is maybe easy to you. i move to AZ tucson only 6 monthes. which court i go

ScottyMacEsq :

It's by no means easy.... That's why you would want to use the cease and desist letter first.

Customer:

what is that, who give out

ScottyMacEsq :

I'm sorry?

Customer:

I write the letter or my lawyer

ScottyMacEsq :

the cease-and-desist letter is a letter that you draft, telling him to cease and desist his activities on your land, otherwise you will take them to court.

ScottyMacEsq :

Either you or your lawyer.

ScottyMacEsq :

But a lawyer drafting it gives it more "weight", and shows the neighbor that you're serious.

Customer:

do you think it is leagel I put a line on the two pins I think it is the border

ScottyMacEsq :

you can certainly do that, in that it is not illegal so long as you are not trespassing on his land. If it is your land, or if it is the border, then there is no law that says you cannot do this.

Customer:

at least he not pretend always he does not on purpose

Customer:

if the manager office say no but i STill can instite

Customer:

l know what your means of weight. can you be my lawyer? how you charge

ScottyMacEsq :

If by a manager office, you mean some office that administrates the community / neighborhood, and there's a policy specifically that says you can't do this, then you can't, but if there's nothing that specific, then you can.

ScottyMacEsq :

unfortunately, I cannot serve as your attorney, pursuant to the terms of service of the site. The terms of service specifically say that we cannot take on representation.

Customer:

no rules for that line thing

ScottyMacEsq :

That being said, I would suggest contacting an attorney in your area that deals with real estate cases. You can also contact the AZ state bar association, and ask for a referral.

Customer:

can i next time talk with you? how i find you

ScottyMacEsq :

Yes. You can direct a question "To ScottyMacEsq" and it should get to me.

ScottyMacEsq :

please note that I may be away from the desk or otherwise helping another customer, and so there might be a slight delay to when I can answer your follow-up question.

Customer:

can you give me some names

ScottyMacEsq :

Unfortunately, no I cannot even make a referral, as that is also prohibited in the terms of service of the site. I wish that I could.

Customer:

you are quick response enough

Customer:

i can call them to get the number

ScottyMacEsq :

Do you mean the state bar association?

ScottyMacEsq :

You can contact them here: http://www.azbar.org/FindaLawyer

Customer:

if you in my shoes how should you do with such a neighbour. he always builts at midnight. he complains his other neighbour takes his land how much how much

ScottyMacEsq :

I understand. Like I said already, I would survey, then send a cease and desist. Only if he still does not comply, would I take it to court.

Customer:

good

ScottyMacEsq :

Hope that clears things up a bit. If you have any other questions, please let me know. If not, and you have not yet, please rate my answer. Please note that I don't get any credit for my answer unless and until you rate it a 3, 4, 5 (good or better). Thank you, XXXXX XXXXX luck to you!

Customer:

do i still have time

ScottyMacEsq :

For?

Customer:

i feel no confidence like this morning i talk with manager or in the furture the letter, my english is just so so. we came form china 10 years ago

ScottyMacEsq :

If you have a survey that says it's your land, then the law would be on your side.

ScottyMacEsq :

Did you have any other questions before you rate this answer?

Customer:

no

ScottyMacEsq, Attorney
Category: Legal
Satisfied Customers: 11339
Experience: Licensed Texas General Practice Attorney
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