WHAT ARE MY OPTIONS IF MY NEIGHBOR KEEPS REMOVING MY SURVEY STAKES PLACED DURING A RECENT SURVEY?

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WHAT ARE MY OPTIONS IF MY NEIGHBOR KEEPS REMOVING MY SURVEY STAKES PLACED DURING A RECENT SURVEY?

Asked on May 24, 2011 under Real Estate Law, Illinois

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

The issue is probably not the stakes per se--it's that your neighbor seems to not agree with the boundary.

You could call the police on your neighbor, on the grounds they are trespassing. That may force matters to a head.

You could discuss matters with your neighbor--find out what their concern or issue is. Once you know it, you  can try to resolve it. If there is a boundary dispute, you may need to go to court for an order fixing the boundary (a declaratory judgment; that is, a judgment declaring what the boundary is, or whose deed or survey is correct). If  you and your neighbor can't work things out, only the courts can determine the proper boundary.


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