Cleveland, OH asked in Real Estate Law for Ohio

Q: Can a neighbor remove a surveyor’s boundary marker under Ohio law?

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1 Lawyer Answer
Bruce Martin Broyles
Bruce Martin Broyles
  • Lancaster, OH
  • Licensed in Ohio

A: R.C. 2909.07 No person shall ….. (3) Without privilege to do so, knowingly move, deface, damage, destroy, or otherwise improperly tamper with a bench mark, triangulation station, boundary marker, or other survey station, monument, or marker;

The original survey is the act of marking the physical land with monuments either naturally occurring or artificially placed. The job of a resurvey is to locate those original boundary markers. Even if the original boundary markers were "improperly placed" according to Plat Maps and legal descriptions, the original survey monuments have priority. The plat maps and legal descriptions are simply attempts to describe what was physically placed on the ground.

Many boundary disputes begin by attempting to have a "new survey" determine where the original boundary monuments were "supposed to be placed". Finding an original boundary monument is finding the boundary.

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