You might want to request that your neighbor have a surveyor verify the common property boundary before installing a fence or blacktopping the driveway. This "circumstantial" evidence might be sufficient to persuade the court to hold the defendants liable for damages. Also, you could present a written estimate of the $400 cost to restore the surveyor's marker. You could sue the utility company and its subcontractor in small claims court for $400, which is the cost of resurveying and resetting the property marker.Īnd you may be able to present testimony and diagrams or photographs to show that the trenching was done close to the location of the missing surveyor's pin, that the pin was observed very close to the time the trench work was started and its absence was detected soon after the excavating was completed. Unless a witness actually saw the defendant remove the surveyor's marker, or the defendant admits that he did it, the injured property owner often faces a tough time proving a case. To recover damages, the plaintiff must show that it was more likely than not that the defendant caused the surveyor's pin or stake to be removed. To establish a criminal violation, there must be proof beyond a reasonable doubt that the defendant willfully removed the landmark. The problem, of course, is proving who removed the marker.
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