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The Law & You

Can My Neighbor Move My Property Survey Stakes? Is That Legal?

The Law & You
September 9, 2013

The Law and You

Can My Neighbor Move My Property Survey Stakes? Is That Legal?

Philadelphia attorneys Greg Fellerman and Ed Ciarimboli answer a question from a concerned viewer who had his property survey stakes moved by his neighbor who wants to widen his driveway on the viewer’s property. Can the neighbor do this legally?

Dave Kuharchik: It’s time once again for “The Law & You,” featuring attorneys Greg Fellerman and Ed Ciarimboli. Gentlemen welcome to the show today.

Ed Ciarimboli: Thanks for having us.

Greg Fellerman: Thank you.

Dave: We have a property stake issue today and here we go. When the law is when you have a property survey done on your property and you have stakes put in the ground, what’s the law with that? Can the neighbor move or touch those stakes because he wants to widen his driveway on my property? What happens with this situation in the case of property stakes?

Greg: Property stakes are not suppose to be moved. It’s pretty simple. So, if you had a survey done and your neighbor decides he wants to move the stakes, he’s doing it at his own risk because as soon as he puts his blacktop or concrete where the property stake was, he has now encroached upon your property and you’re going to have a lawsuit against him.

Ed: This just doesn’t make any sense. Your neighbor can’t move the survey stakes. And if your neighbor decides that he wants to put his driveway on your property, your neighbor is going to be buying himself a lawsuit. You’re going to be entitled to have him dig up his driveway, repair your property, a whole host of things. So, I would strongly encourage your neighbor not to move the survey stakes. You get a survey done for a reason to find out where the property lines are. Those are what the survey stakes are.

Dave: Like you said, it almost sounds like you’re asking for a lawsuit by encroaching on your neighbor’s property.

Ed: You’re begging for a lawsuit.

Dave: You probably want to spend money with lawyers and I suppose if you are in need of that, or do something like that, you guys probably have seen this before. How can our viewers get in touch with you?

Greg: They can call us on the phone at 570-714-HURT or on our web at

Ed: Or go to our Facebook page and like us on our Facebook page. And if you have a question for an upcoming “Law & You” segment, post it and we’ll do our best to answer it.

Dave: And maybe think twice about moving your neighbor’s property stakes.

Greg: Don’t do it.

Dave: Results matter with attorneys Greg Fellerman and Ed Ciarimboli. Guys, thanks so much.

Ed: Thanks for having us.

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The Law & You is a nightly feature on channels WBRE-TV 28 and WYOU-TV 22 where the attorneys from Fellerman & Ciarimboli answer legal questions. If you have a question that you want answered by the Law & You attorneys, please submit the form on this page or call the hotline at 1-888-570-HURT.

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