So they moved in about 2 yrs ago.  Home owner cuts the grass and constantly mows over the property line on my side. Stupid bastard cuts too low, burns it up, and weeds take over.  I’ve tried explaining property line several times yet this still happens.  We are not at all amicable, and one night we almost had a fist fight on my front lawn because he was an asshole.  Also, if that’s not enough we have severe language barrier.   Not Spanish, I would welcome a Spanish speaking person.   We had a survey done when about 8-9 yrs. ago, but I cant find the markers to show this asshole.  What do I have to do, or who would you recommend I call, to get this fixed?  I don’t want to pay another for another survey.  I’m afraid if I initiate something legally against his actions I’m going to have to demonstrate the property line. Thoughts please, and thank you.

Re-survey is the only answer. If it's like you say they won't believe anything other than a painted line done by a third party.

And then probably a fence.

Thanks Crash.  Since I’m initiating I was afraid it would come to that.  Even if I get a lawyer involved that’s the first thing asked of me.  I should cut his side even lower to get him to initiate!  This sucks.

There is likely steel pins located at the corners. They are probably just under the surface. My father had a surveyor come out for a similar reason and it took him 5 minutes to find each pin with a metal detector. Borrow a metal detector and look where you think the pins are. This may not be good enough for court but it might help show where the line is to the neighbor and possibly avoid court.

I wouldn't do anything even an inch onto their proprerty. Don't give them any reason to retaliate.

Thanks Trapper.  I seem to remember the surveyor using wooden stakes but I’ll try poking around again to try and find the markers.

Does he disagree with your assessment of the property line, or does he just not care?

Doesn’t much seem to care, I’ve reviewed it with the better english speaking household members as well.  He’s just an asshole.

Put up a cheap fence/barrier?  Worst case he gets a court order that you remove it, which seems unlikely

Years ago when we had a survey done to install a fence in the backyard the surveyor suggested I pound in metal rods to retain the results. Then I planted some bushes (front lawn issue) just inside the property line. It worked.

Do you still have the contact info for the company that did the original. That would be my first call.

This.  

Contact them and ask them to recover the old monumentation on that side and ask if they can mark the line with lathe or something similar so you can build a fence because of an adversarial neighbor.

The original firm will have kept the old files and should have the data to do this quicker and cheaper.  If you hired a new firm they'd probably want to do a completely new survey to establish the entire parcel's boundaries before marking anything.

I'm digging out the paperwork now and am going to give them a call in the AM.  Thanks CTM1.

Awesome, even if I've got to pay a few bucks that would work.  Thanks MPi-KMS-72, I just don't want to be on the hook for another complete job.  I'll let you guys know how it works out.  Thanks very much!

Every firm I worked for kept their fieldwork and deed research+ resultant maps in a file to facilitate more work in the future.  In fact they bought out retiring firms largely for the same reason.  

Lets say you sell your house and the new owner needs a survey to refinance or something, the crew can go out, find the old control and do a new survey in 1/4 the time... It also makes going back to mark out boundaries easy.

Update, I spoke with the gentleman who did the survey a few yrs. back.  He may come by Sat pm to try to relocate pins.  More to come.  Thanks guys.

Latest, guy came by with metal detector.  Pins no where to be found.  He’ll be back in a few weeks to measure off monuments then will mark.  Going to cost me a few more $$ than just a metal detector job.  Can I sue the other guy for this cost?

Sure. If you have video of him taking them, you might have a chance of winning.

I'd have them replace the missing ones and set them in concrete or something like that.  Occasionally we'd use bigger rebar for problematic corners. 27" long or something like that. A security camera or game camera might be a good investment too.  

Check this out:
https://www.nysapls.org/page/30#:~:text=Any%20person%20who%20knowingly%20damages,such%20tract%20of%20land%20in

Won't be cheap but I'd look into having a fence installed

In Crookhaven township I dont believe I can have a fence in what would be my front yard, I’ll have to check that though.  The span is only about 20-25ft. so whatever I do wont be too costly.  I’d do the work myself anyway. I did want to add some cement around the markers though.  I was also thinking of digging a 6-8 inch wide trench maybe only 3in deep and filling it with rocks to grade level just so it’s blatantly obvious to even the most stupid.  After the surveyor was done last Sat I noticed the neighbors lawn mower was on the driveway and went to the door to enlighten him again as my wife said he was out there in the afternoon watching.  He didnt come to the door so I explained it again to the wife, who can speak conversational English.  I told her I was done playing around, again showed her how much over the line he’s cutting.   She said she understood and tells him all the time, but he doesn’t listen.  I told her my next move is hiring a lawyer and going to court.  That raised a concerned eyebrow, so she knows wtf I’m talking about.  I filmed that exchange on my phone.  My doorbell camera caught him last fall blowing his leaves to my side.  I also have the vid of him at my front door yelling in some language, which lead to the aforementioned earlier conflict, and potential fist fight. I’d like to think showing these vids to the court would have the judge believe he’s the asshole, not me.   More to come, thanks as always guys!

And remember, good fences make for good neighbors!

Theres like a $500.00 fine under a section of the education law for messing with survey markers.

A 4ft fence is gtg in your front yard.

Good to know AC, of course I could never prove that.  

PNFLDS, that would be a home run right there.  I’m going on the website right now.  Thanks.

Edited to add, from the Town of Brookhaven website, no mention of 4ft. fence:

Where a residence has been erected, a six-foot
fence may be erected in the rear yard, provided that, if it is on an interior lot, said six-foot  fence may be erected in the rear yard to extend along the rear lot line and along the side lot lines to a point not forward of the front foundation line of the residence, and thence from said lot lines to the front point of said foundation; on a corner lot, a six-foot fence may be erected in the rear yard to extend along the rear lot line and along the side lot lines, except that no such fence shall project closer to the street fronting on a side yard than the width of the required side yard or the front foundation line, whichever shall be further from the street; and on a through lot, a six-foot fence may be erected in the rear yard along the two side lot lines, but not closer to the street adjacent to rear of premises than 40 feet. Notwithstanding the foregoing, on corner lots, fences not exceeding six feet in height may be located not closer than eight feet to the front yard line, provided the applicant demonstrates, to the satisfaction of the Commissioner of the Department of Planning, Environment and Land Management, that said fence will not interfere with vehicular traffic sight visibility. In such event, said fence shall be considered a structure requiring a building permit. All such fences shall comply with the site visibility requirements of this Code.
(2)
If such fence shall be erected along any street, the permitted height thereof shall be measured from the existing elevation of the center line of such street opposite such fence, unless such fence is of open woven wire or other such design as will not obstruct sight visibility. Such height so measured shall not exceed 2 1/2 feet in any point within a radius of 30 feet of the corner formed by any intersecting streets. The provisions hereof shall also apply to hedges or any other densely growing shrubbery.
(3)
Wire strand and open woven wire fences six feet in height above ground level shall be permitted on all lot lines of property principally devoted to agriculture, provided that such height so measured shall not exceed four feet at any point within a radius of 30 feet of the corner formed by any intersecting streets.

§ 85-190
A Residence District.

(4)
Fences. No fence may be erected having a height greater than four feet from the ground, except as follows:
(a)
Where a residence has been erected, a six-foot fence may be erected in the rear yard, provided that, if it is on an interior lot, said six-foot fence may be erected in the rear yard to extend along the rear lot line and along the side lot lines to a point not forward of the front foundation line of the residence, and thence from said lot lines to the front point of said foundation; on a corner lot, a six-foot fence may be erected in the rear yard to extend along the rear lot line and along the secondary front lot lines, except that no such fence shall project into the required primary front yard; and on a through lot, a six-foot fence may be erected in the rear yard along the two side lot lines and the secondary front lot line. Notwithstanding the foregoing, on corner lots, fences less than six feet in height may be located not closer than eight feet to the primary front lot line, provided the applicant demonstrates, to the satisfaction of the Commissioner of the Department of Planning, Environment and Land Management, that said fence will not interfere with vehicular traffic sight visibility. A six-foot fence in the primary and secondary front yards on corner lots and in the secondary front yard on through lots shall be considered a structure requiring a building permit. All such fences shall comply with the site visibility requirements of this Code.
[Amended 10-3-2019 by L.L. No. 22-2019, effective 10-16-2019