Jan242026
Real Estate Q&A Series

Can I make my neighbor put the survey markers back and stop them from coming onto my property again? – North Carolina

Short Answer

Yes—under North Carolina law, a property owner can pursue steps to address removed survey markers and repeated entry onto the property. Depending on what was moved and how it was marked, removing or defacing certain landmarks or monuments can also be a crime, and repeated entry after notice can support a trespass complaint. If the problem keeps happening, a civil lawsuit in Superior Court can seek an injunction to stop a continuing trespass and, in some cases, require corrective action.

Understanding the Problem

In North Carolina, the issue is whether a homeowner can require a neighboring property owner to restore boundary survey markers and prevent future entry onto the homeowner’s land. The decision point is whether the neighbor’s conduct involves (1) interference with boundary markers used to show the surveyed line and (2) entry onto land without permission after the boundary dispute began. The practical goal is usually to stop repeat conduct quickly and preserve reliable evidence of where the boundary is while the dispute is addressed.

Apply the Law

North Carolina treats unauthorized entry onto another person’s land as trespass, and repeated entry after clear notice can also trigger criminal trespass rules. Separately, North Carolina has criminal statutes that can apply when someone knowingly removes, alters, or defaces certain “landmarks,” and when someone willfully damages certain official monuments or permanent marks. When the conduct is ongoing (for example, repeated entry or repeated interference with boundary indicators), North Carolina law also allows a property owner to ask the court for an injunction to stop a continuing trespass without having to prove the other side cannot pay money damages.

Key Requirements

  • Proof of the boundary evidence at issue: Identify what was placed (stakes, pins, caps, flags, or other markers), who placed it (licensed surveyor), and what it was intended to mark (the surveyed boundary line).
  • Unauthorized interference or entry: Show the neighbor removed/moved markers or entered onto the property without permission, especially after being told not to.
  • Ongoing or likely-to-repeat conduct (for an injunction): Show the problem is continuous or recurring so the court has a reason to order the conduct to stop going forward.

What the Statutes Say

Analysis

Apply the Rule to the Facts: Here, a surveyor placed boundary markers after a property-line dispute. If the neighbor removed or moved those markers and keeps coming onto the homeowner’s land without permission, that pattern supports (1) a request to stop the conduct (including through an injunction if it is ongoing) and (2) a trespass complaint if the neighbor enters after clear notice or proper posting. Whether marker removal is also a crime depends on what type of marker it was and whether it qualifies as a protected “landmark” or “monument” under the statutes.

Process & Timing

  1. Who files: The homeowner (property owner). Where: Typically North Carolina Superior Court in the county where the land is located for an injunction and related civil claims. What: A civil complaint requesting injunctive relief to stop continuing trespass and interference with boundary evidence; in urgent situations, a request for a temporary restraining order/preliminary injunction may be appropriate under North Carolina court rules and local practice. When: As soon as the conduct becomes recurring or threatens to destroy evidence of the boundary.
  2. Parallel steps: Provide clear written notice not to enter and consider lawful posting; if the neighbor enters after notice or posting, law enforcement may treat it as criminal trespass depending on the facts and local enforcement practices.
  3. Evidence and follow-through: Preserve the survey, photos of markers, and documentation of when markers were present and when they disappeared; if the boundary itself remains disputed, the civil case may also need to address the underlying boundary/title issue so the dispute does not repeat. In some situations, a separate action to resolve title/boundary may be the long-term fix (for example, a quiet title case).

Exceptions & Pitfalls

  • Marker type matters: Some survey stakes/flags are temporary indicators, while certain monuments/landmarks may be treated more seriously under criminal statutes; a lawyer often confirms what was placed and how it was set before relying on a criminal-statute theory.
  • Notice problems: Criminal trespass commonly turns on proof of notice (direct notice or proper posting). Vague conversations or unclear property boundaries can make enforcement harder.
  • Boundary not fully resolved: Putting markers back does not always end the dispute if the neighbor claims the survey is wrong; a court action that resolves the boundary/title may be needed to prevent repeat conflicts.
  • Self-help escalation: Confrontations, moving the neighbor’s property, or blocking access without legal guidance can escalate a boundary dispute and create new claims; documentation and court orders are usually safer tools.

Conclusion

In North Carolina, a homeowner can take legal steps to address a neighbor who removes boundary markers and repeatedly comes onto the homeowner’s land. Repeated entry after clear notice or proper posting can support a trespass complaint, and ongoing conduct can support a request for an injunction in Superior Court to stop a continuing trespass. The most important next step is to document the markers and the entries and file for injunctive relief in the county where the property is located if the conduct continues.

Talk to a Real Estate Attorney

If a neighbor is removing survey markers or repeatedly coming onto private property, an attorney can help document the problem, send effective notice, and pursue an injunction or other court relief when needed. Call us today at [919-341-7055].

Disclaimer: This article provides general information about North Carolina law based on the single question stated above. It is not legal advice for your specific situation and does not create an attorney-client relationship. Laws, procedures, and local practice can change and may vary by county. If you have a deadline, act promptly and speak with a licensed North Carolina attorney.

Category: Real Estate Q&A Series

Author: Pierce Law

Pierce Law Group is a North Carolina law firm focused on probate administration, real estate partition matters, and surplus funds claims across North Carolina. We know these situations often come with stress, family dynamics, and time-sensitive decisions—so we prioritize clear communication, steady guidance, and a practical plan from day one. Our goal is to make a complicated process feel manageable, while protecting what matters most to you.