Can You Remove Survey Stakes or Property Markers in Colorado?

A client recently asked us whether a temporary wooden lath placed near a survey monument is considered an “accessory” under Colorado law.

It is a specific but useful question because property owners often see the wood and flagging first, without realizing that a separate monument may be nearby.

The answer to this question depends on what the property marker does and how it is documented. A temporary lath used simply to make a survey point visible does not automatically qualify as a statutory accessory. But before removing it, you should understand what it identifies.

What Is this Wooden Property Marker Telling You?

Land surveyors use a wooden lath for several purposes. It can help someone find a property corner monument, identify a construction staking point, or communicate instructions through writing and flagging.

When a lath serves as a locator, the actual corner monument may be a separate object near ground level. Pulling out the wood does not necessarily remove that monument, but it can make the monument much harder to find.

Construction markers also serve a practical purpose while work is underway. Moving one can leave a contractor without the reference or instructions needed for the project. We also encourage clients to keep in mind that a marker’s temporary nature does not mean its usefulness has ended.

What Makes Something a Survey Accessory?

Under C.R.S. § 38-53-103(1), an accessory is physical evidence near a survey monument whose relative location is part of the public record and which helps perpetuate the monument’s location. The definition includes recorded accessories and additional reference points documented in the ways described by the statute.

Let’s put this in practical terms. An accessory provides evidence that helps us at Apex Land Surveying and Mapping LLC recover a monument’s position if it becomes lost or disturbed.

An ordinary locator lath is not automatically an accessory merely because it stands beside a monument. But conversely, said wood lath may not be categorically excluded by the definition, as the lath is usually placed to help the client find the monument easier. The marker’s function and relationship to the monument are what really matter.

Can You Remove a Monument on Your Own Property?

No. Owning the land does not give you permission to remove protected survey evidence, and it’s important to understand this.

C.R.S. § 18-4-508(2) addresses knowingly removing public land survey monuments, control corners, restorations of those monuments, and qualifying bearing trees or other accessories. It applies even when the person owns the land where the monument or accessory is located. A violation is actually a Class 2 misdemeanor that is punishable by law.

Boundary evidence can affect adjoining properties as well as your own, so removing it can complicate future land surveying work and create avoidable delays with potential uncertainty in the process.

All told, it’s always better to leave monuments alone for the sake of your property and your neighbor’s as well.

Plan Around Land Survey Evidence Before Work Begins

A fence replacement, driveway improvement, or grading project may bring equipment close to a survey monument. Identifying those conflicts during planning means your land surveyor can determine what needs protection and whether removal requires formal preservation steps.

For removal covered by § 18-4-508(2), a Colorado professional land surveyor must first establish at least two witness corners or reference marks for each monument or accessory being removed. A monument record must also be filed before removal, but taking a photograph or intending to replace the marker afterward does not satisfy that procedure.

There is a lot to digest here, but Apex Land Surveying and Mapping LLC is here to help! If you are unsure about a marker, we can help you potentially contact the original land surveyor who placed it. If that surveyor is not available to help, we can help you with any possible next steps. 

You’re never going into real estate transactions or land development alone. Contact us today for more information.