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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. In addition, general common law principles of trespass and negligence would hold a person civilly liable for removing a surveyor’s marker, even if unintentionally. Section 14-111 of the Real Property Code makes it a criminal misdemeanor for any person to willfully obliterate, damage or remove any marker or other landmark set in the property of another person by any civil engineer, surveyor or real estate appraiser or any of their assistants. 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