Land Surveyor Access laws?

Posts: 99
Joined: 07/08/10

Land Surveyor Access laws?

Posted by benc on Feb 9, 2011 10:36 pm

I am from the Philippines and one of the issues that adds to my overhead costs are delays and permit requests to have access to lots adjoining those of my clients. As is the case, most of my clients that asks for a boundary survey has problems with their neighbors. So I have difficulty gaining access to their lots to shoot at the corners. For a boundary survey, I always need to measure corner points for 2 or 3 lots surrounding the lot of my client. Just to make sure that he is not overlapping or being overlapped by adjoining lots.

Can you give some laws in your land that would grant access to surveyors who conduct boundary surveys? I will be recommending this to our local profession orgranization chapter for formulation of new laws for congress.

+++++++++++++++++ Ben--- Floating somewhere off the coast of Cebu, Philippines

Don Poole

Posts: 2967
Joined: 04/06/10

Re: Land Surveyor Access laws?

Posted by Don Poole on Feb 10, 2011 7:49 am

http://law.justia.com/massachusetts/codes/2006/gl-pt4-toc/266-120c.html

MA law

Don Poole PLS
Outermost Land Survey, Inc.

"Outstanding in the field"

Cee Gee

Posts: 91
Joined: 07/02/10

Re: Land Surveyor Access laws?

Posted by Cee Gee on Feb 10, 2011 7:59 am

In Maine:

http://www.mainelegislature.org/legis/statutes/32/title32sec13913.html

I have never actually used this statute -- it is always better to knock on the door, explain the situation, and request access. I've never once been refused, but it could happen (and I know it's happened to others), so I'm glad the statute is there.

Jered McGrath P...

Posts: 1710
Joined: 06/22/10

Re: Land Surveyor Access laws?

Posted by Jered McGrath PLS on Feb 10, 2011 8:36 am

Oregon calls their law Right-of-entry.

http://www.leg.state.or.us/ors/672.html

672.047 Right of entry by land surveyor; compensation for damages caused; notice; removal of survey markers. (1) Subject to subsection (4) of this section, a registered professional land surveyor, or any employee or agent of the land surveyor, may enter on foot, where practicable, upon any land for the purpose of surveying or performing any survey work and may establish permanent survey monuments as allowed by rule of the State Board of Examiners for Engineering and Land Surveying.
      (2) Any person exercising the right of entry granted under subsection (1) of this section shall do so with no unnecessary damage to the land entered upon. Damages to trees, shrubs and other vegetation intentionally caused by the land surveyor shall be subject to compensation and penalties as provided in ORS 105.810. The land surveyor shall compensate the landowner for all other actual monetary damages, or $100, whichever is greater. Actual monetary damages may include but are not limited to all costs in time, labor and materials incurred by the property owner to return the property to the condition it was in prior to the damage.
      (3) If a request is made in writing in a timely manner, a copy of the survey shall be provided in a timely manner to any landowner who owns property that is outside an urban growth boundary and is affected by subsection (4) of this section.
      (4) A registered professional land surveyor, or any employee or agent of the land surveyor, may not enter upon or establish any permanent survey monument upon any land without first attempting to provide notice to the landowner or occupant of the property in person. If the landowner or occupant is not available, written notice shall be posted in a conspicuous place where the notice is most likely to be seen. The posted notice shall give the professional land surveyor’s name, address, telephone number, purpose, availability of the survey and the presence of any temporary or permanent monuments or other markers left on the property.
      (5) A registered professional land surveyor, or any employee or agent of the land surveyor, who enters land as allowed under this section is owed no greater duty of care than that owed by a landowner to a trespasser.
      (6) Notwithstanding the provisions of subsection (1) of this section, a registered professional land surveyor, or any employee or agent of the land surveyor, may use a vehicle to enter upon land provided that the vehicle remains on existing roadways where practicable.
      (7) The land surveyor shall remove all flagging, stakes and other temporary materials that are above ground if leaving the materials in place creates an unreasonable risk of harm to persons or property. Except for forestland as defined in ORS 527.620, the land surveyor shall remove all temporary above ground materials within 60 days of placement unless written authorization to leave the materials in place is received from the landowner or occupant. [1995 c.382 §13; 1997 c.743 §1; 2009 c.259 §5]

pbmules

Posts: 167
Joined: 06/30/10

Re: Land Surveyor Access laws?

Posted by pbmules on Feb 10, 2011 10:55 am

Missouri
Surveyor exempt from trespass but liable for damages.

327.371. A professional land surveyor licensed pursuant to the provisions of this chapter, together with such professional land surveyor's survey party, who in the course of a land survey finds it necessary to go upon the land of a party or parties other than the one for whom such professional land surveyor is making the survey shall not be guilty of trespass but shall be liable for any damage done to such lands or property.

S Neumann 38120

Posts: 1
Joined: 02/14/11

Re: Land Surveyor Access laws?

Posted by S Neumann 38120 on Feb 14, 2011 4:37 pm

Here are a couple of the statutes regarding right of entry for surveys in Michigan:

SURVEYS ON PUBLIC AND PRIVATE PROPERTY (EXCERPT)
Act 208 of 1959

247.751 Highway surveys on public and private property; liability.

Sec. 1.

In preparation for and in connection with the planning, construction and maintenance of state trunk line highways and county roads, it shall be lawful for the appropriate authorities to go upon any land and waters in this state for the purpose of making necessary surveys, soundings and borings as necessary; and such action shall not be a trespass nor an entry. The authorities shall be liable for any actual damage thereby done to such premises. No fences, fencing, trees or shrubbery shall be removed without the written consent of an owner of such property.

History: 1959, Act 208, Eff. Mar. 19, 1960

RIGHT OF ENTRY BY SURVEYOR

Act 115 of 1976

AN ACT to provide surveyors with a right of entry and to limit liability.

History: 1976, Act 115, Imd. Eff. May 14, 1976.

The People of the State of Michigan enact:

54.121 “Surveyor” defined.

Sec. 1. As used in this act, “surveyor” means any of the following:

(a) A surveyor employed by the government of the United States of America or this state.

(b) A person who is a land surveyor registered in this state.

(c) A person who is under the direct supervision of a person who is a surveyor under subdivision (a) or (b),

and carrying on his person sufficient identification as to employer.

History: 1976, Act 115, Imd. Eff. May 14, 1976.

54.122 Right of entry; identification of vehicle.

Sec. 2. (1) A surveyor may enter upon public or private lands or waters in this state except buildings, for

the purpose of making a survey.

(2) A vehicle used for or during entry pursuant to this section shall be identified on the exterior by a proper

and ethical sign listing name, address, and telephone number of the surveyor or firm.

History: 1976, Act 115, Imd. Eff. May 14, 1976.

54.123 Liability.

Sec. 3. A surveyor making an entry pursuant to section 2 shall be liable only for actual damage to crops or

other property, or for actual damage due to negligence of the surveyor during the entry.

History: 1976, Act 115, Imd. Eff. May 14, 1976.

54.124 Forfeiture of claim for damage or injury.

Sec. 4. The surveyor by his entry shall forfeit any and all claim for damage or injury to his person and

equipment while on the lands or waters, unless the damage or injury is caused by the intentional tortious

conduct of another.

History: 1976, Act 115, Imd. Eff. May 14, 1976.

Rendered

RADU

Posts: 12977
Joined: 04/05/10

Benc . Time to move to SOZ......

Posted by RADU on Feb 14, 2011 10:30 pm

Here Licensed Surveyors are empowered under the Surveyors Act to enter property during reasonable hours. A courtesy knock on the neighbors door . If no one is home get on with the job and come running up the drive way if they return to state your business.

I guess if you are a registered land surveyor then you should have a survey body in the Philippines that dictates what you can or cannot do. If serving notices is the official line then time you gther the evidence from progressive countries that permit auto entry if you are caeeying out a boundary survey.

RADU

RADU VALUE ADDING SURVEYOR

Mark Mayer

Posts: 3424
Joined: 06/03/10

Re: Land Surveyor Access laws?

Posted by Mark Mayer on Feb 14, 2011 11:31 pm

http://www.leg.state.or.us/11reg/measpdf/hb2800.dir/hb2893.intro.pdf
Oregon's Right of Entry Law is currently under consideration for modification. Some would like to be rid of it altogether. It gives the uncooperative landowner a chance to report the surveyor to the licensing board. The licensing board, I can assure you, is not much enamored of the right of entry law.

PLS

Posts: 2
Joined: 02/16/11

Re: Land Surveyor Access laws?

Posted by PLS on Feb 16, 2011 7:55 pm

In Washington, we do not have a Right of Entry Law............ Therefore, it is a courtesy to knock on neighbor's doors and explain the scope of work that will require us to access their property and in most cases, homeowners grant us permission.

If they are not home, we leave a card on the door & enter the property...... it is the risk we have to take!!!

Wish you the best!
kababayan

MLB

Posts: 291
Joined: 04/06/10

Re: Land Surveyor Access laws?

Posted by MLB on Feb 17, 2011 3:08 pm

In California this is in both the Business and Professional Code (8774) and the Civil Code 846.5. CLSA has created a brochure and encourages Surveyors to keep copies with them in the field. So you do have some protection under the law. Common sense and using discretion to keep the law on your side are advised.
MLB

MobileSurveyor

Posts: 2
Joined: 09/30/10

Re: Land Surveyor Access laws?

Posted by MobileSurveyor on Mar 11, 2011 2:20 am

In Wisconsin we have the following state statute:

59.73(2)(2) Subdividing sections. Whenever a surveyor is required to subdivide a section or smaller subdivision of land established by the United States survey, the surveyor shall proceed according to the statutes of the United States and the rules and regulations made by the secretary of the interior in conformity to the federal statutes. While so engaged a surveyor and the surveyor's assistants shall not be liable as a trespasser and shall be liable only for any actual damage done to land or property.

If you do what is right, will you not be accepted? But if you do not do what is right, sin is crouching at your door; it desires to have you, but you must rule over it.”

Mike Falk

Posts: 13852
Joined: 06/08/10

Re: Land Surveyor Access laws?

Posted by Mike Falk on Mar 12, 2011 12:15 pm

Access law or not I always recommend speaking with neighbors and asking them where they think their corners are.

tyler

Posts: 2705
Joined: 04/30/10

Re: Land Surveyor Access laws?

Posted by tyler on Mar 13, 2011 7:50 pm

Mark, the bill has morphed further. It was changed by the state legislative council and further changed at the House legislative hearing.
http://www.leg.state.or.us/11reg/measpdf/hb2800.dir/hb2893.a.pdf

Next on to the Senate.

Note the 7 day wait. You must also notify BOTH occupant and landowner if they are not the same.

This started out life from PLSO as a change to permit notifying the owner by letter. It's being changed by the legislature to mandatory notification of the landowner by letter if they are not occupying the property with a 7 day wait. In my opinion, this is a step in the wrong direction.

Tyler

Joe Surveyor

Posts: 38
Joined: 07/02/10

Re: Land Surveyor Access laws?

Posted by Joe Surveyor on Mar 15, 2011 12:03 pm

This is how it is written in Florida (provided we still have a profession tomorrow...)

472.029 Authorization to enter lands of third parties; conditions.—

(1) IN GENERAL.—Surveyors and mappers or their subordinates may go on, over, and upon the lands of others when necessary to make surveys and maps or locate or set monuments, and, in so doing, may carry with them their agents and employees necessary for that purpose. Entry under the right granted by this subsection does not constitute trespass, and surveyors and mappers and their duly authorized agents or employees so entering are not liable to arrest or to a civil action by reason of such entry; however, this subsection does not give authority to registrants, subordinates, agents, or employees to destroy, injure, damage, or move any physical improvements on lands of another without the written permission of the landowner.

(2) LIABILITY AND DUTY OF CARE ON AGRICULTURAL LAND.—

(a) Any person regulated by this chapter who enters agricultural land shall do so in compliance with all federal, state, and local laws, rules, and regulations pertaining to premises security, agricultural protections, and other health and safety requirements in place on such land.

(b) A landowner is not liable to any third party for civil or criminal acts or damages that result from the negligent or intentional conduct of any person regulated by this chapter on agricultural land.

(c) If written notice is not delivered to the landowner or landowner’s registered agent at least 3 business days prior to entry on an agricultural parcel containing more than 160 acres, the duty of care owed by the landowner to those regulated by this chapter is that due an undiscovered trespasser.

(d) This subsection applies only to land classified as agricultural pursuant to s. 193.461.

History.—ss. 37

tv4fish

Posts: 2
Joined: 03/18/11

Re: Land Surveyor Access laws?

Posted by tv4fish on Mar 18, 2011 11:35 am

I will add Minnesota's Law: (We have had this right since 1959)

2010 Minnesota Statutes