'Right of Entry' and Difficult Attorney

transitman · 2022-10-11T01:14:00Z

Like most states, California has a ??Right of Entry?? provision allowing land surveyors to go on private property to conduct surveys.?ÿ This is in Section 8774 (a) of the ??Professional Land Surveyors?? Act?.?ÿ?ÿ In the past, if I had access trouble I would discuss this with the neighbor and often supply a copy of the Act. This would typically be all that was required.?ÿ I currently have a case, in a very expensive part of town, where the neighbor is an attorney and is aware of the Right of Entry law but still told me that I do not have permission to go on his property.?ÿ?ÿ Does my obligation to my client require that I force this issue, perhaps in court with the attorney neighbor??ÿ Perhaps by simply going on his property, whether or not I have his permission (after all, I have permission of the law)? And when the police come to arrest me show them a copy of the Land Surveyors?? Act before they put the cuffs on??ÿ Maybe my obligation ends at the point where I clarify the legal situation with my client, and if he wants to proceed with legal action, that is his decision, risk, and cost.?ÿ?ÿ Any suggested course of action would be appreciated.

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holy-cow

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ourmanualfingerscan'tkeepupwithourgeniusbrains.

I don't know how many times I have typed 'withe" when I meant "with".?ÿ The word "the" is so common that our silly fingers want to add an "e" after "th".

Posted : October 11, 2022 12:05 pm

jacavell

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Have a copy of the ordinance/law permitting entry.
Inform your client of the situation.

(Assuming he wants you to continue.)

In some jurisdictions: have your client get a court order.
Contact the sheriff or police asking for an escort.
Within their company, enter the property and perform your duty.

JAC

Posted : October 12, 2022 8:40 am

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'Right of Entry' and Difficult Attorney

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