I have the same view. Make it seem as they are getting a benefit, which most times they are. I always try to make some sort of contact whether by knocking on their door or looking up their phone number. Some act like demon seed and some don't have a care in the world. We've been using a neighbor's land for a month on a job we finished today. (Needed somewhere to set up a base station.) Everytime I see him, I give thanks. He has even taken us around his property to help find 1/4 corners. He's just happy we are there because he's getting his lines marked for free. It'd be nice if all neighbors understood that last part.
Wish I'd had one of those to show the guy that laid me out flat on my back some time ago while staking the back of a utility easement on a rush rush job where client didn't send out notices in the mail of their intentions. Guy in his 20's all huffed up hit me like a line backer and knocked the wind out of me. I could've pulled out my laminated card while laying there on the ground trying to catch my breath and the stars to stop dancing in my head.?ÿ
I was on a subdivision right of way that had never had a road built on it. One big honking dude came out screaming at me. I couldn't convince him it was a public through fare so I just turned around and told him to have a nice day. If you can escape it's not a big deal.
Joke if you will, but when the law is on your side, you don??t have to worry when you defend yourself. The card is to show the trooper that you had a right to be there in the first place.?ÿ
@aksurveyo
Thanks. I'll try and remember that from my hospital bed.
A copy of the right of entry law will not prevent a hole from a bullet or the teeth of a dog protecting it's perimeter.
I am a strong advocate of personal property rights, and thus not a fan of "I can enter because I am here to do my job".
Notify and ask, even when the law says you can enter, accomplishes two (2) critical items: one you take the temperature to know how to proceed (sheriff, stealth mode, or no-go) and second, it may cause you to obtain more information or work.
FYI, my home state does not have right of entry and I am strong proponent of keeping it that way.
My 2 cents worth,
Scott R.
I agree with notifying and asking even if your state doesn't require it, but your property rights aren't any more important than mine. And I may need to recover a monument on your line to protect my rights. This gives you the same rights to protect yours.
All the laws I have seen are very limited, on average they probably allow not more than one entry per lifetime. I suppose that in non recording states access may be more frequent because the records tying newer corners to older corners referred to in deeds may not be available.
I understand anger at being surprised that someone is on your land without your knowledge, but I don't understand the resistance to land surveyor access with notice. Are land surveyors known as hooligans in your area?
My primary state has easy right of entry...chapter 1 of our codified law, no notice, no restrictions. Of course I always knock and talk, I meet neat old ranchers, hear great stories, learn a lot and of course I am searching for parol evidence of their corners. I make great contacts and enjoy every minute of it. Funny thing, the corners they tell me about are rarely section stones, but ngs monuments.
That being said, I live and work in the most rural and polite areas of the country. Never a gun pulled, never a sheriff called.?ÿ
Having had a few firearms pointed at me during my career,?ÿ I don't want to be killed over a survey, so I've got a few pointers.?ÿ ?ÿ
Remote sites (DNCs, squatters and alleged Homesteads, etc.) on Federal inholdings are the most trouble; no way to serve notice and the resident(s) are often half crazy and actually might shoot you without thinking it through.?ÿ It's likely you're there to curtail their encroachments on Public lands so in their minds you are the enemy.?ÿ If at first contact they're brandishing a firearm, stay out of range and retreat; return with LEO support later.?ÿ ?ÿI'd never let an unarmed enraged landowner get close enough to touch me;?ÿ conversations occur at 20-30 feet, no closer.
On more mundane sites, don't dress like you're LEO; no camo, be noisy, wear a hardhat and act like you're a utility guy just doing your job.?ÿ If you are competent at concealed carry and y0ur jurisdiction allows it, OK, but don't draw unless you're convinced your life is in danger. I've only pulled once when some yahoos were carjacking my survey rig at a remote site about 10:00pm (a very nice F-150), and they fired a round at me as I approached from afar.?ÿ Dropped into the creek and floated/swam downstream and climbed back up to the road; they finally jacked the ignition?ÿ and I popped up and fired 10 9mm rounds into my radiator and front tires.?ÿ Needless to say they bailed and I had to get a tow truck to recover my rig.?ÿ Could have centered on the windshield and maybe killed them, but a car ain't worth it.
Anywhoo,?ÿ let's be calm and realize surveying is not combat; let's calm down.
It's pretty rare that I don't have my vest on even if I don't need it.?ÿ I think people see it and assume I'm fixing their cable or something and skip calling the cops on me.
