I'm having a difficult time finding clear answers to some elements of TN law.?ÿ If anyone would be willing to help me out, it would be greatly appreciated.
Grandfathered Engineers - in 1999 HB0960 and SB1282 proposed an amendment to TN 62-18-109 to allow PEs who were actively engaged in land surveying prior to March 1, 1979 to be issued licensure as a PLS.?ÿ I don't see anything in TN 62-18-109 to suggest it passed.?ÿ Are there PEs in Tennessee who were grandfathered? If so, what is the date?
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TN Land Surveyor / Client Contracts - I haven't had much luck finding anything about contracts in TN.?ÿ I looked through the 62-6 but it seemed specific to contractors.?ÿ Is it a requirement, board or otherwise, that PLS must have a written contract in order to provide land surveying services in TN??ÿ Is the contract only necessary for purposes of filing an enforceable lien??ÿ?ÿ
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Right of Entry - My interpretation of TN 62-18-124 is that it is not a requirement to provide written notice to adjoiners prior to commencement of a land survey but it is a requirement to provide written notice to absentee adjoiners if, during the course of the survey, the PLS discovers evidence of a discrepancy or adverse possession/claim.?ÿ Is this a correct interpretation?
Thank you
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I hope you find some helpful responses from Tennessee licensees.
You will probably find more responses from those in other states wishing to debate these topics in general.?ÿ That should be in a separate thread.
I have a terrible connection and I'll try to provide better info later.
Most States have 'session laws' available on-line. This is a summary of all chapters changed during each legislative session. The dates and indexing information listed at the end of each chapter in law are fairly easy to decipher.
That being said my last Tennessee survey predates the internet by a decade. Good luck, Tom?ÿ
1. Grandfathered PE's to PLS status, there may have been some in the early beginning, but I wouldn't worry about that if I were you. For your purposes, you need to know the requirements for licensure, assuming nothing more than it is the initial application as a PLS or an application as a PLS by reciprocity.
2. Written contracts are not a requirement in the State of Tennessee.?ÿ They are recommended, but not required.
3. Right-of-entry in the State of Tennessee. Written notification is only required if someone is not home when you knock on the door. If an encroachment is found, and the title holder lives in a different location from the surveyed property, written notification of your findings is required to be mailed to the address where the tax bill is sent. "Reasonable Effort" in this case means Certified Mail.
My former boss was both with a surveyor's license number in the mid-1200's and he was grandfathered on the survey side. The State's database is flaky tonight but I know his engineers license was issued in 1978 so probably around the same time for the grandfathered survey license.
If they're a PE & a Surveyor with a low license number it's likely that they were grandfathered on the survey license.?ÿ?ÿ
