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Right-of-Entry laws
Regarding Right-of-Entry Laws:
Does your right-of-entry law permit crossing only the property of adjoining parcels? Do any states allow access to the property being surveyed from the nearest public road, regardless of how many parcels you have to cross over?
Example:
In a right-of-entry state that allows crossing only adjoining parcels——
Parcel ‘A’, being surveyed, is ‘landlocked’ for now, while the means of access is in question. It adjoins a few other tracts that all front on public roads, but the distance from ‘A’ to any of the roads is about a mile, and involves cliffs, woods, creeks, etc. Parcel ‘B’ also fronts on a public road but does not adjoin Parcel ‘A’ (Parcel ‘C’ is between them). The distance from ‘B’ to ‘A’ is about 1/4 mile and the route is relatively flat and open across ‘B’ and ‘C’. The owner of tract ‘B’ refused the surveyors access to ‘A’ because it doesn’t adjoin ‘A’, even though they offered to walk in (no trucks or ATV’s).
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15 Replies
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In PLSSia we tend to go wherever it is we need to go, adjacent or not.
In-town lots frequently have no alleys, so we wander across many lots searching for monuments. Generally, in the same block, but, frequently in nearby blocks with known monuments.
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The statute in Kentucky does not specifically state only adjoining properties. To me, it reads as any property may be accessed if necessary to perform the survey. I’m not sure if the convenience of an easier route would fall into the idea of necessary.
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<div>Said owner of ‘B’ asked to see a copy of the law and refused access, citing the statement below, taken from the statute: </div>
A professional land surveyor shall make reasonable effort to notify adjoining
landowners upon whose land it is necessary to enter. -
The language in the statute referring to “adjoining” does appear to at least cause confusion. How does Parcel “C” get access? Can you access thru C and then onto your parcel?
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Agreed, the language could cause confusion. That is one point for making the original post, and a concern about the statue as currently written, regardless of the intent. I never really thought about it before because no one had ever questioned right-of-entry in that manner. Glad to be in a right-of-entry state, but its food for thought about maybe revising the current language and also addressing the part about using the most convenient path to a public road.
Yes, access through parcel ‘C’ is an option and has been used on occasion.
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I think even I had the right to enter the guy’s property I’d go around just so I didn’t have to deal with him.
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Even with the right of entry law in our state, we are guaranteed harrasment, delays, police encounters, pulled monuments and beligerence. It is the single worst part of surveying.
I dread the fact that if I go out with all the expensive, sensitive measuring equipment to collect data it will be enevitably be futile each and every time. Most times the poilce do not even know the law. People are ugly, miserable, and stupid.
Historic Boundaries and Conservation Efforts -
…to answer the original question… The law does not limit our rights to direct abutters… and we do notify the neighbors about our survey project in advance. Sometimes we even notify police, since they are likely to be just as ignorant of the law as are the neighbors.
Historic Boundaries and Conservation Efforts -
Crafting ROE legislation is challenging. We negotiated a balanced law that protects surveyors and land owners. The law does not limit access to immediately adjoining properties.
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NC has one and it is not limited to abutters.
If you’ve reached a point where you’re arguing trespass or right of entry law with a landowner, I’m not sure that the specifics of the law matter as much as the neighbor’s ability ($$) and willingness to sue you. Make it the client’s problem not yours. Include some language in your contract that provides you the opportunity to walk away or to renegotiate your price to compensate for the additional time to access the parcel from a less direct location.
Value your time more than your pride.
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No arguing, just a couple minutes talking it over in between the owner’s expletive-filled rant
and name calling.
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The attached document is what I prepared for California Land Surveyors Right of Entry.
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NJ right of entry law does not specify specific parcel limitations when carrying out a survey of a particular parcel. It simply states that surveyors have the right of entry in performance of land surveying duties.
In all of my years of surveying, I’ve only had to invoke my right of entry one time, and, because of the statutory requirements, it was a royal pane in the keester. In order to access a parcel that the land owner denied me access to, I first had to type letter to the refusing land owner citing the statute allowing me access, tell them when I would be there, who would be with me and what we were doing. Just for clarity, I attached a printed copy of the stature. I copied the local PD as a courtesy and the letters were mailed certified return receipt mail. I also followed up with a phone call to the local PD to discuss the issues and put them on notice that they would likely be getting a call from the land owner.
The certified return receipt part delayed about three hours work by a week and a half but I had anticipated that and scheduled accordingly. Before I left to go to the job on the scheduled day, I placed a follow up call to the PD to alert them and they had an officer come and meet with me, which I thought was great. Everything went smoothly that day, until the client ran out of money and I stopped work, the job never got finished, my client was fighting me to get me to return their retainer that I had already burned through, and, to top that off, the land owner that was refusing my entry got in a dispute with his adjoiner, it got legal and I ended up fighting with their attorneys. Probably the worst job that I ever got involved in.
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Canada allows surveyors right of entry
California and Oregon do as well
Washington does not, except for DOT highway surveyors.
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Like Chris said NJ has a right of entry law. There are some exceptions if the property is fenced with a 6′ or greater fence, posted, or a railroad it doesn’t apply.
Fortunately in almost 45 years I have never had to use the law. Most people are understanding, even helpful, when you explain that it’s in their best interest that you find all the information. I’ve had many happy neighbors when you find the corner that they knew was there but they just couldn’t find themselves.
Although I have had to get Court Orders to allow me to conduct the field work for numerous surveys in both boundary and family disputes.
45:8-44.1. Authority of land surveyors to go on, over and upon lands of others during reasonable hours
A person licensed to practice land surveying as provided in P.L.1938, c. 342 (C. 45:8-27 et seq.) and
any of his agents, servants or employees under his direction who are necessary to make a land survey
shall have the authority to go on, over and upon lands of others during reasonable hours when
necessary to make land surveys if:
a. The licensed professional land surveyor has made a reasonable attempt, as defined in this
section, to notify the owner of the land and, in the case of a lease, the lessee thereof, of his desire
to enter on, over and upon the owner’s or lessee’s land to make a land survey and, the attempt
having failed, the licensed professional land surveyor has given written notice, seven days prior to
the proposed entry, to the municipal police department of the municipality in which the land is
located of his intention to enter, containing the names, addresses, and telephone numbers of those
who propose to enter the land and the date, time, duration, and location of the proposed entry;
and,
b. The land or any part thereof, to which entry is sought, is not enclosed by a constructed or
natural barrier which is at least 6 feet in height or is not posted with signs or notices which prohibit
trespassing and contain the name and address of the owner or lessee of the land;
State Board of Professional Engineers and Land Surveyors Law LAW AND PUBLIC SAFETY
Revised 6/30/2017 Page 23
c. As used in this section, a “reasonable attempt” to notify an owner or lessee means: an attempt
to seek acknowledgment of the owner of the land and, in the case of a lease, the lessee thereof, by
certified mail, return receipt requested, the attempt to be made a second time if unsuccessful the
first time and a third time if unsuccessful the second time, each attempt to be made on a separate
business day.
L.1983, c. 460, s. 1, eff. Jan. 12, 1984.
45:8-44.2. Entry not trespass; immunity from arrest or civil action
Any entry under the right granted in this act shall not constitute trespass nor shall the licensed
professional land surveyor or his agents, servants or employees be liable to arrest or civil action by
reason of the entry.
L.1983, c. 460, s. 2, eff. Jan. 12, 1984.
45:8-44.3. Destruction, injury or damage to land; prohibition; liability
Nothing in this act shall be construed as giving the licensed professional land surveyor or his agents,
servants or employees any right to destroy, injure or damage the land or any person or property on the
land of another. A licensed professional land surveyor or his agents, servants or employees shall be
liable for any such destruction, injury or damage which he is found to have caused to such persons,
property or land.
L.1983, c. 460, s. 3, eff. Jan. 12, 1984.
45:8-44.4. Nonliability of owner or lessee of land
Neither the owner of the land nor the lessee thereof shall be liable to a licensed professional land
surveyor or his agents, servants or employees or any other person for any destruction, injury or damage,
which was not willfully or maliciously done by the owner or lessee, to property or persons resulting from
the licensed professional land surveyor or his agents, servants or employees going on, over and upon
such lands under the provisions of this act.
L.1983, c. 460, s. 4, eff. Jan. 12, 1984.
45:8-44.5. Inapplicability of act to lands traversed by operating railroad
This act shall not apply to lands traversed by an operating railroad.
L.1983, c. 460, s. 5, eff. Jan. 12, 1984.
PLS NJ & NY, PP NJ
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