with surveying features with a robot reflectorless without entering a parcel when permission is not granted from the owner.
I think her case got thrown out. according to Wikipedia
Edit-Of course this will not stop anyone from sueing you AND you will have to defend yourself. Bill your client accordingly.....
I was faced with the same thing when the local borough asked me to survey a structure to see if it was in the setback. This was in a rural area and the owner was very adamant about not accessing his property due to hard feelings with borough. In the end I didn’t do it, not because of liability but because I considered whether I would have wanted it done to me if the situation were reversed.
> with surveying features with a robot reflectorless without entering a parcel when permission is not granted from the owner.
I don't see how so.
Does Google ask permission every time the "street view" car drives by?
I can't imagine how there could be any liability whatsoever. I wouldn't hesitate for a second. It's akin to aerial photography, taking pictures, looking...etc. By doing it with reflectorless, you are abiding by the owner's wishes to not go on his property.
I was asked to not park in the right-of-way in front of someone's house because they didn't like that the property we were surveying was getting subdivided. Public parking in public right-of-way. Sorry lady. I'll stay off your property and can appreciate your protest, but you are going a little far here.
Long time ago... was involved in a small claims proceedings over a minor vehicle collision in a parking lot. Before the trial, I dropped by the defendants neighborhood to get a picture of the back of her car where she had bumped into me. Never left my car.. took the picture with a zoom lense down her driveway..... Was informed after the trial by her attorney that I could have been arrested for trespass. OOPS!! He was a good guy and was not being pushy just being helpful. BTW.. he thought I had done a good job with my preparation and was owed the damages I was awarded.
> with surveying features with a robot reflectorless without entering a parcel when permission is not granted from the owner.
I'm not sure of you're right of entry laws for boundary surveys, but where I work this would not be considered any problem. Especially if you were contemplating an encroachment of any kind, either a fence, driveway, building, even a tree.
When in doubt remind the negatively minded neighbor that you are surveying "their line" too, and just verifying things per your legal obligations to both your client and the state. Reflectorless is very cool for this stuff, but I have had a lady come out and ask about laser & radio interference so as not to mess with her husbands health apparatus hook ups. She wasn't upset, just concerned. I calmed her nicely.
Topo surveys are different, so be careful.
MM-
Now if you were in India with your picture takin' machine ........
Yikes !!
YOS
TNAI
They probably aren't going to know what you are doing at the time, and wonder later how you determined the boundary.
If they do challenge you, you are probably legal, but could have the privilege of feeding a l*wy*r for months before a judge decides whether or not you are ok.
Arkyteck had us locating a parcel, let us know that the guy to the east wouldn't give permission, and showed that he needed topo for the guy to the west which we figured was informed cause of how they sent the info. Got an angry phone call from him after he kicked off the party chief. He's someone I know pretty well was able to smooth it over but he at first wanted to delete our info for him, had to talk through that. We do the remote thing a lot with the robot, but this just made us discuss it again. No right of entry here.
From the public relations standpoint lets just assume you're an unhappy adjoiner who doesn't want improvements next door. Happens on a regular basis to all of us and they are referred to as "NIMBY" - Not In My Back Yard. Seems like the case here.
Would you rather get a call from a most likely uninformed kind of fast talking architurkey doing said improvements telling him we need to do this and need to do that, or a call from the surveyor just trying to do his job so things will go in proper order and as smooth as possible. Sounds like you'd have been better off if nobody contacted anybody... you'd be done and run.
Just a thought. Good luck.
I would by all means get your state surveying society to get pro-active in action on a right of entry legislation proposal to be passed uphill to the appropriate congressional leaders (oxymoron there, I know) for enactment. I have no idea why all states do not have such laws in place. NSPS has some good links and contact information for all those who may be interested.
This is common throughout the world especially along contested borders. 100% against the law in the People's Republic of China, lots of restricted areas in Russia, many borders in South America, etc.
However, you will get one or two free meals per day ...
I interpret Alaska’s right of entry to only apply to boundary, and or monuments, this does not mean I can locate a house or shed or any topo. Are there states that allow right of entry to do topo?
In a state with 'right of entry'
Who cares if they give permission or not. I'm gonna do my job.
Connecticut General Statutes 52-557o – Liability of land surveyors
Current as of: 2013
No action for trespass shall lie against any surveyor licensed under chapter 391 or person acting at the direction of any such licensed surveyor who enters upon land other than the land being surveyed without causing any damage to such other land in order to perform a survey, provided no such surveyor or person acting at the direction of such surveyor shall enter upon any land owned by a railroad company, as defined in section 16-1, which is within fifty feet of a railroad track without first obtaining written permission from the railroad company, which written permission shall not be unreasonably withheld. Nothing herein shall relieve such licensed surveyor or person from liability for actual damages caused by such entry upon such other property.
In a state with 'right of entry'
Lability for what? What are the damages? Go forth and pilage.:-P
Pablo B-)
> I think her case got thrown out. according to Wikipedia
>
>
> Edit-Of course this will not stop anyone from sueing you AND you will have to defend yourself. Bill your client accordingly.....
Doug has it exactly right. No actual case is required to file suit against you. Winning is a totally different matter.
All of the trespass cases I've ever seen hinge on some damage caused while on the property. In a case where there is no damage, I suspect a judge will quickly dismiss the case.
Larry P
> Long time ago... was involved in a small claims proceedings over a minor vehicle collision in a parking lot. Before the trial, I dropped by the defendants neighborhood to get a picture of the back of her car where she had bumped into me. Never left my car.. took the picture with a zoom lense down her driveway..... Was informed after the trial by her attorney that I could have been arrested for trespass. OOPS!! He was a good guy and was not being pushy just being helpful. BTW.. he thought I had done a good job with my preparation and was owed the damages I was awarded.
Have to call BS on the contention of the attorney. You in no way trespassed on the property of the defendant. The light rays you captured with your camera had left her property. You did not trespass.
Could they have had a case based on invasion of privacy? Maybe. But trespass? Nope, not buying that one.
Larry P
Take a step back in time. Ever locate a corner with a bearing-bearing intersection? We were doing those for years before we had reflectorless. The purpose was mostly for views, but same concept.
I was working on a highly sensitive project; the 3rd runway at SeaTac. It was a Saturday and we were locating wetland flags. I forgot to tell my Rodman we were working next to a neighbor that was opposed to the project. When he got to the end of the line; he could cut through the last 10' of nettles and jump down on this guy's driveway or turn around and go back the way he came. He chose the first one.
The guy came out yelling, I've already called the cop's, they'll be here shortly. The cop's showed up; the port authority showed up; there was a huge fiasco. I Apologized to the port guy; explained to him how the Rodman was new and how I had forgotten to tell him. The owner was all about; who was going to pay for the ddamages, I mean the guy cut down some nettles.....
I felt bad for the owner; I think he lived on old, family property; but it was soon to be under 300 feet of fill. Never found out what happened, that day. We were locating wetland flags for the biggest report filed with the state and only one of the hoops they had to jump through; only a minor annoyance.
Ray
> but it was soon to be under 300 feet of fill.
300 feet? Seriously? That's a lot of fill!