I agree completely about the need to send a certified letter.
I would just approach this as a boundary survey and refer the servient owner to "62-18-124 Right-of-entry Liability Notice to landowners Injunctions" in the TN statutes, with a comment that the responses to his valid concerns will be found there, and that the letter constitutes notice per the statute. Most of his stated concerns are invalid, however. He cannot modify the provisions of the law by making it more restrictive on the surveyor. Agreeing to unwarranted restrictions might make the surveyor liable for delay to the client. He would probably not be surveying the easement unless some project clock were ticking.
In different circumstances I might be more open to cooperating with a more cooperative owner. But we still don't know the purpose of the easement or the reason for a current survey.
You did what I would have done, forward it on to the client and let them deal with the landowners about access.
You are working for them and they got lawyers that should handle those details for their clients interest.
Legally you should be able to enter, it would be nice if your contact person with the Feds would give the landowner a call and let them have the apparent heated discussion the landowner wants to have with someone.
He may be looking to sue someone after he has run over your stakes and it gets shoved into the radiator....
Breathing through bullet holes is a risky enterprise.
In Ontario we have the right of entry, subject to damages.
Cheers
Derek
I agree with Derek, no job/project is worth getting shot.
I would explain to the client what has happened and what the land owner is requesting and explain to the land owner why you need to be on the property.
Most of the paperwork looks routine. It is added work on your part and I would inform the client how much effort is required and how much you expect them to pay for it.
And be prepared to take the law with you when you go.
Reminds me of an old joke about when a land owner confronted the survey crew...he points the shotgun at the crew chief and asks "who is in charge of this outfit?"....
the crew chief calmly responds "you are"
Safety first. Always. Every time. No exceptions
PAULPLATANO
Are you speaking of a "Customer Contact" law in your location or Illinois ?
I have never heard of this requirement in Illinois.
