cordless drill
It allows me to gain access to an otherwise non-accessible back yard
I remove the lock, latch or hinge or fence picket to shoot into the rear of a parcel.
Not sure where you are but.....
Under the common law principle of curtilage, some state courts have held that enclosed locked yards appurtenant to a dwelling are legally part of the dwelling. In Maryland, burglary in the fourth degree does not require intent to commit theft, just entry into a dwelling.
My friend Mr Google tells me that, for example, in Florida, using tools to facilitate trespass bumps it up from a misdemeanor to a felony
810.06?Possession of burglary tools.—Whoever has in his or her possession any tool, machine, or implement with intent to use the same, or allow the same to be used, to commit any burglary or trespass shall be guilty of a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
Just sayin'
Florida Surveyors have right of entry while conducting our duties during a survey. Personally, I would rather unscrew a hinge or latch rather than use the bolt cutters. The other option is to ladder over the fence (as long as you don't have to do it to many times).
>Personally, I would rather unscrew a hinge or latch rather than use the bolt cutters
however, this subsection does not give authority to registrants, subordinates, agents, or employees to destroy, injure, damage, or move any physical improvements on lands of another without the written permission of the landowner.
Wouldn't unscrewing my gate hinge be moving my property?
provided a reasonable attempt to contact the property owners has been made (if I remember Florida ROE law correctly).
I would say it was a reasonable means of gaining access to a property to carry out my quasi-judicial function in State of Florida's land tenure system. I would say the general rule is to tread lightly and to as much as posible to leave them in the same state as you found them.
Smart phone, "It allows me to gain access to an otherwise non-accessible back yard". B-)
> Smart phone, "It allows me to gain access to an otherwise non-accessible back yard". B-)
:good:
That option often works - as long as you can find a number to call. I try to make those calls before I even show up on site.
> Florida Surveyors have right of entry while conducting our duties during a survey. Personally, I would rather unscrew a hinge or latch rather than use the bolt cutters. The other option is to ladder over the fence (as long as you don't have to do it to many times).
I don't know Florida's ROE, but in Kentucky we are only protected from any trespass charges. We do have the same requirement to gain written permission to move items.
I try to look at it from a viewpoint of what would I think if I arrived home to find someone doing whatever action I am contemplating as a surveyor.
If I pull up to my house and see someone wondering around in my back yard and I have not been made aware they will be there ahead of time, will I be a little annoyed?
Since I am grouchy I would say I will be more than a little annoyed.
If I arrive home and start mowing, then I notice that a gate latch has been moved, I probably will be pretty concerned about why my latch has been removed. Maybe even concerned enough as to call the cops. When I might be nice enough as to leave things unlocked if I am called ahead of time.
If I come home and find that someone has chopped limbs off of one of my trees or bushes, I will actually be pretty pissed off because I try to keep those items in good order and neatly maintained.
I usually call all the neighbors I can find a number for a day or two ahead of time. I would say it is amazing how many times I am told to do whatever I need to do and even told to drive across a yard if I want to. But it really isn't amazing, people are easier to get along with when you provide them the same consideration you would expect.
Rather Personal Question
Paul in PA
:good:
and rapidly gaining more usefulness with every new and greatest app becoming available most every day.
My favorite office tool is the pen I endorse checks with. Hard to say about field tools, need them all. Even the ones I don't want to use like the pick, chisel, 10 lb hammer, and sun screen. So I'll just go with the truck itself and always try and take care of the business end of it.
I'd be real reluctant to start removing hinges without prior permission. Lots of people have guns and I don't think an orange vest is bullet proof.
Heck, I heard of a party chief at my previous job took apart one of those big mechanical gates to gain access to the property he was surveying.
Look to me like the Florida law specifically mentions that the right of entry does not constitute trespass. I would suggest that removing a hinge or latch to bypass a lock extends waaaay beyond what is considered trespass and move into breaking and entry and I just can't see that as being the intent of any right of entry law.
Furthermore the courts are more and more extending the castle doctrine outside the confines of the house to include the yard. One element of the castle doctrine is that forcible entry establishes a presumption at law that a reasonable fear of death or bodily harm exists.
If your going to operate under the assumption that the right of entry law allows you to forcibly enter my property it might be best to carry more life insurance and don't wear a hoodie, especially in Florida 😉
>and don't wear a hoodie, especially in Florida 😉
Oh I don't think the hoodie thing is going to be the problem...might be the mounting on top of a stranger and bashing their head on a concrete sidewalk. That might be a problem.
ubenhavin(?);-)
Is it OK if its a bright orange hoodie?
When I help obtain a LOMA, I tell the client that little paper won't stop flood waters. Extending that to the subject at hand, right of entry won't stop bullets unless you print it on thick layers of kevlar...
We use these prior to commencing any residential survey.
Hang 'em on the door and walk away....
Not a bad idea. Shouldn't it mention that the surveyors may need to enter their property though? The wording of it sounds like the surveyors will just be working in the vicinity of their property. Have you had any issues with home owners in the past using this?
It was meant to be somewhat vague. The intent was to inform the owners they may have a visitor in the near future requesting access to their property.
Actually I have gotten some additional requests for quotes while in the area due to these. Haven't yet gotten any work, but then again I'm not trying that hard either.
