Fortunately as to surveyor's access we in Ontario have it in the Surveys Act:
6. (1) A surveyor or a person in the surveyor’s employ while making a survey may,
(a) at any time enter and pass over the land of any person; or
(b) at any time suitable to the occupant of a building enter the building,
and do any act thereon or therein for any purpose of the survey, but the surveyor is liable for any damage occasioned thereby.
Offence for obstructing
(2) Every person who interferes with or obstructs a surveyor or a person in the surveyor’s employ in the exercise of any of the powers conferred by subsection (1) is guilty of an offence and on conviction is liable to a fine of not more than $100. R.S.O. 1990, c. S.30, s. 6.
BTW- Arkansas also is the origin of another marketing miasma in Mal Wart.
What's the connection to surveying ?
Look at the cheap pusilanimous penalty for interfering with a surveyor !
Cheers
Derek
"The person making a survey under this section shall make every reasonable effort to give oral or written notice of the survey to the owner of the land before entering the land."
I like the way that sounds much better than post a notice on the door 5 days in advance. I think we all would knock on the door, make a phone call, or even leave a letter in the mailbox, but to delay for 5 days before entering someone's property is silly.
I don't believe anyone is opposed to giving notice, its the terminology that's a killer.
As far as being a step forward for AR, I disagree. We already have the right of trespass, this thing just delays it.
I think back to large scale survey i did in downtown Fort Smith. We trampled on every property along the main roads in town, residential and buisiness alike. There is no way we could have posted notices on doors or visited 5 days in advance. Instead, we sent letters to tax addresses and knocked on doors as we accessed the properties. This is sufficient.
I guess long story short, I am aggrivated that they wish to tell me how and when to contact a property owner. I am the Surveyor!!! Who would know how to deal with a property owner better than me?
The only time that I had a hard time gaining access were from those few with something to hide and they knew it, they also knew that it would be revealed by a survey. We do have a right of entry law but it may get changed because of population centers wants and needs which are different than ours, also the attitudes of the native landowners are much different that the city types, I am afraid any tweaking of the right of entry law will result in changes that will put in place a handicap on rural surveying. When surveying in town, I don't know how many times I have knocked on doors and asked if I could play in their back yard, always allowed. In the country, everyone knows me or my rig but I still attempt to contact anyone I see while working, It also helps that with my rural background, everyone knows that I respect the land, know about fire hazards and will willingly do no damage to the land or livestock. I will also will always close gates that I find closed and leave open if I find them open without being told.
jud
Arkansas House of Representatives
88th General Assembly
Regular Session, 2011
Member's Withdrawal of Own Bill
Monday, March 07, 2011
Bill Number Sponsor Recommended Committee Study By
HB1554 Slinkard
HB1781 Branscum Arkansas House of Representatives
Every surveyor, that ever drives a marker into the ground, is only driving 25% of it into his clients property. The other 75% +/- is being driven into and encroaching upon the other 3 potential adjoiners.
Every time a surveyor does his job (drives a marker into the ground) he is opening his self up to litigation.:-D :'( :-@
I don't know if I should laugh, cry or sh_t bricks.....;-)
