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.
