Texans are mighty particular
Land in Texas has to be posted properly and visibly and/or notice has to be given in person for the trespasser to leave the property before legal action is taken.
I've never been charged with trespassing while working along and in the vicinity of a boundary, even under the most hostile circumstances when the adjoining owner wanted to charge me.
I was not charged because I had not entered through any shut or locked gates and I was not crossing the property to another property and had kept within a reasonable distance of the true boundary searching for evidence or was within a legal access to the property I was surveying.
There is a provision in Texas law that a court order can be obtained to be on the property of anyone that refuses entry if you can convince a judge that you need to be there to accomplish your duties. Those are not cheap, but necessary in some actions.
Still, I make an effort to call or visit the adjoining property owners to let them know what I am there for.
Local custom and who's land it occurs on can have a lot to do with how things turn out in the end.
😉
Scott,
I understand that!... Leave it to committee to modify something into an almost un-useable format. It's not the only law that's had this problem, from what I've seen.
I've always strived to notice both the occupants and owners, at least that's the way I was taught to be "considerate of all parties", with the realization that the boundaries may not be where any of them think!
Keeping up with the changes is the tough part. I could see after hanging a door hanger on a 4 plex, then finding the "owner" is an infestment company that you have to research to the ends of the earth to find the principals in order to notice them.
No one wants to hear about unforeseen "extra" expense...
Oops... there goes my opinion again! Sorry about that!
Ours here in Tasmania is as follows. There is also another bit that I couldn't quite find at the moment that allows us to break the surface of land to find survey marks.
Division 5 - Power to enter on land
27. Power of entry on land
(1) For the purpose of conducting a survey, a registered surveyor or a person assisting a registered surveyor may, at any reasonable time, in accordance with this section –
(a) enter on any land, including land that is not to be surveyed; and
(b) open a door, gate or fence; and
(c) place a survey mark on the ground of any land entered; and
(d) enter any building; and
(e) trim a tree or bush obstructing a survey.
(2) Nothing in subsection (1)(e) authorises a registered surveyor to trim a tree or bush if, in so doing, he or she would contravene or fail to comply with –
(a) any other Act or law; or
(b) a permit granted under any other Act; or
(c) a condition attaching to any other authority so granted.
(3) A registered surveyor or a person assisting a registered surveyor may enter on land that is not owned by the person for whom the survey is being conducted only if, before entering, the surveyor has given to the owner of the land reasonable notice, oral or written, of the surveyor's intention to enter on the land.
(4) A registered surveyor or a person assisting a registered surveyor may enter a building or part of a building that is not occupied by the person for whom the survey is being conducted only –
(a) if the occupier has consented, orally or in writing, to the entry; or
(b) in accordance with an order of a magistrate.
(5) A registered surveyor or a person for whom a survey is being, or is to be, conducted may apply to a magistrate for an order under subsection (4)(b).
(6) A person must not, without reasonable excuse, hinder or obstruct a registered surveyor, or a person assisting a registered surveyor, in the exercise of the surveyor's powers under subsection (1).
Penalty:
Fine not exceeding 50 penalty units or imprisonment for a term not exceeding 6 months, or both, and a further penalty not exceeding 5 penalty units for each day during which the offence continues after conviction.
28. Damage by registered surveyor
(1) This section applies if a registered surveyor or a person assisting a registered surveyor damages any thing when exercising or purporting to exercise a power under section 27.
(2) The registered surveyor or person assisting the registered surveyor must immediately give written notice of particulars of the damage to the person who appears to be the owner of the thing.
(3) If for any reason it is not practicable to comply with subsection (2), the registered surveyor or person assisting the registered surveyor must leave the notice, in a reasonably secure way and in a conspicuous position, at the place where the damage happened.
(4) The registered surveyor must repair the damage to the satisfaction of the owner of the thing and, if he or she fails to do so or cannot do so, is liable to pay compensation for the damage to the owner.
(5) The registered surveyor is entitled to be reimbursed by the person for whom the survey is being conducted for any compensation payable under subsection (4) that is reasonably and necessarily caused in carrying out the survey.
Florida's Right of Entry provisions for surveyors
472.029?Authorization to enter lands of third parties; conditions.—
(1)?IN GENERAL.—Surveyors and mappers or their subordinates may go on, over, and upon the lands of others when necessary to make surveys and maps or locate or set monuments, and, in so doing, may carry with them their agents and employees necessary for that purpose. Entry under the right granted by this subsection does not constitute trespass, and surveyors and mappers and their duly authorized agents or employees so entering are not liable to arrest or to a civil action by reason of such entry; 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.
(2)?LIABILITY AND DUTY OF CARE ON AGRICULTURAL LAND.—
(a)?Any person regulated by this chapter who enters agricultural land shall do so in compliance with all federal, state, and local laws, rules, and regulations pertaining to premises security, agricultural protections, and other health and safety requirements in place on such land.
(b)?A landowner is not liable to any third party for civil or criminal acts or damages that result from the negligent or intentional conduct of any person regulated by this chapter on agricultural land.
(c)?If written notice is not delivered to the landowner or landowner’s registered agent at least 3 business days prior to entry on an agricultural parcel containing more than 160 acres, the duty of care owed by the landowner to those regulated by this chapter is that due an undiscovered trespasser.
(d)?This subsection applies only to land classified as agricultural pursuant to s. 193.461.
