RIght of Entry question

Here is the Maine Statute (and link)

Title 32: PROFESSIONS AND OCCUPATIONS
Chapter 121: PROFESSIONAL LAND SURVEYORS HEADING: PL 1989, C. 346, §3 (NEW)
§13913. Right of entry for professional land surveyor performing surveying services

When performing surveying services at the request of a landowner or person with an interest in real estate, a professional land surveyor and the surveyor's assistants may, without the consent of the owner or person in possession, enter upon or cross any lands necessary to perform surveying services. [2003, c. 161, §1 (NEW).]

1. No authority to intentionally damage or move object. Nothing in this section may be construed as giving authority or license to a professional land surveyor or the surveyor's assistant to intentionally destroy, injure, damage or move any object, chattel or item on the lands of another without the permission of the owner.
[ 2003, c. 161, §1 (NEW) .]
2. Civil liability for actual damage. This section may not be construed to remove civil liability for actual damage to land, chattels, crops or personal property.
[ 2003, c. 161, §1 (NEW) .]
3. No authority to enter building used as residence or for storage. This section may not be construed to give a professional land surveyor or the surveyor's assistant the authority to enter any building or structure used as a residence or for storage.
[ 2003, c. 161, §1 (NEW) .]
4. Professional land surveyor shall make reasonable effort to notify landowners. A professional land surveyor shall make reasonable effort to notify a landowner upon whose land it is necessary for the professional land surveyor to enter or cross. Notice provided as follows meets the requirement of this subsection:
A. Written notice delivered by hand to the landowner or to the residence of the landowner upon whose land the surveyor may enter or cross, delivered at least 24 hours prior to the surveyor's entering the land; or [2003, c. 161, §1 (NEW).]
B. Written notice mailed by first class mail to the landowner upon whose land the surveyor may enter or cross, postmarked at least 5 days prior to the surveyor's entering the land. The surveyor may rely on the address of the landowner as contained in the municipal property tax records or their equivalent. [2003, c. 161, §1 (NEW).]
[ 2003, c. 161, §1 (NEW) .]
5. Owner or occupant of land; duty of care; liability. The duty of care an owner or occupant owes to the professional land surveyor and the surveyor's assistant is the same as that owed a trespasser.
[ 2003, c. 161, §1 (NEW) .]
6. Professional land surveyor and assistant shall carry identification and display upon request. A professional land surveyor and the surveyor's assistant shall carry means of proper identification as to their registration or employment and shall display this identification to anyone requesting identification.
[ 2003, c. 161, §1 (NEW) .]
7. Compliance with safety regulations. A professional land surveyor and the surveyor's assistant shall comply with all federal and state safety rules and regulations that apply to the land that they enter or cross pursuant to this section.
[ 2003, c. 161, §1 (NEW) .]
SECTION HISTORY
2003, c. 161, §1 (NEW).

Looks like the operative language in our statute is "surveying services" - which would appear to cover for any type of surveying work.

As for trespassing, our statute, and I'm sure most other statutes, require us to make a reasonable attempt at contacting the landowner(s) either 24 hours or 5 days before the trespass will occur.

Oregon has a Right of Entry statute, but you still HAVE to give the land owners notice. It can be the same day via door hanger, but you DO HAVE to give notice. As a practical matter, even though we have the "right" of entry, we pretty much "ask" permission(out or respect for the land owner) in addition to leaving/handing out a door hanger. To date, we've never had anyone refuse and force us to exercise the "right".

Tennessee's Right-of-Enry Law

62-18-124. Right-of-entry -- Liability -- Notice to landowners -- Injunctions.

(a) A professional land surveyor, the professional land surveyor's agents, employees and personnel under the professional land surveyor's supervision, may go on, over and upon the lands of others when necessary to perform surveys for the location of property corners, boundary lines, rights-of-way and easements, and, in so doing, may carry with them their customary equipment and vehicles.

(b) A professional land surveyor, the professional land surveyor's agents, employees and personnel under the professional land surveyor's supervision entering the lands of others under the right granted by subsection (a), and doing no unnecessary injury, are liable only for the actual damage done, and, if sued in such case, the plaintiff shall recover only as much costs as damages.

(c) Nothing in this section shall be construed as giving authority to a professional land surveyor, the professional land surveyor's agents, employees or personnel under the professional land surveyor's supervision to destroy, injure, damage or move anything on the lands of another without the written permission of the landowner, and nothing in this section shall be construed as removing civil liability for such damage.

(d) A licensed land surveyor during the conduct of a boundary survey where there is discovered, or reasonably should have been discovered, any major apparent discrepancy as defined by the board between the deed descriptions of adjoiners, evidence of use or possession not consistent with deed descriptions or otherwise has notice that there is an adverse claim across a boundary, shall notify the affected adjoiners. Notice to nonresident or absentee owners will be by mail to the current address used for mailing property tax notices. In cases in which the landowner does not reside on the property, reasonable effort shall mean notification by certified mail.

(e) No owner or occupant of the land shall be liable for any injury or damage sustained by any person entering upon the land under this section.

(f) Injunctive relief may be had against a landowner restricting entry to the landowner's land in violation of this section by petition addressed to the circuit or chancery court of the division in which the violation is alleged to have occurred.

Our law covers easements and rights-of-way but doesn't specify whether they have to be existing or proposed. Bit of a gray area that I've never had to put to the test.

Iowa Code:

354.4A ENTRY UPON LAND FOR SURVEY PURPOSES.
1. a. A land surveyor may enter public or private land or
water in the state only to occupy, locate, relocate, install, or
replace survey monuments, to locate boundaries, rights-of-way, and
easements, to determine geodetic positions, and to make surveys and
maps and may carry with them their customary equipment and vehicles.
A surveyor may not enter buildings or other structures located on the
land. Entry under the right granted in this section shall not
constitute trespass, and land surveyors shall not be liable to arrest
or a civil action by reason of the entry.
b. For purposes of this section, "land surveyor" means a
land surveyor licensed pursuant to chapter 542B or a person under the
direct supervision of a licensed land surveyor.
c. Vehicular access to perform surveys under this section is
limited to established roads and trails, unless approval for other
vehicular access is granted by the landowner.
2. A vehicle used for or during entry pursuant to this section
shall be identified on the exterior by a legible sign listing the
name, address, and telephone number of the land surveyor or the firm
employing the land surveyor.
3. Land surveyors shall announce and identify themselves and
their intentions before entering upon private property. A land
surveyor shall provide written notice to the landowner, or the person
who occupies the land as a tenant or lessee, not less than seven days
prior to the entry. The notice shall be sent by ordinary mail,
postmarked not less than seven days prior to the entry, or delivered
personally. A mailing is deemed sufficient if the surveyor mails the
required notice to the address of the landowner as contained in the
property tax records. For civil liability purposes, receipt of this
notice shall not be considered consent. This notice is not required
for a survey along previously surveyed boundaries within a platted
subdivision accepted or recorded by the federal government or an
official plat as defined in section 354.2, subsection 12.
4. The written notice of the pending survey shall contain all of
the following:
a. The identity of the party for whom the survey is being
performed and the purpose for which the survey will be performed.
b. The employer of the surveyor.
c. The identity of the surveyor.
d. The dates the land will be entered; the time, location,
and timetable for such entry; the estimated completion date; and the
estimated number of entries that will be required.
5. This section shall not be construed as giving authority to
land surveyors to destroy, injure, or damage anything on the lands of
another without the written permission of the landowner, and this
section shall not be construed as removing civil liability for such
destruction, injury, or damage.
6. A land surveyor who enters on private land must comply with
all biosecurity and restricted-access protocols established by the
owner or occupant of the private land.
7. A landowner or occupant shall owe the same duty to a land
surveyor entering land without the consent of the landowner or
occupant as the landowner or occupant would owe to a trespasser on
that land.

Link

Yikes at this sentence in Iowa's statute:

"a. The identity of the party for whom the survey is being
performed and the purpose for which the survey will be performed."

What if my client has requested I keep the purpose confidential?

RIght of Entry question>MA

Here is the MA exclusion:

Section 120C. Whenever a land surveyor registered under chapter one hundred and twelve deems it reasonably necessary to enter upon adjoining lands to make surveys of any description included under “Practice of land surveying”, as defined in section eighty-one D of said chapter one hundred and twelve, for any private person, excluding any public authority, public utility or railroad, the land surveyor or his authorized agents or employees may, after reasonable notice, enter upon lands, waters and premises, not including buildings, in the commonwealth, within a reasonable distance from the property line of the land being surveyed, and such entry shall not be deemed a trespass. Nothing in this act shall relieve a land surveyor of liability for damage caused by entry to adjoining property, by himself or his agents or employees.

Our standard practice is to send out a postcard to all neighbors stating that a survey crew will be in their neighborhood and may have to access their property. We send this to the same address that the tax bill goes to!

Dtp

> Yikes at this sentence in Iowa's statute:
>
> "a. The identity of the party for whom the survey is being
> performed and the purpose for which the survey will be performed."
>
> What if my client has requested I keep the purpose confidential?

I never understood why someone wouldn't want his neighbor to know he is having a survey performed. But, I'm from a recording state and "secret survey" is neither in my vocabulary or a desired objective of mine.

RIght of Entry question>ClearCut

If your client needs a boundary and topo survey because they have the property for sale and under agreement to a large mega chain store that is contemplating moving to your area but wishes the concept o remain quiet do you NOT feel an obligation to keep quiet? Does the neighbor need to know "why" a survey is being done? beyond a boundary and topo plan?

What purpose does it serve?

RIght of Entry question>ClearCut

Agreed Don.

Honestly, the neighbors will eventually find out what the project will be, whether it's a new set of steps for the porch or a nuclear powered prison.

However the last thing that should happen is for the neighbors to come pouring into an engineering office demanding to "see the plans" before the designers even have an existing conditions plan from which to design.

Because when the designers tell the truth and state that "there is no design currently ready"; the angry neighbors may perceive that as a smokescreen.

RIght of Entry question>Don

Agree also Don,

In that case I would tell the neighbor the purpose of the survey was to "determine the location of the common boundaries and to produce a topographic mapping of the subject properties". My intent above was that this purpose is not a "secret".

As far as what the client does with those products, I don't believe the Iowa statute requires the surveyor to provide the development plan details if the developer doesn't want them divulged. I believe the Iowa statute simply requires the surveyor to let the neighbor know what the surveyor's purpose is, not the end user's purpose.

RIght of Entry question>Don

I see that we agree!!

Dtp

RIght of Entry question>ClearCut

More often than not on "confidential" projects we are subcontracting under some architect or entity other than the ultimate (secret) client, if not the current property owner. It is easy enough to put their name on for who the survey is being made and they can answer, "no comment" if the neighbors want to get nosy.

For purpose, boundary survey or topo survey would be sufficient.

Thanks for all the responses. Of course I would still make effort to contact property owners, but in the case of "absentee" owners this has proved difficult in the past. For long lines there have been as many as 100 owners (both sides of the creek) and sometimes some just plain did not return phone calls or return letters. I have in the past pushed for a Right of Entry law but we have had resistance from both the real estate and legal lobbies.

Andy

RIght of Entry question>ClearCut

> For purpose, boundary survey or topo survey would be sufficient.

That is assuming the adjoiner doesn't know the meaning of the word "purpose". 😉

Do these right of entry rules apply to Railroad property? I have been told that there are some hefty fines for entering railroad property without premission.

I don't really know

but since railroads are under federal regulations I would think that they have "special" rules that apply to them. Besides I would think that they are also covered under Department of Homeland Security regulations also.

Andy

Here is Florida's

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.
History.—ss. 37, 42, ch. 79-243; ss. 2, 3, ch. 81-318; ss. 5, 7, ch. 89-137; s. 4, ch. 91-429; s. 94, ch. 94-119; s. 6, ch. 2002-41.

Whether Oregon's R.O.E. law allows entry for topographic work is subject to interpretation, IMO. It probably does, but I prefer to let on to clients (engineers, architects) that it doesn't.

As Dave says, the law places a burden on the Oregon surveyor that did not previously exist. R.O.E. violations are just about the easiest way to get yourself in front of the state board these days.

Project managers tend to lean on the surveyor's R.O.E. and blow off contacting the landowners. Which places public involvement on the Surveyors shoulders. How many Surveyors are qualified public relations specialists? Even assuming you have the budget to do that job.

A lot of Oregon Surveyors would prefer to see the R.O.E. law repealed and I am one of them.

Call me an egotistical a**hole if you so desire, but, I go pretty much wherever I d*** well please. It is extremely rare that someone approaches to ask why we are there. Far fewer try to tell us to leave. The single biggest PITA I ever encountered was on a survey where the client's property was landlocked and the only access was across this neighbor. It even looked like a standard county road except for the gate on each end of the client's easement across Mr. PITA's land. The client had told me about this and that we were allowed to use his easement to access his land. We stayed within the easement, but, the PITA forcefully maintained that the easement could ONLY be used by our client, himself. No one else, ever. This would have only been a momentary problem but we had stabbed a tire on a plant stob just before leaving the client's property and the tire went flat about half way across PITA's land. It is a great joy to dismount a flat, get down the spare and mount it while having a radical idiot yelling in your ear the entire time.