Is anyone willing to share sample property access ~ legal trespass letter(s) to be sent to nearby property owners of (farm) land nearby to where we will be performing boundary surveys?
I am heading into a known contentious situation and would like to have my ducks in a row, best I can, in advance. I have recently used Indiana Code references in letters related to county surveyor section corner support work, and I plan to modify that in this case.
But I thought it would be helpful to not just me only, if you all (in any state or country) would share your examples.
Here is the section corner letter I have used. It is two sided and gets mailed out in regular mail. I also keep a laminated copy in the truck:
I had trouble with the download, but succeeded with a slightly modified link.
If anyone has trouble, try that alternate.
I also add an aerial image with the location clearly marked. Also, add a sentence that says it is for routine maintenance on the corner and that it is not associated with any project.
The first question people ask themselves when they receive a letter is "What is going on?" If there is something going on, tell them what it is.
I also invite the landowner to watch if they desire.
Be sure and add multiple ways they can reach you. Work phone, cell phone, and email. I get a lot of permission through email.
Try sending them one of these:
DEAR LOCAL NITWIT,
WE WILL BE CONDUCTING A BOUNDARY SURVEY FOR ONE OF YOUR NEIGHBORS SOON. WE MAY OR MAY NOT NEED TO COME ONTO YOUR PROPERTY WHILE PERFORMING SAID WORK. DO NOT GIVE ME ANY GRIEF, I HAVE PLENTY OF THAT ALREADY. JUST STAY IN THE HOUSE AND CURSE AT US FROM A DISTANCE. THE LAW SAYS I CAN DO WHAT I NEED TO DO AND I DON'T HAVE TO PUT UP WITH ANY DEFECATORY MATERIAL FROM YOU, SO KISS MY BROWN ZEBRA.
SIGNED: (insert name of competing surveyor)
The last time I did that all I got was a phone message, "My lawyer says you need a Court Order blah blah blah."
The neighbor was a tweaker. I brought the Police with me. He proceeded to cry on her shoulder and I clearly heard him say to her, "That's exactly where my Surveyor said it is."
Well heck, why so much trouble then?
People are weird.
I'm trying to miss private boundary surveys but I'm not succeeding. I'd rather drink beer at home than hop another suburban fence or deal with another crazy person.
Not a bad letter. If I received it I would feel it's a little too general, however.
I don't have a form letter. They're too cold and "businessy". I prefer an individual approach. In Oklahoma the "good old boy" song and dance goes a long way. And I'm sincere about it.
If I know an owner's name and address them (face to face) with honor and respect I usually get the reciprocal. Nowadays everybody is wary of a form letter that mentions anything about a government agency. Asking someone to "give" you permission of entry might be said in a little friendlier light. Like maybe "will you let us look for that old survey marker that might be on your place?"
Sprinkle a little curiosity on it for seasoning and serve it with a warm side of respect. They bite every time.
I catch more flies with sugar than vinegar.
Oh Divine Bovine ya should have embillished somewhat.
“WE WILL BE CONDUCTING A BOUNDARY SURVEY FOR ONE OF YOUR NEIGHBORS SOON.”
……. CONDUCTING A BOUNDARY SURVEY FOR ONE OF YOUR NEIGHBORS SOON, AS HE HAS SOLD HIS PROPERTY TO THE NUCLEAR REGULATORY COMISSION TO FACILLITATE THE CONSTRUCTION OF A NEW POWER PLANT……..;-)
Name
Address
City, State, Zip
Date
RE: Project ####
Surveying Services
Project Location
Dear Name:
Company Name has been contracted to perform a boundary line survey on the above reference parcel. Tax assessment records indicate that you share a common boundary.
We are preparing to start our field measurements shortly. To insure that all information from both sides of the boundary is considered, it might be necessary for our field crew to perform a search along your property lines looking for boundary markers, such as iron pipes, rebar, stones, etc. If we find any markers, we will need to measure from them to help us determine the position of the common boundary line between the properties. If possible, our survey crew will try to notify any occupants at your property when they are doing the survey. If any trespass is required, it will be generally along, and close to the property lines.
During the survey, wooden stakes and nails will be used to mark temporary survey points. These survey points are randomly set, and should not be confused with the actual property corner, or property line markers. Property corners are generally marked by a steel rod, with a plastic cap inscribed with the name and license number of the surveyor.
If you have any questions, concerns or information that might help us with this survey, please contact me.
Sincerely yours,
Surveyor's Name
Thanks
I will be adding that to all future mailings.
