Steven Heise - PLS, Staking Property Line, Milpitas CA
The California Land Surveyors Association published a brochure titled “Right of Entry for Land Surveyors”, which contains information about Rights and Responsibilities for Property Owners or Tenants and for Law Enforcement. This brochure is a must have for all Land Surveyors; I know that I have needed it many times in my career, but it is equally as important to all Property Owners and Law Enforcement Officers, knowing and understanding your Rights and Responsibilities is fundamental to us all. In general, I have found that Law Enforcement Officers are not very familiar with this area of the California Law, and I have noticed that most Land Owners do not fully understand exactly what Land Surveyors are doing. That being said, let’s get the facts, the brochure states…
Information for Law Enforcement
·Land Surveyors are allowed by law to enter private property.
·Land Surveyors are exempt from trespass by law.
·Performance of land survey work is in the interest of public health, safety and welfare.
·Identification of the Land Surveyor in charge should be provided.
·The Land Surveyors should provide a description of expected scope of activities and his expected time on site, where practicable.
·Your informed involvement for possible conflict resolution and mediation between parties is invaluable, both to the Land Surveyor and local property owners.
·California Penal Code Section 602.8 addresses trespass and waiver for Licensed Land Surveyors.
·California Penal Code Section 605 addresses survey marker destruction as a misdemeanor. (I will further discuss this issue in a future blog)
Information for the Property Owner
A Land Surveyor can be useful to the client as well as you, the land owner, on neighboring property. Some things to consider are:
How You Can Help
·Your local knowledge can be helpful and expedite the time spent on site for survey work.
·It would be helpful if you can indicate animals that require restraint, potential hazards (electric fences, etc) or obstructions (locked gates, etc.)
Information That Should Be Provided To You
·Land survey crews should respect your private property and privacy and have as little impact as possible.
·Stakes or Markers may be set that are NOT property corners, but are used for measurement purposes only.
·You should know who is working on your property as well as what land survey activities to expect.
·You should know who the Land Surveyor in charge is and his contact information and he may not be on site at all times.
·Holes may have to be dug in order to recover survey markers, then restored upon completion.
·Unresolved issues may be directed to the Board of Registration for Professional Engineers and Land Surveyors. http://www.pels.ca.gov/
California Business & Professions Code ᶊ8774
a) The right of entry upon or to real property to investigate and utilize boundary evidence, and to perform surveys, is a right of persons legally authorized to practice land surveying, and it is the responsibility of the owner or tenant who owns or controls property to provide reasonable access without undue delay. The right of entry is not contingent upon the provision of prior notice to the owner or tenant. However, the owner or tenant shall be notified of the proposed time of entry where practicable.
b) The requirements of subdivision (a) do not apply to monuments within access-controlled portions of freeways.
c) When required for a property survey, monuments within a freeway right-of-way shall be referenced to usable points outside the access control line by the agency having jurisdiction over the freeway when requested in writing by the Registered Civil Engineer or Licensed Land Surveyor who is to perform the property survey. The work shall be done within a reasonable time period by the agency in direct cooperation with the Engineer or Surveyor and at no charge to him.
Civil Code ᶊ846.5
a) The right of entry upon or to real property to investigate and utilize boundary evidence, and to perform surveys, is a right of persons legally authorized to practice Land Surveying and it shall be the responsibility of the owner or tenant who owns or controls property to provide reasonable access without undue delay. The right of entry is not contingent upon the provision of prior notice to the owner or tenant. However, the owner or tenant shall be notified of the proposed time of entry where practicable.
b) The requirements of subdivision (a) do not apply to monuments within access-controlled portions of freeways.
c) When required for a property survey, monuments within a freeway right-of-way shall be referenced to usable points outside the access control line by the agency having jurisdiction over the freeway when requested in writing by the Registered Civil Engineer or Licensed Land Surveyor who is to perform the property survey. The work shall be done within a reasonable time period by the agency in direct cooperation with the Engineer or Surveyor and at no charge to him.
Penal Code ᶊ602.8, Excerpts
a) Any person who without the written permission of the landowner, the owner’s agent, or the person in lawful possession of the land, willfully enters any lands under cultivation or enclosed by fence, belonging to, or occupied by, another. Or who willfully enters upon uncultivated or unenclosed lands where signs forbidding trespass are displayed at intervals not less than three to the mile along all exterior boundaries and at all roads and trails entering the lands, is guilty of a public offense…
C) Subdivision (a) shall not apply to any of the following: …
4) Any person licensed pursuant to Chapter 15 (commencing with Section 8700) of Division 3
of the Business and Professions Code who is engaged in the lawful practice of Land Surveying as authorized by Section 846.5 of the Civil Code.
Removal of Monuments - Penal Code ᶊ605 …(to be further discussed in future blog)
Every person who either:
1) Maliciously removes any monument erected for the purpose of designating any point in the boundary of any lot or tract of land, or place where a subaqueous telegraph cable lies; or,
2) Maliciously defaces or alters the marks upon any such monument; or,
3) Maliciously cuts down or removes any tree upon which any such marks have been made for such purposes, with intent to destroy such marks;--Is guilty of a misdemeanor.
The information contained in this brochure is to help you better understand your Rights and to help you gain a clearer perspective of the role played by the California Professional Licensed Land Surveyor.
Information for Law Enforcement
·Land Surveyors are allowed by law to enter private property.
·Land Surveyors are exempt from trespass by law.
·Performance of land survey work is in the interest of public health, safety and welfare.
·Identification of the Land Surveyor in charge should be provided.
·The Land Surveyors should provide a description of expected scope of activities and his expected time on site, where practicable.
·Your informed involvement for possible conflict resolution and mediation between parties is invaluable, both to the Land Surveyor and local property owners.
·California Penal Code Section 602.8 addresses trespass and waiver for Licensed Land Surveyors.
·California Penal Code Section 605 addresses survey marker destruction as a misdemeanor. (I will further discuss this issue in a future blog)
Information for the Property Owner
A Land Surveyor can be useful to the client as well as you, the land owner, on neighboring property. Some things to consider are:
How You Can Help
·Your local knowledge can be helpful and expedite the time spent on site for survey work.
·It would be helpful if you can indicate animals that require restraint, potential hazards (electric fences, etc) or obstructions (locked gates, etc.)
Information That Should Be Provided To You
·Land survey crews should respect your private property and privacy and have as little impact as possible.
·Stakes or Markers may be set that are NOT property corners, but are used for measurement purposes only.
·You should know who is working on your property as well as what land survey activities to expect.
·You should know who the Land Surveyor in charge is and his contact information and he may not be on site at all times.
·Holes may have to be dug in order to recover survey markers, then restored upon completion.
·Unresolved issues may be directed to the Board of Registration for Professional Engineers and Land Surveyors. http://www.pels.ca.gov/
California Business & Professions Code ᶊ8774
a) The right of entry upon or to real property to investigate and utilize boundary evidence, and to perform surveys, is a right of persons legally authorized to practice land surveying, and it is the responsibility of the owner or tenant who owns or controls property to provide reasonable access without undue delay. The right of entry is not contingent upon the provision of prior notice to the owner or tenant. However, the owner or tenant shall be notified of the proposed time of entry where practicable.
b) The requirements of subdivision (a) do not apply to monuments within access-controlled portions of freeways.
c) When required for a property survey, monuments within a freeway right-of-way shall be referenced to usable points outside the access control line by the agency having jurisdiction over the freeway when requested in writing by the Registered Civil Engineer or Licensed Land Surveyor who is to perform the property survey. The work shall be done within a reasonable time period by the agency in direct cooperation with the Engineer or Surveyor and at no charge to him.
Civil Code ᶊ846.5
a) The right of entry upon or to real property to investigate and utilize boundary evidence, and to perform surveys, is a right of persons legally authorized to practice Land Surveying and it shall be the responsibility of the owner or tenant who owns or controls property to provide reasonable access without undue delay. The right of entry is not contingent upon the provision of prior notice to the owner or tenant. However, the owner or tenant shall be notified of the proposed time of entry where practicable.
b) The requirements of subdivision (a) do not apply to monuments within access-controlled portions of freeways.
c) When required for a property survey, monuments within a freeway right-of-way shall be referenced to usable points outside the access control line by the agency having jurisdiction over the freeway when requested in writing by the Registered Civil Engineer or Licensed Land Surveyor who is to perform the property survey. The work shall be done within a reasonable time period by the agency in direct cooperation with the Engineer or Surveyor and at no charge to him.
Penal Code ᶊ602.8, Excerpts
a) Any person who without the written permission of the landowner, the owner’s agent, or the person in lawful possession of the land, willfully enters any lands under cultivation or enclosed by fence, belonging to, or occupied by, another. Or who willfully enters upon uncultivated or unenclosed lands where signs forbidding trespass are displayed at intervals not less than three to the mile along all exterior boundaries and at all roads and trails entering the lands, is guilty of a public offense…
C) Subdivision (a) shall not apply to any of the following: …
4) Any person licensed pursuant to Chapter 15 (commencing with Section 8700) of Division 3
of the Business and Professions Code who is engaged in the lawful practice of Land Surveying as authorized by Section 846.5 of the Civil Code.
Removal of Monuments - Penal Code ᶊ605 …(to be further discussed in future blog)
Every person who either:
1) Maliciously removes any monument erected for the purpose of designating any point in the boundary of any lot or tract of land, or place where a subaqueous telegraph cable lies; or,
2) Maliciously defaces or alters the marks upon any such monument; or,
3) Maliciously cuts down or removes any tree upon which any such marks have been made for such purposes, with intent to destroy such marks;--Is guilty of a misdemeanor.
The information contained in this brochure is to help you better understand your Rights and to help you gain a clearer perspective of the role played by the California Professional Licensed Land Surveyor.
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