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Right of Entry for Land Surveyors & Property Owners

5/28/2011

29 Comments

 
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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.

29 Comments
Clark Stoner link
9/8/2011 06:08:19 am


Way to get the word out there.

Cheers!
Clark Stoner, Civil Engineer, Land Surveyor
CFS Engineering
Santa Cruz County

Reply
Kerry
12/20/2011 04:59:54 am

I'm from another state but looking for advice. A surveyor came onto our property without asking for permission. He put in rebar markers. We have horses which could be injured because of this. What rights do we have? It sounds like the surveyor has all the rights to access and putting his markers in. Period. Please help-nderstanding that California law might not apply.

Reply
Robert Hagler, PLS
12/22/2011 02:36:06 am

Concerning you Website; Very informative and well written. Any current or potential client/customer would have a good idea about the services offered and probably feel comfortable choosing this company. I felt that all the information was current and relavant. Thank you.

Reply
Mike Lee link
3/26/2019 07:19:44 am

It is interesting that land surveyors have an exemption from trespassing laws. I think this is something that should be said more. I think it is fascinating and makes sense for property surveyors.

Reply
Daphne Gilpin link
4/5/2019 10:01:38 am

I like how you said that we should expect land surveyors to provide a description for the expected scope of activities and the times during which they'll be on the site. My husband and I want to work with a land surveyor to help us assess the land we just purchased. I appreciate you sharing the info about descriptions because it gave me a better idea of what to expect from the process.

Reply
Gillian Babcock link
5/9/2019 07:32:33 pm

My parents are planning to buy land and they want to know the exact measurements and border of the land. It was mentioned here that law surveyors are allowed to enter the private property to check the land. Moreover, it's recommended to hire professionals for quality land surveying.

Reply
Randy Chorvack link
7/23/2019 07:23:34 am

It's interesting to me that land surveyors are exempt from trespass. It makes sense though because you have to get into places that most people aren't allowed to do your job. Thank you for sharing this information.

Reply
Arlington Land Surveyors link
5/26/2020 01:49:03 am

Great job for sharing about Rights and Responsibilities for Property Owners or Tenants and for Law Enforcement. This would be a great help to those who don't know the law. I think it applies to all the states. We are a <a href="https://www.arlingtonlandsurveyors.com/">land surveyor</a> in Arlington, Virginia.

Reply
Land Surveyor link
5/26/2020 01:52:27 am

Great job for sharing information about the
Right of Entry for Land Surveyors & Property Owners. This would be a great help to those who don't know the law. I think it applies to all the states. We are a land surveyor in Arlington, Virginia.

Reply
Land Survey Company link
6/22/2020 10:12:16 pm

I agree with this, well explained. We do land surveying in Greensboro, NC and surrounding areas.

Reply
Laura Eytan link
9/12/2021 03:07:05 pm

My neighbor hired a Licensed Surveyor to establish the metes and bounds property lines of his lot.

It seems like I should have been notified of the date and time if their surveyor was going to enter my property and place wooden stakes and a yellow "marker" with his License Number. I was not notified at all, and got up one morning and saw the stakes (the yellow markers were covered by mulch.

It also seems to me that their Surveyor has an obligation to tell me what his stakes/markers mean.

Am I miskaten?

Reply
John Carston link
12/2/2021 06:37:43 pm

I like how you mentioned that it is important to have local knowledge as it can be helpful for survey work. My uncle mentioned to me last night that he is hoping to find a property surveyor that can survey the property he is planning to buy and asked if I have any idea what is the best option to do. Thanks to this informative article and I'll be sure to tell him that it will be much better if we consult trusted property surveying services as they can answer all our inquiries.

Reply
Braden Bills link
12/27/2021 06:42:09 am

I want to get my property sold, but I want to make sure that I do it properly. It makes sense that working with a land surveyor would be really helpful for me! That seems like a good way to ensure that I know the different aspects of my property.

Reply
Hailey Miller link
12/28/2021 03:15:57 pm

Thanks for pointing out that land surveyors are allowed by law to enter private property. I would imagine that any developer would want to ensure compliance to avoid problems in the future. I think they should look for experts who can provide land surveys and produce the important documents in a timely manner.

Reply
John Carston link
1/20/2022 04:31:26 pm

I'm glad that this article talked about the importance of land surveying to ensure public health and safety. I have a cousin who is hoping to find a land surveyor that can survey the land he is planning to buy and asked if I have any idea what is the best option to do. Thanks to this informative article and I'll be sure to tell him that it will be much better if we consult trusted land surveying services as they can answer all our inquiries.

Reply
MJ
2/14/2022 10:57:20 am

Is it typical or common for a legal land surveyors to NOT divulge who hired them to do a land survey? A property adjacent to mine is being surveyed and the surveyor states that he is not legally allowed to give the name of the person(s) or entities requesting the survey.

Reply
Jeff Carbine link
2/24/2022 01:59:36 am

I like how you mentioned land surveyors are permitted to enter a private property by law. When I was in college I think about it differently, there is really numerous information in this article that helps me. I'm grateful for your advice about land surveying.

Reply
John Carston link
3/11/2022 09:36:18 pm

I found it interesting when you said that land surveyors can help identify hazards and risks of the land. One of my parent's friends is hoping to find a land surveyor that can survey the land he is planning to buy and asked if I have any idea what is the best option to do. Thanks to this informative article and I'll be sure to tell him that it will be much better if we consult trusted land surveying services as they can answer all our inquiries.

Reply
Jeff Carbine link
3/24/2022 07:32:18 am

I appreciate that you explained the California Land Surveyors Association released a pamphlet titled "Right of Entry for Land Surveyors," which details property owners' and tenants' rights as well as law enforcement's responsibilities. My best friend is looking for some info, this should help him. I appreciate that you helped me learn more about land surveyors.

Reply
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Boundary Survey Kansas City link
6/16/2022 04:31:03 pm

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Thomas Clarence link
9/29/2022 12:47:59 pm

It stood out to me when you explained that land surveyors are allowed to enter private property. If you have a land survey being performed on your property, it could be a good idea to make sure that you are present. That way you can ask the surveyor any questions you might have about what they are doing.

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11/17/2022 12:41:58 am

I was captivated when you mentioned that a land surveyor can indicate potential hazards to your property. My friend told me that their company needs commercial land surveying. I should advise him to choose one with years of experience in the field.

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Daisy James link
3/8/2023 03:09:38 pm

It was helpful when you said that they will need to provide a description of the work that is expected. My fiancé and I want to buy some land to build a home on in a couple of months, so we need to hire a land surveyor who can help us know where the boundaries are and if there are any issues. We'll keep these tips in mind as we search for a land surveyor we can hire.

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    Steven Heise is a licensed California Professional Land Surveyor

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