Trespass

Sun, 3 Mar 2019 17:30:47 GMT

I would like to know how other surveyors deal with adjoining property owners who tell you to get off their land while running a property line. As we all know, it is impossible to survey a property line without trespassing. In the last 35 years I have had to call 911 only twice. The deputy told the person to let me continue with the survey--end of story. On other occasions, when my client anticipated trouble from the neighbor, I've told them that they could obtain a court order to keep the neighbor from interfering. Has anyone had their client obtain a court order? Has any one ever been arrested and or charged with trespassing while performing a boundary retracement survey?

I always try to let the adjoiners know who we are and what were doing by simply knocking on the door and if they're not home leaving a business card in a conspicuous place. Not only does it avoid being confronted by an angry and sometimes armed property owner, it also establishes good will and often permission to traverse through their open pasture as opposed to your clients tangle of briars, bamboo, and privet.

Thanks

Tue, 12 Mar 2019 01:12:52 GMT

I don't think a surveyor would be arrested for trespass unless he had been forewarned by the authorities not to trespass. If he were doing criminal damage of some sort then that might be different. If you're told to get off of someone's property then that's what you should do. With today's reflectorless technology (not to mention just turning an angle from two different points) it would seem that one could stay off of an adjoiner’s property if absolutely necessary. But to save a lot of time and sweat, I would tread lightly and discreetly.

Good luck,

David