US Power Squadron

[jackson_5]

Would it be worth joining the US Power Squadron just to have a ligit reason to be out looking for benchmarks, not getting hasled by locals? I have a friend who is a suveyor, he says he can basically go anywhere he needs to (trespass) without a problem.......

 

I have a rowboat, perhaps that would qualify.....

[Bill93]

Last we heard, the Power Squadron was no longer promoting the reporting of benchmarks.

 

The laws protecting surveyors do not apply to amateurs nor to the USPSQD. Those laws often require the surveyor to notify the landowner, and merely give him a legal way to override a denial when it is critical to his job.

 

You don't really need a sponsor to do it.

 

The best approach is to just be friendly and open with the landowners about what you want to do. You might mention that it won't affect their boundaries, and you aren't building a road which are the greatest fears you encounter. You can mention that your report may help professionals with mapping and surveying. There have been many happy stories reported here about the results of talking to the landowners.

[+Black Dog Trackers]

Hi jackson_5 -

 

The US Power Squadron (USPSQD) officially ended their efforts in benchmark recovery during 2007. You can see evidence of that in holograph's graph here.

 

Compared to a surveyor, I don't think the USPSQD had any more authority than we (GEOCAC) do in recovering benchmarks. Both USPSQD and GEOCAC are in the category of John Q. Public being allowed to help the NGS in the recover effort. For a surveyor, recovering benchmarks is part of their job. However, even they must get proper permissions, etc. for doing their work.

[jackson_5]

I figured the same rights as surveyors did not apply, I just thougt it would be nice to say "I'm with the USPQD and would like to recover a benchmakr". Good to konw that they no longer have an interest in logging benchmarks.

[+LSUFan]

Down here in Louisiana, even a surveyor cannot trespass if the property owner tells them not to.

 

I had to familiarize myself with all of this a few years back when me and my good neighbor got into a boundary dispute with our sorry neighbor, who tried to take fences down that had been in place since 1948.

 

Louisiana Revised Statute 14:63 states:

 

F. The following persons may enter or remain upon immovable property of another, unless specifically forbidden to do so by the owner or other person with authority, either orally or in writing:

 

(1) A professional land surveyor or his authorized personnel, engaged in the "Practice of Land Surveying", as defined in R.S. 37:682.

 

Our bad neighbor was trying to get his son-in-law (a surveyor) to try and put property corner marker pins about 20-50 feet back onto our properties. We forbid him to trespass on our property. This surveyor tried to pull a bluff that as a surveyor he could trespass all he wanted. The sheriff's dept didn't even know better until we showed them the law. He never tried that again after that day.

 

The LSPS has even made a section on their website alerting their surveying members of the law.

 

http://www.lsps.net/mediawiki/index.php/Tresspass_Law_Impact

Edited May 20, 2009 by LSUFan

[Z15]

Michigan Law

 

RIGHT OF ENTRY BY SURVEYORS (EXCERPT)

Act 115 of 1976

 

54.121 “Surveyor” defined.

 

Sec. 1.

 

As used in this act, “surveyor” means any of the following:

 

(a) A surveyor employed by the government of the United States of America or this state.

 

( A person who is a land surveyor registered in this state.

 

© A person who is under the direct supervision of a person who is a surveyor under subdivision (a) or (, and carrying on his person sufficient identification as to employer.

 

History: 1976, Act 115, Imd. Eff. May 14, 1976

 

 

RIGHT OF ENTRY BY SURVEYORS (EXCERPT)

Act 115 of 1976

 

54.122 Right of entry; identification of vehicle.

 

Sec. 2.

 

(1) A surveyor may enter upon public or private lands or waters in this state except buildings, for the purpose of making a survey.

 

(2) A vehicle used for or during entry pursuant to this section shall be identified on the exterior by a proper and ethical sign listing name, address, and telephone number of the surveyor or firm.

 

History: 1976, Act 115, Imd. Eff. May 14, 1976

 

 

RIGHT OF ENTRY BY SURVEYORS (EXCERPT)

Act 115 of 1976

 

54.123 Liability.

 

Sec. 3.

 

A surveyor making an entry pursuant to section 2 shall be liable only for actual damage to crops or other property, or for actual damage due to negligence of the surveyor during the entry.

 

History: 1976, Act 115, Imd. Eff. May 14, 1976

 

© 2009 Legislative Council, State of Michigan

 

RIGHT OF ENTRY BY SURVEYORS (EXCERPT)

Act 115 of 1976

 

54.124 Forfeiture of claim for damage or injury.

 

Sec. 4.

 

The surveyor by his entry shall forfeit any and all claim for damage or injury to his person and equipment while on the lands or waters, unless the damage or injury is caused by the intentional tortious conduct of another.

 

History: 1976, Act 115, Imd. Eff. May 14, 1976

 

© 2009 Legislative Council, State of Michigan

 

 

 

 

 

 

Here is a read of the subject

 

http://www.amerisurv.com/PDF/TheAmericanSu..._November05.pdf

Edited May 21, 2009 by Z15

[+Holtie22]

Here's the law in Vermont:

 

Ch. 1 Estates in Real Property Title 27

ss 4. Right of Entry for Survey

 

In cases wherein the title to lands, tenements, or hereditaments may come in question, or in order to establish boundaries between abutting parcels, a Licensed Surveyor, with the necessary assistants, wmployed by any of the parties to such disputed title, may enter upon such lands or real estate or other lands for the purpose of running doubtful or disputed lines and locating or searching for monuments, establishing temporary monuments, and ascertaining and deciding the location of a survey, soing as little damage as possible to the owner of such lands.

- Amended 1985, No. 116 (Adj. Sess.), ss 2.

 

In 20 years of licensed practice, I have never had to invoke this law, and would be extremely reluctant to do so in all but the most extraordinary circumstances.