The practitioner should, however, beware of making oral agreements, especially on projects the scope or extent of which is either indeterminate or possibly misrepresented. (ii) any gaps and/or overlaps with the adjoiners described boundaries. The publication serves several purposes. a) The Registration Law does not contain any guidelines to professional practice. Permission from the owner to enter their property is an MDOT requirement as well as a courtesy. Senate Library Room 157 Main Capitol Building Harrisburg, PA 17120-3055 Hours Its designation as a branch of engineering is the result of a legal challenge to an earlier law requiring registration (1927), which was found to be unconstitutional because it completely separated the functions of surveying and engineering. Dave Brubaker, PLS of WSP Sells, Inc. states that, "It is essential to obtain railroad right-of-entry permits for every project that requires work within the right of way. Address. 8.1(a)(2)(B) Upon discovery of differences, the surveyor has effectively reached the limit of his/her expertise, and should defer to lawyers about matters of title and to real estate appraisers about matters of value. On April 16, 2013, the bill was referred to the Committee for Consumer Protection and Professional Licensure where. When performing surveying services2 at the request of a landowner or person with an interest in real estate,3 a surveyor, without the consent of the owner or person in possession,4 upon notification, can B) Any survey specifications not to be followed in providing agreed-upon services should be explicitly mentioned. U.S. Surveyor Deed Plot is a FREE online, innovative, easy-to-use, deed description plotting program - designed to provide a graphic representation of deed lines. Learn more about the 2024 Surveyors' Conference. If the case has already been heard but not decided, restraints on the admission of further evidence may have been placed on one or the other disputant, and a survey, though still desirable, may be of little value to the case. California Penal Code 602.8, which covers trespassing violations, includes a subdivision that exempts "any person licensed pursuant to" California . 1) Markers found or set should be conspicuous to anyone that has reason to look for them, and identified as boundary markers. Pennsylvania Society of Land Surveyors - PA Manual of Practice Manual of Practice for Professional Land Surveyors in the Commonwealth of Pennsylvania as adopted by the Pennsylvania Society of Land Surveyors. A surveyor can be called as an expert witness by someone other than his client, notably the other disputant. B) the quantitative, i.e. Right to enter land of another. 4902, is enabled to authorize and permit the CORPORATION's activities, uses, and entries made pursuant to this Agreement; and, WHEREAS, the DEPARTMENT requires that such use of the State highway right-of-way be subject to a written right of entry. 1990, c. S. 30 allows licensed surveyors and persons in the surveyor`s employ to enter onto private lands . Data collectors are useless without the appropriate computer hardware and software. 4.1(a)(2)(A) Information actually provided constitutes express actual notice. A) The search shall also be extended to privately held information to which reference is made in public records, notably, (iii) private restrictions and agreements
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. (v) any differences between record and occupation lines. geodetic ties) or systematic land information plans should. In Ontario, the Surveys Act, R.S.O. For this reason, the land surveyor is the best judge of a good description, and the most capable of writing one. The Registration Law contains the following Code of Ethics: It shall be considered unprofessional and inconsistent with honorable and dignified bearing for any professional land surveyor : a) To act for his client or employer in professional matters other than as a faithful agent or trustee, or to accept any remuneration other than his stated recompense for services rendered. C) relate to the client, to the extent it can be anticipated, any possible effect on the use and ownership of the property. c) To attempt to supplant another land surveyor after definite steps have been taken toward his employment. Pennsylvania Society of Land Surveyors801 East Park Drive, Suite 107Harrisburg, PA 17111. Conscientious fulfillment of these demands cannot help but inspire public confidence. History:1976, Act 115, Imd. A licensed land surveyor shall either perform the field survey or exercise sufficient supervision of the work performed to be able to sign and seal the work related to the property lines . (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. A survey may include a plan, showing the results of the survey and bearing the seal of the surveyor, and may be accompanied by a written (legal) description. The best precaution against malpractice and negligence, however, is a level of care that meets or exceeds the norm, or standard practice. They express the level of practice that can generally be expected of practitioners. provided, however that such information is, a) significant or critical, not merely redundant, and. A good description, however, is one the calls of which can be reproduced on the ground. (2) a member of a drainage board; or. Each survey is unique, and each surveyor must apply his knowledge and skills as he sees fit. Surveyors do not have power to adjudicate boundary disputes, but they must exercise judgment in accordance with the law, in resolving boundary differences, and good sense in resolving personal differences. (iii) to detect any omissions or inconsistencies in the design. B) Instrument Errors: Repeat measurements and proper corrections to measurements shall be made to minimize systematic errors. 7.1 The rules stated in this section apply whether the form of the record is graphic or digital. 2) The guidelines presented in this Manual are therefore valid for all licensed land surveyors in the Commonwealth of Pennsylvania, not just for members of the Pennsylvania Society of Land Surveyors. Land Surveyors are said to have a quasi-judicial function. (v) the practitioner responsible for the survey and plan. Learn more about the 2024 Surveyors' Conference January 21 - 24, 2024at the Hershey Lodge in Hershey, PA. Federal Issues Facing the 118th Congress Impacting the Surveying Profession, February 22, 2023 | 12 PM - 1PM | Webinar. Topographic surveys can also be underground (e.g. (p.3). 9.1 Land surveying is perhaps better described as an arm of engineering. 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 . . Deviation from the first kind is unprofessional, while deviation from the second kind may only be imprudent. (i) an accurate representation of the boundary, (iii) the corner markers (found/set) and any points of reference, (iv) the names of record adjoiners and other property identifications. Right to enter land of another. For clarification of their meaning and the meanings of other words, a practitioner should confer other texts. 8(c) Notification.--Prior to conducting a survey, a surveyor 9shall make a good faith effort to notify a landowner whose land 10it is necessary to enter under subsection (a). Our online system provides more efficient services to those applying for a Professional Surveyor license. Almost all states allow surveyors to enter private property without fear of legal reprisal if the surveyor is an employee of the government or doing surveying on behalf of the government or a government agency. This hybrid category includes virtually all the engineering entailed in the development of land: topographic surveying, complete engineering design (street and utility extensions, storm water management facilities, soil tests, and sedimentation and erosion control plans), construction stake-out and as-built plans. the position and slope of the area of a drain field). It is taken for granted that the surveyors search includes a search of both the clients property and that of adjoiners immediate and distant, in both place and time, if necessary. It does not contain guidelines for the practice of land surveying giving rise to the need for a Manual of Practice. Privacy Policy * Site Map, 2021 Pennsylvania Society of Land Surveyors. An individual licensed and registered by the state board to engage in the practice of land surveying, which is the practice of that branch of the profession of engineering which involves the location, relocation, establishment, reestablishment or retracement of any property line or boundary of any parcel of land or any road right-of-way, easement or alignment. 3.1(a)(1)(C) This section may be made discretionary, if the client is already familiar with the survey specifications or demands a completion period too short for the survey specifications to reach him. If a survey of land being considered for agricultural conservation easement purchase is required under 138e.67 (d) or is otherwise required to determine metes and bounds of any right-of-way or other interests in the land, the surveyor shall establish monumentation for at least the two ground control points required under subsection (b) (3). The notice shall give the professional land surveyor's name, address, telephone number, purpose, availability of the survey, and the presence of any temporary or permanent monuments or other markers to be established by the surveyor and left on the land. Interested in visiting the State Capitol? Pennsylvania is the 1986 treatise "Boundary Retracement Principles and Procedures for Pennsylvania" published by the Pennsylvania Society of Land Surveyors. The rules of construction govern the correct retracement of boundary lines, whereas the rules presented herein govern the orderly performance of the work. b) To attempt to injure falsely or maliciously, directly or indirectly, the professional reputation, prospects or business of anyone. (1) A surveyor is entering public or private land or waters in the state, but not buildings, for the purpose of making a survey; and (2) The vehicle used must be clearly identified on the exterior by a proper and ethical sign listing name, address and telephone number of the surveyor or firm. The persons named in this section may, without liability for trespass, investigate, construct, or place a monument or reference monuments for the . Date: Project #: CSJ#: Owner's Name: Survey: Owner's Address: Tract Description: Dear Property Owner: [INSERT SURVEY COMPANY NAME] is providing surveying services for the Texas Department of Transportation (TxDOT) for the planning and mapping for the improvements of . Information that merely makes reference constitutes implied actual notice. in good time and at a reasonable cost, and with the cooperation of those in possession of it. Reference markers or ties to permanent structures are advisable for easy retracement. 1) Prior to performing any professional services, a practitioner should, (i) the scope or extent of services to be performed, (ii) the cost or fee basis of the services, (iii) the approximate time of its completion, and. A) Land Surveyors engaging in construction stake-out shall have sufficient understanding of the principles of design and sufficient ability to interpret engineering plans to perform stake-outs in the field, in conjunction with the ability; (i) to devise a strategy to provide contractors with reference markers that permit the correct and efficient construction of improvements, (ii) to perform the necessary calculations for lines and grades, and. 913, No. practice land surveying unless licensed and registered as a professional land surveyor as defined and set forth in this act; however, a professional engineer may perform engineering land surveys. By the same token, members cannot be held subject to different guidelines by virtue of membership. 3The General Assembly of the Commonwealth of Pennsylvania 4hereby enacts as follows: 6This act shall be known and may be cited as the Surveyor's 7Right to Enter Act. 2. (iii) stored for future reference and remain property of the surveyor. : 1) The Manual is concerned with land surveying as a profession. A contract, verbal or written, specifying type of work and terms under which it is to be done. The Registration Law defines land surveying as a branch of engineering and permits land surveyors to perform, albeit not exclusively, certain surveys the purpose of which is other than establishing property boundaries. k) Report A narrative compilation and analysis of facts and circumstances concerning a survey. For purposes of the Act, land surveying is a branch of engineering, the proper and exclusive concern of which is the boundary of a tract of land. It is incumbent upon the surveyor to know the various requirements regarding monumentation. It may be required when the plan provides evidence for a legal proceeding or an insurance claim, and may be forensic in nature. For geodetic surveys, the least squares adjustment method is appropriate. For more information, contact him at (508) 405-1238, or by e-mail. 4.1(b)(2)(A)(vi) Parol evidence is a notarized statement confirming the identity or corroborating the location of called-for property monumentation. Such surveys are conducted mainly by means of the Global Positioning System, and are apt to employ the Pennsylvania State Plane Coordinate System. 6.1(b)(1) Prudence and safety must also be considered in making any markers conspicuous. Comments concerning the Manual of Practice should be forwarded to the below address. 8.1(a)(1) Reasonable effort means all necessary record research and field investigation, as well as the judicious application of the rules of law and the rules of construction, and at least an evaluation of the evidence according to the rules of evidence. Sometimes, including a certification of the survey. These principles are the laws governing boundaries and the rules of construction, as well as the laws of several mathematical disciplines and the rules of making and adjusting measurements. B) Record Keeping: Collected and processed data should be. You may be trying to access this site from a secured browser on the server. (1) Subject to subsection (4) of this section, a registered professional land surveyor, or any employee or agent of the land surveyor, may enter on foot, where practicable, upon any land for the purpose of surveying or performing any survey work and may establish permanent survey monuments as allowed by rule of the State Board of Examiners for 111, par. B) identify the problem by name, describe the difference in numbers, and, if possible, provide an explanation for the difference. Don't know where to start? It is the temporary supplement to the Pennsylvania Code, which is the official codification of rule, regulations and other statutorily authorized documents. Professional Land Surveyor Licensure Requirements Snapshot. But, in the best interest of the profession, it has assumed the moral authority to urge all practitioners, members and non-members alike, to excellence in their practice. Fax: (215) 349-1983 . 5.1(a)(1)(B) This rule may seem superfluous. It is carried out as a service to the public. CONSUMER PROTECTION AND PROFESSIONAL LICENSURE, Licensed Professional Land Surveyors - Legal Right to Entry - VERSION TWO. costs of repair and restoration pursuant to 75 Pa.C.S. For one, you might simply wish to be neighborly. 6.1(a)(2)(A) This includes adjoiners and other land surveyors, in addition to the land owner, unless the client requests otherwise for reasons of prudence or safety. 9.1(b)(1)(A)(ii) It is incumbent upon land surveyors designing land developments to be familiar with applicable municipal ordinances and the requirements of county and state agencies, as well as time schedules and review costs. Other types of surveys permitted to the land surveyor are, broadly speaking, engineering surveys and geodetic surveys (Section 8). Right of Entry, Defined by Code. 3) Nor is the Manual intended to be a basis for disciplinary action or for criminal or civil prosecution. If ties of parcels of land to geodetic monuments are required, the land surveyor is expected to know the principles and techniques of geodetic surveying (see Section 9). Prime Sponsor: Senator ALLOWAY Last Action: Referred to CONSUMER PROTECTION AND PROFESSIONAL LICENSURE, April 8, 2013 [Senate] Memo: Licensed Professional Land Surveyors - Legal Right to Entry - VERSION TWO Printer's No. Track. RIGHT OF ENTRY BY SURVEYORS Act 115 of 1976 AN ACT to provide surveyors with a right of entry and to limit liability. Surveying and the Principles and Practices of Land Surveying if completed in another state or territory. 3.1(a)(2)(A) It is common in some areas of the state to perform surveying services on the basis of an oral agreement. e) Evidence In regard to professional land surveyors and surveying services, evidence is a term used to describe information, observations, or objects that aid the surveyor in determining the position of a boundary. 6.1(a)(2)(B) Rules of construction, sometimes taken to be rules of law or rules of evidence, form the backbone of the land surveyors practice. (i) the described location of the clients boundaries. 1) The Manual is intended to be a guide to the standard practice of the profession of land surveying. To qualify for the principles and practice examination, the applicant shall demonstrate: (1) Four or more years of progressive experience in land surveying work performed after the issuance of the surveyor-in-training certificate and under the supervision of a professional land surveyor or a similarly qualified surveyor of a grade or character to fit him to assume responsible charge of the work involved in the practice of land surveying or (2) Four or more years of progressive teaching experience in an approved curriculum under the supervision of a professional land surveyor or a. similarly qualified surveyor of a grade and character to fit him to assume responsible charge of the work involved in the practice of land surveying. (c.2) Surveyors - Right of Entry A Professional Land Surveyor or personnel performing duties under the direction of a Professional Land Surveyor where no physical damage is done to property in the performance of a survey to ascertain property boundaries, set boundary corner monuments, locate fences and other evidence of occupation, (ii) any discrepancies in the location of the physical evidence compared to the written evidence. 7.1(a)(2) The contents of a survey plan may be further specified by title and lending institutions; the contents of subdivision plans by municipal ordinances. 5.1(a)(1) Three types of equipment are meant: (1) transiting theodolite and steel tape, (2) repeating theodolite with electronic distance measuring device, or total station with data collector, and (3) global positioning system receivers. The search must always be sufficiently complete to perform the survey. Or, as mentioned earlier with the fence, you might have common interests. 20(e) Duty of care.--Nothing in this section may be construed 21as permitting a surveyor to damage the land of another or 22provide immunity from civil liability for the damage. In a surveying practice, the field and office machinery. May include the search for physical evidence called for in the written evidence. As a guide to standard practice, the Manual can be used as an aide in preparing contractual agreements. PSLS focuses on providing education, legislative involvement, enhancing public awareness, and the promulgation of the ethics of the profession. Commentary: The quoted definitions are nominal definitions, i.e. Topographic surveys determine the horizontal and vertical location of the physical features on the surface of the earth, chiefly to provide the information on the basis of which improvements can be designed. 9.1(b)(1) The Registration Law uses the wording incidental design, which, strictly interpreted, means only the part of the design concerned with the location of any of the improvement (e.g. Entry upon adjoining land; Liability for damages. (i) aid in any way in the correct location of boundaries, and thereupon. (i) recorded in the Office of the Recorder of Deeds (Plans filed with Deeds, Subdivision Plans, Highway Right-of-way Plans, Railroad Valuation Maps, Recorded Ordinances, Letters of Attorney, Affidavits), (ii) filed in other county offices (Real Estate Assessment Office, Recorder of Wills, Prothonotary, Clerk of Courts), and. Surveyors' Right of Entry. Given the absence of statutory guidelines for the practice of surveying and the presence of a commitment to maintain a commendable level of practice, there is a need for an outline of standard practice in the profession, i.e. "Surveyor." An individual registered as a professional land surveyor, or agent thereof, under the act of May 23, 1945 (P.L.913, No.367), known as the Engineer, Land Surveyor and Geologist Registration Law. Any person who practices in Illinois as a professional land surveyor who renders, offers to render, or holds himself or herself out as able to render, or perform any service, the adequate performance of which involves the special knowledge of the art and . 54.122 Right of entry; identification of vehicle. A Professional Land Surveyor, or persons under his direct supervision, together with his survey party, who, in the course of making a survey, finds it necessary to go upon the land of a party or parties . By entering into a contract, the practitioner commits himself to perform certain functions. A) Human Errors: Sufficient redundant measurements shall be made to detect blunders and oversights. (a) The right of entry upon or to real proper-ty 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. 6.1 This subsection is not meant to apply to natural markers, such as trees, streams, and roads, or to previously set markers. B) The search of private records should ultimately be extended to any and all information indirectly indicated or implied in public and private records, both professional opinion and personal knowledge, that may. 6.1(a)(1) This section does not obligate the practitioner to replace existing markers that may be damaged or disturbed, although their replacement is advisable. Land surveying has been given the dignity of being called a profession by law. Pennsylvania 19104 . 1. 19(2) A place used for residence or storage. (a) A professional land surveyor, the professional land surveyor's agents, employees and personnel under the professional land surveyor's supervision, may go on, over and upon the lands of others when necessary to perform surveys for the location of property corners, boundary lines, rights-of-way and easements, and, in so doing, may carry with Licensing bestows on the professional a public trust that extends not just to the client, but to all those affected by the services. Compliance with both is conditional on the contractual agreement with the client. l) Research The search for written evidence, both public and private. 7.1(d)(1)(B) The written statement should be limited to the items in question, should be based on actual observation, and should avoid absolute terms (such as all or no). (p.2), b) Professional Land Surveyor means an individual licensed and registered under the laws of this Commonwealth to engage in the practice of land surveying. h) To attempt to practice in any field of engineering, land surveying, or geology in which the registrant is not proficient. Use tab to navigate through the menu items. You're minding your own business on your own property, which you own free and clear, and someone enters your property and asserts the right to be there. Sec. The Registration Law excludes party chiefs from auxiliary survey personnel. They are rules which any reasonable Professional Land Surveyor would follow of his own initiative, or can reasonably be expected to follow once they are made known. 9.1(b)(1)(B) Dual registration is prima facie evidence of such competence. Please enable scripts and reload this page. 3.1(a)(1)(B) The stake-out of a building, for instance, is normally contingent upon a boundary survey. . Whenever reference is made to a land surveyor by any statute, it shall be construed as Upcoming Events PSLS Newsletter Advertisement Submission 13 Jun 2030 Website Advertising Submission Form 13 Jun 2030 Follow Us Menu Log in . 8 Section 2. The commentaries are more specific than the rules, and flush out the rules. b) Engineering-related Surveys
3.1(b)(1)(B) Some standards are set by statute or municipal ordinance, or required by a lender or title insurer, and cannot be excepted, regardless of the clients desire. All three types of alternate resolution tend to avoid lengthy and costly litigation. Section 120C: Entry upon adjoining lands by surveyors not constituting trespass Section 120C. a) The following publication should be used to supplement additional definition of terms not encompassed in the definitions section of this manual: 1) Definitions of Surveying and Associated Terms
Some are obligatory; others only discretionary. Incompetence is a distant fourth. Non-compliance with any of the rules presented in this Manual may expose the practitioner to such action or prosecution. 5.1(a)(2)(A) Theodolites, for instance, should be serviced according to the manufacturers specifications, and their precision checked periodically against a base line. B) Office (i.e. B) the specific items, the accuracy of which is being certified. An ink stamp seal or a digitally reproduced seal is assumed to be a facsimile. easements or right-of-ways of tracts to give access to smaller tracts; the preparation of official plats or maps of land boundaries within the State of Arkansas; and teaching of land surveying. Pennsylvania State Registration Board for Professional Engineers, Land Surveyors and Geologists Application for PLS Reciprocity 8. Particular notice should be paid to the transfer of title by means other than recorded deeds and related documents, to physical occupation relative to record descriptions, to both extrinsic and intrinsic evidence, and to the hearsay nature of the evidence. It can serve as a handy reference for determining compliance or non-compliance with professional requirements in various phases of the practice and for various types of survey. Act 115 of 1976 gives Surveyors the right of entry. Failure to detect an error in measurement, resulting either from poor care or poor use of equipment, is prima facie evidence of a violation of this section. The specific law is hereby quoted: RSA 498-A:10 Right to Enter Property Prior to Condemnation. [top of page] 4.3 Design . The Pennsylvania Society of Land Surveyors (PSLS), a statewide professional organization, exists for the purpose of supporting, improving and enhancing the profession, its members, and the practice of land surveying. 1) Every reasonable effort should be made by a land surveyor to determine, A) the degree of conformity of the record evidence of adjoining property boundaries, and. A written report accompanying the survey plan is appropriate when the survey is inconclusive in some respect. (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) The Manual is not intended to supplant individual judgment and so-called local standards. 1Providing for a surveyor's right to enter the land of another to 2perform surveying services. Whenever a land surveyor registered under chapter one hundred and twelve deems it reasonably necessary to enter upon adjoining lands to make surveys of any description included under "Practice of land surveying", as defined in section eighty-one D of said chapter one hundred and twelve, for any private person, excluding . If your survey project requires you to gain access to the rail corridor, then the right-of-entry permit is a necessity for your business processes. 7.1(a)(2)(B) Any dependence on or disagreement with a prior survey should be noted on the survey plan, as well as any acknowledgment or disclaimer.