pennsylvania surveyor right of entry

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) The guidelines presented in this Manual are best described as rules of reason. 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. 4.1(b)(2)(A)(vi) Parol evidence is a notarized statement confirming the identity or corroborating the location of called-for property monumentation. It only defines the condition of professional practice, namely, responsible charge: B) Construction stake-out and post-construction surveys on relatively small projects should apply the same principles and methods of measurement as boundary surveys. c) Client A person or legal entity with whom the practitioner enters into an agreement. 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. The search must always be sufficiently complete to perform the survey. 2) In general, a profession is (i) an occupation requiring specialized knowledge or skills, acquired by formal education, informal training and practical experience, (ii) the business of providing a range of services applying these skills, and (iii) aggregate of all those engaged in the business, but principally those licensed in the practice and therefore in responsible charge. 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. Pennsylvania Society of Land Surveyors 2040 Linglestown Road, Suite 200, Harrisburg, PA 17110 P: 717.540.6811 F: 717.540.6815 www.psls.org Pennsylvania Society of Land Surveyors 2 Summer 2011 PA Surveyor Officers Eff. RIGHT OF ENTRY: Right of entry allowed; landowner consent not required; conditions allowing entry. 9.1 Land surveying is perhaps better described as an arm of engineering. 1) A separate written report should be made whenever the results of the survey require explanation, and include, A) all the pertinent facts and an analysis of the facts, and. The corporation is to be formed for the purpose of promoting the interests of the land surveying profession in Pennsylvania and improving the professional status of Pennsylvania land surveyors by: (a) Encouraging maintenance of the highest standards of professional ethics and practice . 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. A) Land surveyors performing geodetic surveys or employing the results of geodetic surveys should be knowledgeable about the principles of geodetic surveying. Topographic surveys can also be underground (e.g. 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 (i) the described location of the clients boundaries. Commentary: At best, this implicit authority permits an appraiser to enter private land when the owner of that land has not raised an objection to such an entry. The primary intent of topographic surveys is to present existing conditions. 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. (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 5.1(a)(1)(B) This rule may seem superfluous. A written report accompanying the survey plan is appropriate when the survey is inconclusive in some respect. Commentary: The ten precepts (1.3, a through j) can be interpreted as prohibiting excessive and deficient ways of engaging in the five common professional business practices: setting acceptable fees (a and f), advertising (b and g), competing for work (d and h), taking charge of the work (c and j), taking responsibility for completed work (e and i). (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. The commentaries are more specific than the rules, and flush out the rules. Track. Responsible charge means a position that requires initiative, skill and independent judgment, and implies such degree of competence and accountability gained by technical education and experience of a grade and character as is sufficient to qualify an individual to personally and independently engage in and be entrusted with the work involved in the practice of land surveying (p.3), b) However, Articles of Incorporation of the Pennsylvania Society of Land Surveyors state that: B. U.S. Surveyor, Nationwide Land Surveyors, call 1-800-TO SURVEY for your FREE Land Survey Quote. (iii) any differences between occupation lines and record boundaries. No action for trespass shall lie against any surveyor licensed under chapter 391 or person acting at the direction of any such licensed surveyor who enters upon land other than the land being surveyed without causing any damage to such other land in order to perform a survey, provided no such surveyor or person acting at the direction of such Words do not always have singular meanings. 9The following words and phrases when used in this act shall 10have the meanings given to them in this section unless the 11context clearly indicates otherwise: 12"Surveyor." Contact Senator geodetic ties) or systematic land information plans should. C) The survey plan should, if appropriate, contain, (i) topographic features (notable improvements), (ii) encumbrances (encroachments and easements). Request for Right Of Entry for Land Surveying . The persons named in this section may, without liability for trespass, investigate, construct, or place a monument or reference monuments for the . 4.04 Metes and Bounds Surveys Figure 4-A Permission to Enter Letter (Example Only) Attachment 1 Entity List for Right of Entry (Example Only) B) be placed solidly, to minimize the likelihood of disturbance. AN ACT 1 Providing for a surveyor's right to enter the land of another to 2 perform surveying services. Box 2649, 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. Each survey is unique, and each surveyor must apply his knowledge and skills as he sees fit. A) Condition: All field equipment shall be kept in such working order as to achieve the precision normally expected of the equipment. Nor are they the absolute minimum standards. PSLS focuses on providing education, legislative involvement, enhancing public awareness, and the promulgation of the ethics of the profession. 7.1(b) The Registration Act exempts the writing of legal descriptions from licensure and registration. 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 . It may be required when the plan provides evidence for a legal proceeding or an insurance claim, and may be forensic in nature. Licensing upon examination that included engineering design is also evidence of such competence. On occasion, the words may warrant other interpretations, but their meaning should not be altered without good reason. Where it is necessary to enter upon non-Government-owned real estate during site selection, particularly for the purpose of conducting topographic surveys and test borings, the appropriate division or district engineer will negotiate rights-of-entry for survey and exploration. 3.1(b)(1)(A) Some services may be excepted as a rule, such as setting corner pins in doing a mortgage survey or placing a written certification on a survey plan. costs of repair and restoration pursuant to 75 Pa.C.S. 1) The focus of the Manual is the way in which most surveyors practice the profession most of the time This way of practicing is generally called standard practice. Upcoming Events PSLS Newsletter Advertisement Submission 13 Jun 2030 Website Advertising Submission Form 13 Jun 2030 Follow Us Menu Log in Geodetic surveying, employing the state coordinate system or the global positioning system, is used in land surveying either to make ties to geodetic monuments or to establish control points for surveys of large projects. subject a surveyor to monetary damages, restitution, fines, or even jail. 913, No. Landowners affected by infrastructure projects and/or facing expropriation often wonder if a surveyor may access private property without permission. Not all rules apply all the time only those relevant to the contracted functions. It can be amplified by a written report and a certification. The placement of boundary markers distinguishes boundary surveying from all other forms of surveying and makes land surveyors professionals in their own right a fact that is recognized by statute. 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. Comments concerning the Manual of Practice should be forwarded to the below address. The reliability of the measurements depends on the equipment and techniques employed in measuring. The guidelines of this Manual are, therefore, not the highest possible standards. 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. 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) aid in any way in the correct location of boundaries, and thereupon. 2. In short: If your state does not have right-of-entry laws, you are not required to let surveyors onto your land.