Right Of Entry | Alabama Land Surveyor | Alabama Land Surveying | Land surveyor | Land Surveying

Right Of Entry for Land Surveyors

NOTICE!!! AND WARNING!
RIGHT OF ENTRY TO LANDS OF OTHERS LAW
Yes, Land Surveyors now have the right of entry to lands of others without being liable for trespass in the State of Alabama, BUT surveyors MUST make a REASONABLE EFFORT TO NOTIFY the property owners before entry. You SHOULD DOCUMENT your efforts by noting on your calendar/field books the date and time of whom you contacted whether by phone, mail or in person.It is imperative to instruct your FIELD CREWS that a reasonable effort has to be made to contact the landowner before they can enter the lands. The Field crew should document the contacts that they make also.


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These Signs Say It All


Right of Entry: Right of Entry to lands of others
Revision to the Alabama Board of Licensure for Professional Engineers and Land Surveyors Law – Section 34-11-2 (d) 1-5

Passed by the legislature on May 6, 2004, signed by Governor Riley, May 17, 2004 became law August 16, 2004.

“(d) Right of entry on land of others by professional land surveyor-Notification of landowner-Liability of landowner. As used in this subsection, the term professional land surveyor shall include the agents, the employees, and any personnel under the supervision of a professional land surveyor.

(1) A professional land surveyor may go on, over, and upon the lands of others which is not enclosed by any device to deter entry to or exit from industrial facilities or plant sites by humans or vehicles, if necessary to perform surveys for the location of section corners, quarter corners, property corners, boundary lines, rights-of-way, and easements, and may carry and utilize equipment and vehicles. Entry under the right granted in this subdivision shall not constitute trespass. A professional land surveyor shall not be liable to arrest or to a civil action for trespass by reason of this entry.

(2) Nothing in this subsection shall be construed as giving authority to a professional land surveyor to destroy, injure, damage, or move anything on the lands of another without the written permission of the landowner and nothing in this section shall be construed as removing civil liability for damages.

(3) A professional land surveyor shall make reasonable effort to notify adjoining landowners upon whose land it is necessary to enter.

(4) No owner or occupant of the land shall be liable for any injury or damage sustained by any person entering upon his or her land under this subsection.

(5) Nothing in this subsection shall limit the rights of condemning authorities under Sections 18-1A-50 to 18-1A-55 inclusive.

Note: Go to www.bels.Alabama.gov and click on Current Licensure Law. Scroll down to page 8, right hand column.

A.S.P.L.S.(Alabama Society Of Professional Land Surveyors) asked for and lobbied heavily for this change to the BOL Licensure Law and it has been most useful for Alabama Surveyors.

Alabama Power Company lobbied to have this part included in our law “ which is not enclosed by any device to deter entry to or exit from industrial facilities or plant sites by humans or vehicles”.

Special thanks to Ann Galloway and A.S.P.L.S.

A.S.P.L.S.(Alabama Society Of Professional Land Surveyors)
Website:aspls.org
Email:ten.htuoslleb|1slpsa#ten.htuoslleb|1slpsa


Land Surveyor/Alabama Land Surveyor/Glen Tanner Land Surveying

Also check out; Why A Survey, Types Of Surveys, Measurements, Selecting A Surveyor,Q & A.
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