Harrisburg, PA 17105-2649, Physical AddressOne Penn Center,2601 N. 3rd StreetHarrisburg, PA 17110, Drop-Off Hours:Effective November 1, 20198:30 -4:00 (M-F). For this reason, the land surveyor is the best judge of a good description, and the most capable of writing one. 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. 9.1(a)(1)(B) Land surveying in Pennsylvania is generally plane surveying. The right of entry is 1) Topographic Surveys costs of repair and restoration pursuant to 75 Pa.C.S. Please enable scripts and reload this page. 7.1(b)(2) The fact that a description need not contain numerical information to be legally acceptable requires that this section be discretionary. Land Surveyor-in-Training Experience Required. Some other functions may or may not be performed without breach of duty. Protruding stakes or pins may inadvertently result in harm to person or machine. The way in which individual practitioners do the work may vary according to their proficiency and efficiency. A) Clients should be made aware of services that are not included in the agreement. Upon entering the land of another, the 6surveyor shall display the identification to any individual 7requesting to view it. A practitioner is urged to take extreme care in providing a written certification to avoid liability, not only for misrepresentations but also for assumptions. This Manual of Practice has been produced through the voluntary efforts of the PSLS Standard of Practice Committee, PSLS Chapter affiliations, PSLS membership and other surveying professionals throughout the Commonwealth. 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. In completing Section 9, Criminal and Disciplinary Information and you answer "YES" to any question, you must attach a full explanation on an 8-1/2" x 11" sheet of paper and submit a Any relevant information (e.g., title report) in the possession of the client should be supplied to the surveyor. 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: (ii) identify the source of the information, (iii) state the degree of its accuracy, and. [top of page] 4.3 Design . Any surveyor authorized by the court and the surveyor's employees may, without liability for trespass, enter upon any land or waters and remain there while performing the duties as required in RCW 58.04.001 through 58.04.007 and this section. 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 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. (i) aid in any way in the correct location of boundaries, and thereupon. 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 Such surveys are conducted mainly by means of the Global Positioning System, and are apt to employ the Pennsylvania State Plane Coordinate System. Commentary: (b) The . Section 3. 9.1(a)(1)(A) Reference is made to photogrammetry and remote sensing, referred to as methods of measuring in the Registration Law. Pennsylvania is the 1986 treatise "Boundary Retracement Principles and Procedures for Pennsylvania" published by the Pennsylvania Society of Land Surveyors. 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). 54.122 Right of entry; identification of vehicle. A) Sufficient field investigation shall be conducted to establish; (i) the existence and the condition of monumentation called for in the written evidence. 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) (v) the practitioner responsible for the survey and plan. Continuing Education Provisions (PDF) Act 48 of 1993 - Schedule of Civil Penalties Fees Contact State Registration Board for Professional Engineers, Land Surveyors and Geologists P.O. 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. (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(b)(2) A metal or plastic cap with the surveyors name and license number (or other means of identification as they become available) will meet this standard. 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 . Fax: (215) 349-1983 . Michigan Compiled Laws Complete Through PA 278 of 2022 House: Adjourned until Thursday, January 19, 2023 12:00:00 PM . (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, Not only will it prevent misunderstanding and ill feeling; it will, in some instances, preclude a dispute and preserve the integrity of the practitioner. Our online system provides more efficient services to those applying for a Professional Surveyor license. A) immediately communicate the existence and the seriousness of the circumstance to the client. For larger surveys, one of the horizontal adjustments (transit rule, compass rule or Crandall rule) may be employed. Historically, by far the most complaints have cited unprofessional conduct, perhaps because they can make reference to the code of ethics. Land Surveyors are said to have a quasi-judicial function. In Ontario, the Surveys Act, R.S.O. Sec. In surveying, they are rules for resolving ambiguities in legal descriptions and inconsistencies in monumentation. 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. [SB1468 Detail] Download: Hawaii-2023-SB1468-Introduced.html. 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. 3 The General Assembly of the Commonwealth of Pennsylvania 4 hereby enacts as follows: 5 Section 1. i) To use or permit the use of his professional seal on work over which he was not in responsible charge. Surveyors Right of Entry Law, SB 1461 was introduced in the Senate in April, 2013. May 14, 1976. Act 41 does this by granting all boards and commissions within the Commonwealth the authority toendorse licensees from other states, territories or jurisdictions (with substantially equivalent licensing requirements) who are active, in good standing and without discipline against their license or criminal conviction. 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. 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. May include the search for physical evidence called for in the written evidence. 2. Associate's or Bachelor's Degree - An applicant to be licensed as a professional land surveyor must show proof of one of the following: 2 Examinations -A candidate for licensure as a professional land surveyor shall be certified as a land surveyor-in-training and achieve a passing score on the National Council of Examiners for Engineering and Surveying principles and practice of surveying examination and the fundamentals of land surveying examination. (iii) to detect any omissions or inconsistencies in the design. 9.1(b)(1)(B) Dual registration is prima facie evidence of such competence. Land Surveyors may also perform engineering land surveys. (i) be drawn at an appropriate scale, and be of an appropriate size, and, A) The survey plan shall identify (usually in a title block), (ii) the ownership or address of the property, (iii) the municipality and county in which it is located, (iv) the date and scale of the drawing, and. 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. Or, as mentioned earlier with the fence, you might have common interests. Professional Land Surveyor Licensure Requirements Snapshot. 6 This act shall be known and may be cited as the Surveyor's 7 Right to Enter Act. Available to the public, is the ability to connect to County base stations to perform Real-Time Kinematic (RTK) surveys. INTRODUCED BY ALLOWAY,SOLOBAY, TARTAGLIONE, SCHWANK AND EICHELBERGER, JANUARY15,2013, REFERRED TO CONSUMER PROTECTION AND PROFESSIONAL LICENSURE, JANUARY15,2013. B) the quantitative, i.e. The specific law is hereby quoted: RSA 498-A:10 Right to Enter Property Prior to Condemnation. 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. 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 . A contract, verbal or written, specifying type of work and terms under which it is to be done. Keystone State. 1.5(d) As a guide to standard practice, the manual may also make practitioners aware of actions that could result in a complaint against them. 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. measured, differences between record and ownership lines. All three types of alternate resolution tend to avoid lengthy and costly litigation. E) deed reference, or source of title reference. 4) The rules are supplemented by commentaries containing either explanations or illustrations of the rules, or directions for implementing them. 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. Each survey is unique, and each surveyor must apply his knowledge and skills as he sees fit. An Act providing for a surveyor's right to enter the land of another to perform surveying services. A resident of Rochester, Pennsylvania, Widmer was a member of the Pennsylvania State Registration Board for Professional Engineers, Land Surveyors, and Geologists from 1991 to 2011 and is now an emeritus member. For more information, contact him at (508) 405-1238, or by e-mail. 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. 8.1(a)(2)(A) Prompt and accurate communication in this circumstance cannot be sufficiently stressed. A) Human Errors: Sufficient redundant measurements shall be made to detect blunders and oversights. History:1976, Act 115, Imd. For clarification of their meaning and the meanings of other words, a practitioner should confer other texts. The form depends on the sophistication of the practitioner and his clients. B) Construction stake-out and post-construction surveys on relatively small projects should apply the same principles and methods of measurement as boundary surveys. New York State Surveyor Right of Entry Law; Monroe County GNSS CORS. 1) The written description of the property shall be based on the survey and conform to the graphic depiction of the property on the survey plan. (iv) disclaim any use for which the information is inappropriate. 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. (ii) the proper method of adjusting measurements for random errors. 908 N 2nd Street | Harrisburg, PA 17102 B) Placement: Precaution shall be taken to avoid unexpected damage to the equipment in actual use, as well as in transport and in storage. 2) Additions and Amendments to the Agreement. (iii) kept in state (PennDOT) and municipal offices (City Clerk; Engineering, Planning and Building Inspection Offices). Pennsylvania 19104 . 1services, a surveyor may enter upon the land of another and use 2customary equipment and vehicles. Definitions. f) Misconduct Any action that is illegal or unethical, notably as determined by the Registration Law and the Regulations of the Registration Board. Right of Entry for Survey Purposes Existing laws within this State authorize the Commissioner or representatives to make surveys on private properties for highway purposes. tract: means an area of land that is: Indiana Code 36-9-27.4-8. RIght of Entry question>MA. B) Topographic information should be obtained by the most efficient means, without sacrificing, (i) the principle of responsible charge, and. b) Boundary A legal line of demarcation between real property title or rights and capable of being located on the face of the earth. 5.1(b)(3)(B) Keeping detailed records is not a statutory requirement, but it is a time-honored tradition, and a service to oneself and to the profession. graduation from an approved civil engineering curriculum of at least four years, including no less than ten credit hours instruction in surveying. 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 j) To aid and abet any person in the practice of land surveying not in accordance with the provisions of this act or prior laws. MCL 54.122. Check out our professional directory. This search, however, is indispensable, and an inadequate search is the most common cause of error in relocating boundaries. 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 a) Agreement An arrangement as to a course of action. 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. A) Land surveyors performing geodetic surveys or employing the results of geodetic surveys should be knowledgeable about the principles of geodetic surveying. Deviation from the first kind is unprofessional, while deviation from the second kind may only be imprudent. Commentary: (ii) any gaps and/or overlaps with the adjoiners described boundaries. 9.1 Land surveying is perhaps better described as an arm of engineering. 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. This program is a great tool for Title companies, real estate attorneys, assessors . Surveying and the Principles and Practices of Land Surveying if completed in another state or territory. Act 115 of 1976 gives Surveyors the right of entry. The persons named in this section may, without liability for trespass, investigate, construct, or place a monument or reference monuments for the . Hence, the two types of rules. 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. 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 . In general, rules of construction are rules for clarifying the intent or meaning of a document. Pennsylvania Society of Land Surveyors801 East Park Drive, Suite 107Harrisburg, PA 17111. B) Provide the client with a copy of the agreed-upon survey specifications, or inform the client of their availability. State Registration Board for Professional Engineers. 6.1 This subsection is not meant to apply to natural markers, such as trees, streams, and roads, or to previously set markers. 2. A) Condition: All field equipment shall be kept in such working order as to achieve the precision normally expected of the equipment. 1990, c. S. 30 allows licensed surveyors and persons in the surveyor`s employ to enter onto private lands . h) To attempt to practice in any field of engineering, land surveying, or geology in which the registrant is not proficient. California Penal Code 602.8, which covers trespassing violations, includes a subdivision that exempts "any person licensed pursuant to" California . 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. Whenever reference is made to a land surveyor by any statute, it shall be construed as CONSUMER PROTECTION AND PROFESSIONAL LICENSURE, Licensed Professional Land Surveyors - Legal Right to Entry - VERSION TWO. the meaning of the words strictly within the context of this Manual. The term "land surveying" shall not include the measuring of acreage of timber, cotton, rice or other agricultural crops the position and slope of the area of a drain field). A) The terms of any services that substantially alter the original agreement should be negotiated as; (iii) arising from the circumstances of the agreed-upon work. 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. (3) an authorized representative of a county surveyor or drainage board; has a right of entry over and upon a tract of land containing a drain or natural surface watercourse that is the subject of a petition filed under this chapter. 19(2) A place used for residence or storage. Text Size: A A A Print. B) Any change in the required survey specifications should be negotiated. k) Report A narrative compilation and analysis of facts and circumstances concerning a survey. A) Random Errors: Judgment shall be exercised regarding. (iv) rights associated with the property. The provisions of this Chapter 37 issued under section 4 of the Engineer, Land Surveyor and Geologist Registration Law (63 P. S. 151), unless otherwise noted. 2) The description should be written in the commonly required form of a metes-and-bounds description, and include. RIGHT OF ENTRY BY SURVEYORS Act 115 of 1976 AN ACT to provide surveyors with a right of entry and to limit liability. 16Section 3. 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. The client should be notified of differences between use and record lines before making them obvious to anyone else. B) Land Surveyors shall engage in these practices only to the extent of their competence. 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. Permission from the owner to enter their property is an MDOT requirement as well as a courtesy. Surveying consists largely of determining the measurements of parcels of land. PSLS focuses on providing education, legislative involvement, enhancing public awareness, and the promulgation of the ethics of the profession. a Manual of Practice. (p.3). (a) This means that a surveyor and/or crew can cross a person's land in the course of performing a survey. That trust is to carry out the protective obligations of the state in the practice of the profession. 1) Upon request, the surveyor shall provide a signed written statement of either or both of the following; A) the parties to whom the certification is made, and. Use tab to navigate through the menu items. 1Providing for a surveyor's right to enter the land of another to 2perform surveying services. Geodetic surveys are surveys of land masses, with or without regard for ownership or jurisdiction, and take into consideration the curvature of the earth. Senate Library Room 157 Main Capitol Building Harrisburg, PA 17120-3055 Hours j) Record Writing that provides official evidence of an action and of its intent, usually deposited with a legally designated officer and available to the public. Some are obligatory; others only discretionary. 4. A) ascertain the stage to which the dispute has progressed, most notably whether legal counsel has been retained, litigation has been initiated, or the case has already been heard or decided, B) attempt to determine the necessary scope of the surveying services, or the effective contribution of a survey, to the resolution of the dispute, and, (ii) his/her desirability as an expert witness, and. 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. Commentary: The above could be considered interpretations, i.e. (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 552.35 Rights-of-entry for survey and exploration. It also extends surveying to the entire surface of the earth, both land and water, as well as above and below the surface of the earth. 7.1(a)(2)(B) The Registration Act requires the seal to be embossed on the first page of all documents issued to clients, a facsimile being permitted on the other pages. 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. It is carried out as a service to the public. C) relate to the client, to the extent it can be anticipated, any possible effect on the use and ownership of the property. Its aim is the impartial application of the specialized knowledge and skills of the profession. We are exempt from trespass as we need to be able to gather enough information to accurately survey the land we were retained to survey. About IOT; The Saillant System; Flow Machine. Mountain Valley had sued Frith and the others, seeking a court order to confirm the company's right to survey the properties without the owner's consent a right Mountain Valley said the . 1) The Manual is intended to be a guide to the standard practice of the profession of land surveying. Information that merely makes reference constitutes implied actual notice. 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. 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.
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