Senate Library Room 157 Main Capitol Building Harrisburg, PA 17120-3055 Hours : b) Boundary A legal line of demarcation between real property title or rights and capable of being located on the face of the earth. 17(a) Right of entry.--If necessary to perform surveying. 5.1(b) The techniques in question are those of plane surveying, rather than curvilinear or geodetic surveying. Mostly they specify superiority: record monuments over undocumented monuments, physical monuments over measurements, and direction over distance; provided, however, that their application does not violate the evident intent of the conveyance or lead to absurd consequences. pennsylvania surveyor right of entry - sercano.com IV. But the procedures they employ in the performance of the work are fairly uniform among practitioners of the same competence working under similar circumstances. Surveyors, Professional - Michigan (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. PDF Right of Entry Agreement (Final) (6-30-14) - Pennsylvania Convention Center Historically, by far the most complaints have cited unprofessional conduct, perhaps because they can make reference to the code of ethics. Office: (215) 349-3446 . Virginia Supreme Court affirms right to survey without owner's permission 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. C) relate to the client, to the extent it can be anticipated, any possible effect on the use and ownership of the property. 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. If you need an attorney to represent you concerning a boundary line dispute, contact Robert Nislick, a Massachusetts real estate lawyer, and former law clerk at the Land Court, to discuss your rights and remedies. 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. That trust is to carry out the protective obligations of the state in the practice of the profession. 1) The guidelines presented in this Manual are best described as rules of reason. Professional Land Surveyor Pennsylvania Licensure Requirements Associate's or Bachelor's Degree 2 Examination Land Surveyor-in-Training Experience Required 24 Hours of Continuing Education 50.00 Initial Fee 100.00 Renewal Fee Bill Text: HI SB1468 | 2023 | Regular Session | Introduced 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 . The way in which individual practitioners do the work may vary according to their proficiency and efficiency. Pennsylvania is the 1986 treatise "Boundary Retracement Principles and Procedures for Pennsylvania" published by the Pennsylvania Society of Land Surveyors. 1) The Manual is concerned with land surveying as a profession. 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. 3. Section "Surveyor" defined. PSLS focuses on providing education, legislative involvement, enhancing public awareness, and the promulgation of the ethics of the profession. (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. 1services, a surveyor may enter upon the land of another and use 2customary equipment and vehicles. 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. B) the quantitative, i.e. 8 Section 2. The apparent reason for including both under one heading is that the Registration Law did not envision mapping independent of engineering, such as the compilation of geographic information or the preparation of plans used for forensic purposes. 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. f) To attempt to obtain or render technical services or assistance without fair or just compensation commensurate with the services rendered: Provided, however, the donation of such services to a civic, charitable, religious or eleemosynary organization shall not be deemed a violation. The practitioner should, however, beware of making oral agreements, especially on projects the scope or extent of which is either indeterminate or possibly misrepresented. 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. 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. in good time and at a reasonable cost, and with the cooperation of those in possession of it. The simple answer is yes. The persons named in this section may, without liability for trespass, investigate, construct, or place a monument or reference monuments for the . (iii) to detect any omissions or inconsistencies in the design. Proudly founded in 1681 as a place of tolerance and freedom. 32 CFR 552.35 - Rights-of-entry for survey and exploration. Join John "JB" Byrd, NSPS registered lobbyist, for this webinar to learn more about pending national legislation affecting the profession in 2023, as well as the process for impacting legislation to assure that the interests of surveyors and the public health, welfare, and safety are served. 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. Surveyors, Engineers, Planners & Geologists - LACO Associates Your Trusted Surveyors, Engineers, Planners and Geologists Advancing the quality of life for generations to come Request A Quote We used LACO Associates to help us modify our winery use permit. Words do not always have singular meanings. 1.2 Statutory Definition of Land Surveying, According to the Registration Law, Section 2. For geodetic surveys, the least squares adjustment method is appropriate. (iii) stored for future reference and remain property of the surveyor. 49 Pa. Code Chapter 37. State Registration Board For Professional Learn more about the 2024 Surveyors' Conference. An expert witness differs from a lay witness in that he can testify not just to facts, but to his opinion, and may charge his usual professional fee for this service. Although a professional practice is a business, its principal aim is not the personal gain of the practitioner, not that of the client. It is lawful for any surveyor to enter upon any land for the purpose of locating existing survey or reference monuments or landmarks, provided, however, such surveyor shall be responsible to the landowner for any and all damages as a result of such entry, and no surveyor may enter upon any land unless first notifying the owner or occupant of the intended entry . mining) surveys and aerial surveys. Commentary: 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 . 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. An ink stamp seal or a digitally reproduced seal is assumed to be a facsimile. Keystone State. Not all rules apply all the time only those relevant to the contracted functions. 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. Bill Information - Senate Bill 832; Regular Session 2013-2014 - PA 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. (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. The form depends on the sophistication of the practitioner and his clients. B) Provide the client with a copy of the agreed-upon survey specifications, or inform the client of their availability. After receipt of an application . (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. B) Instrument Errors: Repeat measurements and proper corrections to measurements shall be made to minimize systematic errors. Section 120C: Entry upon adjoining lands by surveyors not constituting trespass Section 120C. (ii) any discrepancies in the location of the physical evidence compared to the written evidence. is made to the Land Surveyors' Act by any statute, it shall be construed as referring to the Professional Land Surveyors' Act. The definition of the Practice of Land Surveying in the Registration Law makes no reference to the surveyors search for written and physical evidence. A) Condition: All field equipment shall be kept in such working order as to achieve the precision normally expected of the equipment. m) Standard A model, example, or rule established by customary use or general consent, differentiated into imperative (shall) and discretionary (should). (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. (ii) explicitly or implicitly become part of the public record. For clarification of their meaning and the meanings of other words, a practitioner should confer other texts. Incompetence is a distant fourth. The best precaution against malpractice and negligence, however, is a level of care that meets or exceeds the norm, or standard practice. It is the temporary supplement to the Pennsylvania Code, which is the official codification of rule, regulations and other statutorily authorized documents. 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 . 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. Commentary: Cross References This chapter cited in 49 Pa. Code 41.26 (relating to professional corporations). RIGHT OF ENTRY: Right of entry allowed; landowner consent not required; conditions allowing entry. Request for Right Of Entry for Land Surveying . 9.1(b)(2)(A) Frequently, unlicensed party chiefs effectively exercise responsible charge in the field. 54.122 Right of entry; identification of vehicle. A) in sufficient number to make the boundary apparent to anyone that has reason to know its location, and. 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. (ii) any gaps and/or overlaps with the adjoiners described boundaries. In Ontario, the Surveys Act, R.S.O. Anyone with the appropriate equipment can simply register with our GIS Services Division and receive a username and password to access the base station 24 . For one, you might simply wish to be neighborly. C) Come to an understanding about the survey specifications to be followed, and apprise the client of the consequences of non-standard performance. (i) the described location of the clients boundaries. SECTION 3. 2) These rules can be distinguished from rules of law according to their source, and from rules of construction according to their purpose. PDF Engineer, Land Surveyor nd Geologist And Geologist Registration La 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 . 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. Entry upon adjoining land; Liability for damages. Non-compliance with any of the rules presented in this Manual may expose the practitioner to such action or prosecution. h) To attempt to practice in any field of engineering, land surveying, or geology in which the registrant is not proficient. An Act providing for a surveyor's right to enter the land of another to perform surveying services. (iii) any differences between occupation lines and record boundaries. 7.1(b)(2) The fact that a description need not contain numerical information to be legally acceptable requires that this section be discretionary. Commentary: The quoted definitions are nominal definitions, i.e. It would not permit an appraiser to enter land over the objections of the taxpayer nor would it allow for the entry into a private building without the consent of the owner. 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. 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. 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. TCA 62-18-124. Permission from the owner to enter their property is an MDOT requirement as well as a courtesy. PDF Request for Right Of Entry for Land Surveying - ftp.txdot.gov 3) The licensing of a profession is undertaken by the state to protect the health, safety and welfare of the public. (iv) rights associated with the property. Actalent hiring Survey/CADD Technician in Greensburg, Pennsylvania 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. Eff. Contact Representative, https://www.legis.state.pa.us/cfdocs/billinfo/billinfo.cfm?syear=2013&body=S&type=B&bn=832. The Pennsylvania Bulletin is the official gazette of the Commonwealth of Pennsylvania. the meaning of the words strictly within the context of this Manual. DEMOGRAPHIC CHANGES Candidates must contact the Pennsylvania State Board of Engineers, Land Surveyors and Geologists at (717) 783-7049 regarding demographic changes, including name, address, or email changes. A) The reliability of monuments other than those called for in the public record shall be verified by their correlation to, (v) accepted occupation or possession lines. Introduced. For more information, contact him at (508) 405-1238, or by e-mail. Data collectors are useless without the appropriate computer hardware and software. Use tab to navigate through the menu items. THE SENATE. General rule: The rules articulated in the preceding sections with regard to boundary surveys shall apply in appropriately modified form to all surveys mentioned in this section. New York State Surveyor Right of Entry Law; Monroe County GNSS CORS. Contact Senator PDF National Society of Professional Surveyors 9.1(a)(1)(A) Reference is made to photogrammetry and remote sensing, referred to as methods of measuring in the Registration Law. Licensing bestows on the professional a public trust that extends not just to the client, but to all those affected by the services. A) Human Errors: Sufficient redundant measurements shall be made to detect blunders and oversights. 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. PDF ASPRS 2012 State Surveying Regulations 552.35 Rights-of-entry for survey and exploration. B) identify the problem by name, describe the difference in numbers, and, if possible, provide an explanation for the difference. (ii) identify the source of the information, (iii) state the degree of its accuracy, and. (i) aid in any way in the correct location of boundaries, and thereupon. 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. On occasion, the words may warrant other interpretations, but their meaning should not be altered without good reason. 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. Act 115 of 1976 gives Surveyors the right of entry. . 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. Adherence to them is strictly voluntary. Land Surveying is a licensed profession. Written notice delivered by hand to the landowner or to the residence of the landowner upon whose land the surveyor may enter or cross, delivered at least 24 hours prior to the surveyor's entering the land; or [PL 2013, c. 180, 5 (NEW); PL 2013, c. 180, 6 (AFF).] PDF M-4902ROE (8-21) RIGHT OF ENTRY AGREEMENT - Pennsylvania Department of Surveyors Right of Entry Law, SB 1461 was introduced in the Senate in April, 2013. 367, last amended December 16, 1992). Chapter 925 Statutory Rights of Action and Defenses - Justia Law (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. 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. c) To attempt to supplant another land surveyor after definite steps have been taken toward his employment. 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. Sec. 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. 8.1(b)(2)(B) Once litigation has commenced, it is advisable that the surveyor be retained by the attorney for the disputant, for reasons of professional-client privilege. 9.1(a)(1)(B) Land surveying in Pennsylvania is generally plane surveying. 4.1(b)(2)(B) Historical and biographical information, even if anecdotal, can on occasion be decisive in determining the credibility of monuments. 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. 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. g) Practitioner Any person performing professional services, primarily one that is licensed, but also anyone else acting consistently with the law (under direct supervision of a licensed professional). May include the search for physical evidence called for in the written evidence. 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 7.1(a)(2)(A) A note on the content of a plan; the format and any original idea shown on the plan may be copyrighted, but the information contained in it cannot be copyrighted. 1.5 (c) Both kinds of rules are only guidelines. All services shall be performed in accordance with the current edition of the Manual of Practice for Professional Land Surveyors in the Commonwealth of Pennsylvania. B) Any survey specifications not to be followed in providing agreed-upon services should be explicitly mentioned. Attn: Beth Spellman 100 W. Oxford Street, Suite E3100 Philadelphia, PA 19122 P: 267-832-8252 bspellman@rodriguezconsulting.biz Steckbeck Engineering & Surveying, Inc. Attn: Jason E. Chernich . The commentaries are more specific than the rules, and flush out the rules. 3) The rules presented in this Manual are of two kinds, divided according to their coerciveness. Surveying consists largely of determining the measurements of parcels of land. 2) At the same time, the practitioner should, A) Put the terms of the agreement in writing, and retain a signed copy of the agreement, and. Nor is it meant to be applied to surveys that do not require the placement of corner markers, such as mortgage/inspection surveys, title surveys, or permit-related surveys. (ii) the proper method of adjusting measurements for random errors. 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. By the same token, members cannot be held subject to different guidelines by virtue of membership. 6.1(a)(1)(A) The composition, length and width of markers is determined either tacitly by common practice in a given area, or noted in writing by ordinances and other specifications , and should be appropriate to the circumstances. 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. Reference markers or ties to permanent structures are advisable for easy retracement.