Civil Engineering Reference
In-Depth Information
2.7 Trespass by Surveyors and Adjoining Property Owners
Can a surveyor go onto abutting property without permission of the land owner?
Trepass
is the intentional intrusion or invasion of the land of another person. Any
knowing entry is a trespass. It has been said that the essence of private property
is the right to exclude others. Because private property is so highly regarded in
our legal system the courts have been reluctant to diminish the right of an indi-
vidual to keep unwanted persons from entering their property. Liability is incurred
by the trespasser merely by knowingly entering the land of another. It is not neces-
sary that the trespasser actually damage the owner's property. Just being there is
enough (Fig.
2.2
).
A person can commit a trespass not only by their presence on the land of
another, but also by causing some object to enter upon the land of another. Setting
a concrete bound on the abutting property without permission of the landowner is
a trespass. Erecting a building or putting a driveway on abutting property, with-
out permission, is a trespass. When a surveyor cuts brush on an abutter's property
without consent of the owner, the surveyor can be held liable for trespass and for
damaging the owner's property. A machete which is commonly used by surveyors
for cutting brush to clear survey lines can be seen in Fig.
2.3
.
Trespass can also be a criminal offense. This commonly occurs when the
trespasser knows they are not allowed on the property or when the trespasser
remains on the property when told to leave. Entering upon posted property or
upon property after being told by the property owner not to trespass may subject
Fig. 2.2
Surveyors must understand the laws against trespass prior to entering upon abutting
property
