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. 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). Right to enter land of another. A. Also, compliance with the guidelines may make the practice more uniform throughout the state. A) immediately communicate the existence and the seriousness of the circumstance to the client. American Congress on Surveying and Mapping and American Society of Civil Engineers, latest edition, 2) Blacks Law Dictionary, latest edition. 2) Additions and Amendments to the Agreement. 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. Sample door-hanger notification cards are available upon request. It is incumbent upon the surveyor to know the various requirements regarding monumentation. (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. If your survey project requires you to gain access to the rail corridor, then the right-of-entry permit is a necessity for your business processes. 7.1(c)(1) A log of all communications and of the administration of a survey is advisable. Surveying consists largely of determining the measurements of parcels of land. A surveyor can be called as an expert witness by someone other than his client, notably the other disputant. 8.1(a)(2)(A) Prompt and accurate communication in this circumstance cannot be sufficiently stressed. But drafting still need not be aided by computer. 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. 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. About IOT; The Saillant System; Flow Machine. 8.1(b)(1)(A) Surveyors, on being asked the name of a good lawyer, should be impartial in their recommendation. Surveyors Right of Entry Law, SB 1461 was introduced in the Senate in April, 2013. 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. Written notice mailed by first class mail to the landowner upon whose . D) apprise the client of foreseeable options and of their likely consequences, and mention the advisability of legal counsel, E) conclude the field work only after an understanding by the adjoiners that an acceptable location of the boundary has been reached, and. Senate Library Room 157 Main Capitol Building Harrisburg, PA 17120-3055 Hours 9.1 Land surveying is perhaps better described as an arm of engineering. 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. History:1976, Act 115, Imd. Act 115 of 1976 gives Surveyors the right of entry. F) place explanatory notes and appropriate disclaimers on the survey plan. E) deed reference, or source of title reference. A) Clients should be made aware of services that are not included in the agreement. The society's most prestigious award for a surveyor who has displayed exemplary service to the Society, the public, and the profession, will be presented at the 2020 Annual onference in Hershey, PA., on January 13th at the Installa- tion of Officers and Awards banquet. 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. 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. (iii) the propriety of his/her involvement in the dispute. Information that merely makes reference constitutes implied actual notice. Upcoming Events PSLS Newsletter Advertisement Submission 13 Jun 2030 Website Advertising Submission Form 13 Jun 2030 Follow Us Menu Log in Some other functions may or may not be performed without breach of duty. 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. Such surveys are conducted mainly by means of the Global Positioning System, and are apt to employ the Pennsylvania State Plane Coordinate System. If you are having problems completing the application process, please contact us at 517-241-0199 for assistance and we can help walk you through the process. Land Surveyors are said to have a quasi-judicial function. Pennsylvania Society of Land Surveyors801 East Park Drive, Suite 107Harrisburg, PA 17111. Any hesitation or reservation only increases the risk to the surveyor and to the client. tract: means an area of land that is: Indiana Code 36-9-27.4-8. Section 3. 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. Sec. 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. Check out our professional directory. The surveyor cannot appear to be less than reliable and trustworthy, or to have a conflict of interest. 7.1(c)(1)(A) The client should be given notice of circumstances that may adversely affect the use or ownership of the property, or constitute a safety hazard. (iii) apparent errors in the written descriptions of boundaries. The way in which individual practitioners do the work may vary according to their proficiency and efficiency. 4) Professionalism is the manner in which the profession carries out this public trust. 19(2) A place used for residence or storage. Surveying and the Principles and Practices of Land Surveying if completed in another state or territory. (v) restrictions upon the use of the property in the most recent deed, B) The search of public records should be extended to all pertinent information. Commentary: 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." Other types of surveys permitted to the land surveyor are, broadly speaking, engineering surveys and geodetic surveys (Section 8). is made to the Land Surveyors' Act by any statute, it shall be construed as referring to the Professional Land Surveyors' Act. For example, almost all states have right of entry laws for . graduation from an approved civil engineering curriculum of at least four years, including no less than ten credit hours instruction in surveying. a) Agreement An arrangement as to a course of action. After receipt of an application . B) The credibility of such monuments should be based in part on their apparent age and the prevalent practice in a given area. (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 Each survey is unique, and each surveyor must apply his knowledge and skills as he sees fit. 4.1(a)(1)(A) ALTA/ACSM Land Title Surveys require the client to supply an up to date title report. He previously served as NCEES treasurer and Northeast Zone vice president. A clear and specific agreement with a client is a precondition of rendering professional services satisfactorily. B) the specific items, the accuracy of which is being certified. A) The design of the infrastructure of a development (i.e. 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. 4.1(b)(2)(B) Historical and biographical information, even if anecdotal, can on occasion be decisive in determining the credibility of monuments. Please forward to ksherman@psls.org or call 717.540.6811. line and grade extensions of public streets and utilities, on-site water and sewer systems, storm water management facilities, and sediment and erosion pollution control measures), shall follow commonly accepted or specified engineering practices. g) To advertise in self-laudatory language , or in any other manner, derogatory to the dignity of the profession. You're minding your own business on your own property, which you own free and clear, and someone enters your property and asserts the right to be there. 2) Geodetic Surveys (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 Not only will it prevent misunderstanding and ill feeling; it will, in some instances, preclude a dispute and preserve the integrity of the practitioner. (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. (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. Rights of Way A. (ii) the proper method of adjusting measurements for random errors. 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. 2.2.1 Railroad Right-of-Way and Valuation maps . B) the conclusion drawn or opinion derived from the facts. Commentary: 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). (iii) to detect any omissions or inconsistencies in the design. (ii) explicitly or implicitly become part of the public record. B) coordinate, if litigation has commenced, his/her efforts with the attorney for the client and prepare to serve as an expert witness for the client. 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. 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. To contact the Board with general or application questions or assistance related to your license, application and/or for any technical support pertaining to the PA Licensing System known as PALS, please reference the link below. Sec. 367, last amended December 16, 1992). On occasion, the words may warrant other interpretations, but their meaning should not be altered without good reason. 6 This act shall be known and may be cited as the Surveyor's 7 Right to Enter Act. 1) The Manual is concerned with land surveying as a profession. Hence, the two types of rules. provided, however that such information is, a) significant or critical, not merely redundant, and. (1) A surveyor or a person in the surveyor's employ while making a survey may, (a) at any time enter and pass over the land of any person; or (b) at any time suitable to the occupant of a building enter the building, and do any act thereon or therein for any purpose of the survey, but the surveyor is liable for any damage occasioned thereby. Definitions. They express the level of practice that can generally be expected of practitioners. 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. But a complaint against a practitioner must be examined in light of the practitioners contractual agreement with the client, not simply by reference to the rules stated in this Manual. 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. B) Any change in the required survey specifications should be negotiated. 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 . Deviation from the first kind is unprofessional, while deviation from the second kind may only be imprudent. (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. Section 120C: Entry upon adjoining lands by surveyors not constituting trespass Section 120C. 3.1(a)(1)(A)(ii) If the cost of services is not a firm price but only an estimate, that fact should be stressed, whether the agreement is oral or written. 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. A) The search of public records shall be sufficient in breadth and depth to identify with reasonable certainty. It only defines the condition of professional practice, namely, responsible charge: May 14, 1976. e) To review the work of another land surveyor for the same client, except with the knowledge of such land surveyor , or unless the connection of such land surveyor with the work has been terminated. 1Providing for a surveyor's right to enter the land of another to 2perform surveying services. In surveying, they are rules for resolving ambiguities in legal descriptions and inconsistencies in monumentation. 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. f) Misconduct Any action that is illegal or unethical, notably as determined by the Registration Law and the Regulations of the Registration Board. Small lot surveys may not require any adjustment. l) Research The search for written evidence, both public and private. The client should be notified of differences between use and record lines before making them obvious to anyone else. (i) make reference to the datum of the information. Powers24-408, 24-429, 24-495 et seq. 5.1(a)(1)(B) This rule may seem superfluous. 4.1(a)(2)(A) Information actually provided constitutes express actual notice. Any relevant information (e.g., title report) in the possession of the client should be supplied to the surveyor. 6.1 This subsection is not meant to apply to natural markers, such as trees, streams, and roads, or to previously set markers. INTRODUCED BY ALLOWAY,SOLOBAY, TARTAGLIONE, SCHWANK AND EICHELBERGER, JANUARY15,2013, REFERRED TO CONSUMER PROTECTION AND PROFESSIONAL LICENSURE, JANUARY15,2013. (225 ILCS 330/5) (from Ch. This program is a great tool for Title companies, real estate attorneys, assessors . Although a professional practice is a business, its principal aim is not the personal gain of the practitioner, not that of the client. IV. 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. 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. Conscientious fulfillment of these demands cannot help but inspire public confidence. B) Geodetic information appearing on individual land survey plans (i.e. Land Surveyor-in-Training Experience Required -Applicants who apply for licensure as a Professional Land Surveyor must have been certified as a land surveyor-intraining. Commentary: 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) Right of entry.--If necessary to perform surveying 3. measured, differences between record and ownership lines. It is the temporary supplement to the Pennsylvania Code, which is the official codification of rule, regulations and other statutorily authorized documents. All three types of alternate resolution tend to avoid lengthy and costly litigation. 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 . For larger surveys, one of the horizontal adjustments (transit rule, compass rule or Crandall rule) may be employed. Professional land surveyor "Professional land surveyor" refers to one who practices or offers to practice land surveying. The reliability of the measurements depends on the equipment and techniques employed in measuring. 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 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. (iv) any problematic use of land indicated by the record evidence. B) Placement: Precaution shall be taken to avoid unexpected damage to the equipment in actual use, as well as in transport and in storage. Nor are they the absolute minimum standards. 2. B) identify the problem by name, describe the difference in numbers, and, if possible, provide an explanation for the difference. (iii) any differences between occupation lines and record boundaries. 2) These rules can be distinguished from rules of law according to their source, and from rules of construction according to their purpose. 5.1(a)(1)(A) The use of a particular type of instrumentation may be a business decision, based either on availability or on efficiency, rather than suitability and common use. c) Client A person or legal entity with whom the practitioner enters into an agreement. 3(b) Identification.--A surveyor shall carry a form of 4identification that indicates the surveyor's registration or 5place of employment. A contract, verbal or written, specifying type of work and terms under which it is to be done. 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 costs of repair and restoration pursuant to 75 Pa.C.S. Request for Right Of Entry for Land Surveying . Data collectors are useless without the appropriate computer hardware and software. 3 The General Assembly of the Commonwealth of Pennsylvania 4 hereby enacts as follows: 5 Section 1. 2) When the surveyor has been retained in connection with a boundary dispute, the surveyor should, A) suggest, if litigation has not yet commenced, alternate dispute resolution, such as an amicable agreement, mediation or arbitration, or. 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. (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. 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. Interested in visiting the State Capitol? Home; Dante Opera. ENTRY LEVEL SURVEYORS/CAD DRAFTERS**** Description:* Looking for a Survey/CADD Technician to work within the Greensburg PA area. On April 16, 2013, the bill was referred to the Committee for Consumer Protection and Professional Licensure where. That trust is to carry out the protective obligations of the state in the practice of the profession. A) the record of the survey shall take the form of a graphic representation of the results of the survey that can be, (ii) reproduced in a reasonable quantity, and. Land surveying has been given the dignity of being called a profession by law. CONSUMER PROTECTION AND PROFESSIONAL LICENSURE, Licensed Professional Land Surveyors - Legal Right to Entry - VERSION TWO. 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. 1) Prior to performing any professional services, a practitioner should, (i) the scope or extent of services to be performed, (ii) the cost or fee basis of the services, (iii) the approximate time of its completion, and. If ties of parcels of land to geodetic monuments are required, the land surveyor is expected to know the principles and techniques of geodetic surveying (see Section 9). 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. Fax: (215) 349-1983 . Eff. 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. A survey may include a plan, showing the results of the survey and bearing the seal of the surveyor, and may be accompanied by a written (legal) description. [SB1468 Detail] Download: Hawaii-2023-SB1468-Introduced.html. 9.1(b)(2)(A) Frequently, unlicensed party chiefs effectively exercise responsible charge in the field. 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. b) Boundary A legal line of demarcation between real property title or rights and capable of being located on the face of the earth. 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. 1) Markers found or set should be conspicuous to anyone that has reason to look for them, and identified as boundary markers. Title 18. Learn more about the 2024 Surveyors' Conference January 21 - 24, 2024at the Hershey Lodge in Hershey, PA. Federal Issues Facing the 118th Congress Impacting the Surveying Profession, February 22, 2023 | 12 PM - 1PM | Webinar. Office: (215) 349-3446 . 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. Inasmuch as examination for licensing includes questions on the various aspects of engineering applied in land development, incidental really means obligatory. This Registration and Right of Entry License Agreement ("Agreement") dated is entered between SMG, a Pennsylvania general partnership ("SMG") as Manager for the Pennsylvania Convention Center Authority, One Convention Center Place, 1101 Arch Street, Philadelphia, PA 19107, an agency and public instrumentality of the Commonwealth of B) Land Surveyors shall engage in these practices only to the extent of their competence. An Act providing for a surveyor's right to enter the land of another to perform surveying services. 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 licensed land surveyor shall either perform the field survey or exercise sufficient supervision of the work performed to be able to sign and seal the work related to the property lines . 6.1(b)(1) Prudence and safety must also be considered in making any markers conspicuous. Commentary: 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 . 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. A written report accompanying the survey plan is appropriate when the survey is inconclusive in some respect. B) be placed solidly, to minimize the likelihood of disturbance. 2) Upon discovery of any irreconcilable difference(s), the surveyor should. 2) The Manual is not intended to supplant individual judgment and so-called local standards. B) Record Keeping: Collected and processed data should be. Land Surveyor-in-Training Experience Required. 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. in good time and at a reasonable cost, and with the cooperation of those in possession of it. B) in a manner consistent with the rules of construction (boundary analysis). 913, No. SECTION 3. 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) Privacy Policy * Site Map, 2021 Pennsylvania Society of Land Surveyors. The rules of law are taken from judicial rulings, whereas the rules presented herein are derived from the well considered application of the knowledge and skills of the profession. Bill Title: Relating To Right Of Entry For Professional Surveyors. U.S. Surveyor, Nationwide Land Surveyors, call 1-800-TO SURVEY for your FREE Land Survey Quote. 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. Commentary: Licensing and subsequent Registration of Land Surveyors are the subject of the Engineer, Land Surveyor and Geologist Registration Law (Act of 1945, P.L. 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. (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. 54.122 Right of entry; identification of vehicle. View our step-by-step guide on how to access the Professional Development Hour (PDH) credits you have earned through PSLS programs. 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 B) The search of private records should ultimately be extended to any and all information indirectly indicated or implied in public and private records, both professional opinion and personal knowledge, that may. 4. Its aim is the impartial application of the specialized knowledge and skills of the profession. Commentary: 1. Like this: Loading. 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. In Ontario, the Surveys Act, R.S.O. Information that is not actually mentioned, but can be inferred, is constructive notice. Topographic surveys can also be underground (e.g. "Surveyor." An individual registered as a professional land surveyor, or agent thereof, under the act of May 23, 1945 (P.L.913, No.367), known as the Engineer, Land Surveyor and Geologist Registration Law. Track. A) Sufficient field investigation shall be conducted to establish; (i) the existence and the condition of monumentation called for in the written evidence. PSLS focuses on providing education, legislative involvement, enhancing public awareness, and the promulgation of the ethics of the profession.