LAND SURVEYOR Right To Entry
LAND SURVEYOR'S RIGHT TO ENTRY
Surveyors have an unusual yet longstanding right of entry that you should be aware of as one of the tools assisting your ability to Protect Your Boundaries™. Licensed Land Surveyors and their staff, working within the Province of Ontario, have a statutory right to enter onto private property in order to perform a survey. Often employees of an Ontario Land Surveyor meet resistance when exercising this right of entry. Neighbours may object and have been known to call the police to stop what they consider an act of trespass.
The law recognizes certain circumstances when officials of certain government agencies and inspectors can enter onto private land without a search warrant. But this access is subject to limitations. Even fire firefighters and EMS staff have to be cognizant of restraints on their common law rights to enter on private land during an emergency.
When a surveyor goes onto private property the following stipulations apply:
Identify themselves and their firm (including vehicle signage).
Have a professional Demeanor and appearance.
Can not cause damage.
Provide notice where possible
Leave the site in a similar condition as it appeared before they arrived.
Have due regard for the clients privacy rights in explaining the purpose of the survey The reason this access is needed is straightforward. Rigorous measurements need to be taken to features on both sides of a boundary. Surveyors are required to look for survey monuments that have previously been planted in the ground which are often accessible only through adjacent land.
Consider this example:
You are buying a home and need to have Real Property Report done on a property that is currently owned by the vendor. The crew shows up and the current occupants of the home people say "I don't care if the purchaser needs a survey, they don't own the property yet; so get off my land!"
Surveyors tell tales of inadvertently seeing cannabis
Surveyors have an unusual yet longstanding right of entry that you should be aware of as one of the tools assisting your ability to Protect Your Boundaries™. Licensed Land Surveyors and their staff, working within the Province of Ontario, have a statutory right to enter onto private property in order to perform a survey. Often employees of an Ontario Land Surveyor meet resistance when exercising this right of entry. Neighbours may object and have been known to call the police to stop what they consider an act of trespass.
The law recognizes certain circumstances when officials of certain government agencies and inspectors can enter onto private land without a search warrant. But this access is subject to limitations. Even fire firefighters and EMS staff have to be cognizant of restraints on their common law rights to enter on private land during an emergency.
When a surveyor goes onto private property the following stipulations apply:
Identify themselves and their firm (including vehicle signage).
Have a professional Demeanor and appearance.
Can not cause damage.
Provide notice where possible
Leave the site in a similar condition as it appeared before they arrived.
Have due regard for the clients privacy rights in explaining the purpose of the survey The reason this access is needed is straightforward. Rigorous measurements need to be taken to features on both sides of a boundary. Surveyors are required to look for survey monuments that have previously been planted in the ground which are often accessible only through adjacent land.
Consider this example:
You are buying a home and need to have Real Property Report done on a property that is currently owned by the vendor. The crew shows up and the current occupants of the home people say "I don't care if the purchaser needs a survey, they don't own the property yet; so get off my land!"
Surveyors tell tales of inadvertently seeing cannabis