Pennsylvania 19104 . Reference markers or ties to permanent structures are advisable for easy retracement. Like this: Loading. 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." 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. Permission from the owner to enter their property is an MDOT requirement as well as a courtesy. The specific law is hereby quoted: RSA 498-A:10 Right to Enter Property Prior to Condemnation. The right of entry is For clarification of their meaning and the meanings of other words, a practitioner should confer other texts. Contact Representative, https://www.legis.state.pa.us/cfdocs/billinfo/billinfo.cfm?syear=2013&body=S&type=B&bn=832. Practice of land surveying defined. 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. 4.1(b)(2)(A)(vi) Parol evidence is a notarized statement confirming the identity or corroborating the location of called-for property monumentation. The definition of the Practice of Land Surveying in the Registration Law makes no reference to the surveyors search for written and physical evidence. Licensing and subsequent Registration of Land Surveyors are the subject of the Engineer, Land Surveyor and Geologist Registration Law (Act of 1945, P.L. (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. (iii) any differences between occupation lines and record boundaries. 8701. 111, par. a) The Registration Law does not contain any guidelines to professional practice. The reliability of the measurements depends on the equipment and techniques employed in measuring. mining) surveys and aerial surveys. f) Misconduct Any action that is illegal or unethical, notably as determined by the Registration Law and the Regulations of the Registration Board. 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. 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. 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. 1.5 (c) Both kinds of rules are only guidelines. 3.1(a)(1)(B) The stake-out of a building, for instance, is normally contingent upon a boundary survey. In Ontario, the Surveys Act, R.S.O. U.S. Surveyor Deed Plot is a FREE online, innovative, easy-to-use, deed description plotting program - designed to provide a graphic representation of deed lines. 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. 1) The Manual is intended to be a guide to the standard practice of the profession of land surveying. 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: (iv) rights associated with the property. Engineers, Land Surveyors and GeologistsHomepage, Act 53: Information for Individuals with Criminal Convictions, General Board Information(Includes Applications and Forms), Business Fee Exemption for Veterans and Reservists, Mailing AddressState Registration Board for Professional Engineers,Land Surveyors and Geologists, P.O. (iv) any problematic use of land indicated by the record evidence. 3.1(a)(1)(C) This section may be made discretionary, if the client is already familiar with the survey specifications or demands a completion period too short for the survey specifications to reach him. 5.1(a)(2)(A) Theodolites, for instance, should be serviced according to the manufacturers specifications, and their precision checked periodically against a base line. 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 This person will be splitting time working out in the field and . 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. B) Placement: Precaution shall be taken to avoid unexpected damage to the equipment in actual use, as well as in transport and in storage. 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). B) Any survey specifications not to be followed in providing agreed-upon services should be explicitly mentioned. In a surveying practice, the field and office machinery. 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. Non-compliance with any of the rules presented in this Manual may expose the practitioner to such action or prosecution. easements or right-of-ways of tracts to give access to smaller tracts; the preparation of official plats or maps of land boundaries within the State of Arkansas; and teaching of land surveying. Land Surveyors may also perform engineering land surveys. B) The credibility of such monuments should be based in part on their apparent age and the prevalent practice in a given area. 4) The rules are supplemented by commentaries containing either explanations or illustrations of the rules, or directions for implementing them. E) deed reference, or source of title reference. 3) The Pennsylvania Society of Land Surveyors does not have legal authority to impose or power to enforce these guidelines. Counties between 85,000 and 130,00024-485, 24-486 Swamps and overflowed lands, surveys of24-609 Watercourse boundaries Jurisdiction24-453 Sale of abandoned channel24-453 Easements Acquisition of underlying fee interest12-16,103 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. (ii) any discrepancies in the location of the physical evidence compared to the written evidence. 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. i) To use or permit the use of his professional seal on work over which he was not in responsible charge. B) be placed solidly, to minimize the likelihood of disturbance. 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 . Land surveyors that are not members of the Society may not consider themselves subject to such guidelines, but they practice the profession no differently than members. 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. Sec. All three types of alternate resolution tend to avoid lengthy and costly litigation. 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. 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. The phases are coming to an agreement (Section 3), searching the evidence (Section 4), making and adjusting measurements (Section 5), monumentation (Section 6), and providing a record of the survey (Section 7). Or, as mentioned earlier with the fence, you might have common interests. 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. For example, almost all states have right of entry laws for . 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. 5.1(b)(2)(a)(ii) The proper method for adjusting measurements depends on the type and size of the survey. History:1976, Act 115, Imd. It does not contain guidelines for the practice of land surveying giving rise to the need for a Manual of Practice. m) Standard A model, example, or rule established by customary use or general consent, differentiated into imperative (shall) and discretionary (should). A good description, however, is one the calls of which can be reproduced on the ground. Data collectors are useless without the appropriate computer hardware and software. State Registration Board for Professional Engineers. Commentary: : Land surveying has been given the dignity of being called a profession by law. 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 . 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. a) Agreement An arrangement as to a course of action. B) the quantitative, i.e. Any hesitation or reservation only increases the risk to the surveyor and to the client. 4.01 Right of Entry Notifications Sec. 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. Spectrum: Partisan Bill (Democrat 1-0) Status: (Introduced) 2023-02-03 - The committee (s) on CPN has scheduled a public hearing on 02-10-23 9:40AM; Conference Room 229 & Videoconference. 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 . 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. 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 . 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. 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. 6.1 This subsection is not meant to apply to natural markers, such as trees, streams, and roads, or to previously set markers. This program is a great tool for Title companies, real estate attorneys, assessors . The surveyor cannot appear to be less than reliable and trustworthy, or to have a conflict of interest. . 7.1(b)(1) Descriptions written without benefit of survey should contain a reference to the source of the information and appropriate disclaimers. Pennsylvania is the 1986 treatise "Boundary Retracement Principles and Procedures for Pennsylvania" published by the Pennsylvania Society of Land Surveyors. 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. B) Land Surveyors shall engage in these practices only to the extent of their competence. 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. 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). 1) The Manual is concerned with land surveying as a profession. 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. (iii) stored for future reference and remain property of the surveyor. Section 3. 8.1(a)(1) Reasonable effort means all necessary record research and field investigation, as well as the judicious application of the rules of law and the rules of construction, and at least an evaluation of the evidence according to the rules of evidence. tract: means an area of land that is: Indiana Code 36-9-27.4-8. 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 . THE SENATE. the meaning of the words strictly within the context of this Manual. Box 2649, Fax: (215) 349-1983 . The first kind are stated in imperative terms, namely, shall; the second only in normative terms, should. 3The General Assembly of the Commonwealth of Pennsylvania 4hereby enacts as follows: 6This act shall be known and may be cited as the Surveyor's 7Right to Enter Act. 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. (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. Right of Entry, Defined by Code. 3 The General Assembly of the Commonwealth of Pennsylvania 4 hereby enacts as follows: 5 Section 1. 4.1(a)(1)(B) The sufficiency of the search differs for each survey. The simple answer is yes. Commentary: B) Any change in the required survey specifications should be negotiated. Some other functions may or may not be performed without breach of duty. subject a surveyor to monetary damages, restitution, fines, or even jail. Date: Project #: CSJ#: Owner's Name: Survey: Owner's Address: Tract Description: Dear Property Owner: [INSERT SURVEY COMPANY NAME] is providing surveying services for the Texas Department of Transportation (TxDOT) for the planning and mapping for the improvements of . 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. ((e) amended Dec. 13, 1979, P.L.534, No.120) (f) "Professional Land Surveyor" means an individual licensed 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. (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. But drafting still need not be aided by computer. In general, rules of construction are rules for clarifying the intent or meaning of a document. Conscientious fulfillment of these demands cannot help but inspire public confidence. . Learn more about the 2024 Surveyors' Conference. The Registration Law defines land surveying as a branch of engineering and permits land surveyors to perform, albeit not exclusively, certain surveys the purpose of which is other than establishing property boundaries. Entry upon adjoining land; Liability for damages. The rules of construction govern the correct retracement of boundary lines, whereas the rules presented herein govern the orderly performance of the work. B) Geodetic information appearing on individual land survey plans (i.e. 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. should be part of the surveyors search whenever required for that particular survey. Some are obligatory; others only discretionary. 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 . 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. 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 AN ACT 1 Providing for a surveyor's right to enter the land of another to 2 perform surveying services. 3255) (Section scheduled to be repealed on January 1, 2030) Sec. The best precaution against malpractice and negligence, however, is a level of care that meets or exceeds the norm, or standard practice. bear the Surveyor's seal and statement to that effect. May 14, 1976. 4. 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. 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 . Commentary: Don't know where to start? Our online system provides more efficient services to those applying for a Professional Surveyor license. Sec. APPLICATION FEE A written report accompanying the survey plan is appropriate when the survey is inconclusive in some respect. 2) Geodetic Surveys The primary duty of the professional surveyor is to be true to the demands of the practice. 3) The licensing of a profession is undertaken by the state to protect the health, safety and welfare of 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. The document will be reviewed and revised, if necessary, on a regular basis in order to evolve contemporaneously with advances in technology. 2) Additions and Amendments to the Agreement. B) Office (i.e. C) The survey plan should, if appropriate, contain, (i) topographic features (notable improvements), (ii) encumbrances (encroachments and easements). 1) Topographic Surveys b) In the case of conflict with definitions as specified in this manual, compliance should be adhered to in the following order; 1) Professional Engineers, Land Surveyors and Geologists Registration Law of the Commonwealth of Pennsylvania, Act 367, as amended. A) The search of public records shall be sufficient in breadth and depth to identify with reasonable certainty. Protruding stakes or pins may inadvertently result in harm to person or machine. Section 54.121 "Surveyor" defined. c) Client A person or legal entity with whom the practitioner enters into an agreement.