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) A) The design of the infrastructure of a development (i.e. The right of entry is 19(2) A place used for residence or storage. 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. Boundary watercourses24-453 Cities of the first class24-489 et seq. Introduced. 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. The primary duty of the professional surveyor is to be true to the demands of the practice. Sec. (iii) any differences between occupation lines and record boundaries. Data collectors are useless without the appropriate computer hardware and software. 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. The Registration Law contains the following Code of Ethics: It shall be considered unprofessional and inconsistent with honorable and dignified bearing for any professional land surveyor : a) To act for his client or employer in professional matters other than as a faithful agent or trustee, or to accept any remuneration other than his stated recompense for services rendered. they give the meaning of terms as they are used in the Act. Address. C) Come to an understanding about the survey specifications to be followed, and apprise the client of the consequences of non-standard performance. Non-compliance with any of the rules presented in this Manual may expose the practitioner to such action or prosecution. THE SENATE. A clear and specific agreement with a client is a precondition of rendering professional services satisfactorily. The specific law is hereby quoted: RSA 498-A:10 Right to Enter Property Prior to Condemnation. (a) Voluntary. Surveyors' Right of Entry. Also, compliance with the guidelines may make the practice more uniform throughout the state. 2. Powers24-408, 24-429, 24-495 et seq. 7.1 The rules stated in this section apply whether the form of the record is graphic or digital. . 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. Commentary: A professional land surveyor may perform engineering land surveys but may not practice any other branch of engineering. 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. (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. 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. American Congress on Surveying and Mapping and American Society of Civil Engineers, latest edition, 2) Blacks Law Dictionary, latest edition. 4.1(b)(2)(A)(vi) Parol evidence is a notarized statement confirming the identity or corroborating the location of called-for property monumentation. INTRODUCED BY ALLOWAY,SOLOBAY, TARTAGLIONE, SCHWANK AND EICHELBERGER, JANUARY15,2013, REFERRED TO CONSUMER PROTECTION AND PROFESSIONAL LICENSURE, JANUARY15,2013. d) To compete with another land surveyor for employment by the use of unethical practices. 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. 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. Some are obligatory; others only discretionary. (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. 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. For clarification of their meaning and the meanings of other words, a practitioner should confer other texts. Track. Prime Sponsor: Senator ALLOWAY Last Action: Referred to CONSUMER PROTECTION AND PROFESSIONAL LICENSURE, April 8, 2013 [Senate] Memo: Licensed Professional Land Surveyors - Legal Right to Entry - VERSION TWO Printer's No. A) Clients should be made aware of services that are not included in the agreement. 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. By the same token, members cannot be held subject to different guidelines by virtue of membership. Other interpretations of the code may be possible. In general, rules of construction are rules for clarifying the intent or meaning of a document. Upon entering the land of another, the 6surveyor shall display the identification to any individual 7requesting to view it. 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. Commentary: 4. 2) Upon discovery of any irreconcilable difference(s), the surveyor should. 8 Section 2. 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. 8(c) Notification.--Prior to conducting a survey, a surveyor 9shall make a good faith effort to notify a landowner whose land 10it is necessary to enter under subsection (a). F) place explanatory notes and appropriate disclaimers on the survey plan. Cross References This chapter cited in 49 Pa. Code 41.26 (relating to professional corporations). All you ever wanted to know about warrants, patents, and land grants can be found there. 2) The description should be written in the commonly required form of a metes-and-bounds description, and include. 3) The Pennsylvania Society of Land Surveyors does not have legal authority to impose or power to enforce these guidelines. Practice of land surveying defined. Commentary: Not all rules apply all the time only those relevant to the contracted functions. Surveying and the Principles and Practices of Land Surveying if completed in another state or territory. (b) The . Available to the public, is the ability to connect to County base stations to perform Real-Time Kinematic (RTK) surveys. All three types of alternate resolution tend to avoid lengthy and costly litigation. RIGHT OF ENTRY BY SURVEYORS Act 115 of 1976 AN ACT to provide surveyors with a right of entry and to limit liability. b) Boundary A legal line of demarcation between real property title or rights and capable of being located on the face of the earth. 3) The licensing of a profession is undertaken by the state to protect the health, safety and welfare of the public. 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. n) Survey The aggregate of services and products concerning the location of points and lines on, above or below, the surface of the earth, both land and sea. Permitting Surveyors on Your Land There are many reasons why you might allow a neighbor's surveyor on your land. Licensing and subsequent Registration of Land Surveyors are the subject of the Engineer, Land Surveyor and Geologist Registration Law (Act of 1945, P.L. A) Land surveyors performing or employing the results of topographic surveys that require specialized knowledge and skills should be competent in them. Land Surveyors are said to have a quasi-judicial function. 111, par. 3) Definitions of Surveying and Associated Terms (ACSM). Contact Senator Geodetic surveys are surveys of land masses, with or without regard for ownership or jurisdiction, and take into consideration the curvature of the earth. Inasmuch as examination for licensing includes questions on the various aspects of engineering applied in land development, incidental really means obligatory. A) in sufficient number to make the boundary apparent to anyone that has reason to know its location, and. Eff. RIGHT OF ENTRY: Right of entry allowed; landowner consent not required; conditions allowing entry. 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. Section "Surveyor" defined. Such surveys are conducted mainly by means of the Global Positioning System, and are apt to employ the Pennsylvania State Plane Coordinate System. 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. In short: If your state does not have right-of-entry laws, you are not required to let surveyors onto your land. geodetic ties) or systematic land information plans should. 3. Learn more about the 2024 Surveyors' Conference. Pennsylvania Society of Land Surveyors - PA Manual of Practice Manual of Practice for Professional Land Surveyors in the Commonwealth of Pennsylvania as adopted by the Pennsylvania Society of Land Surveyors. . 4) The rules are supplemented by commentaries containing either explanations or illustrations of the rules, or directions for implementing them. You may be trying to access this site from a secured browser on the server. SECTION 3. Privacy Policy * Site Map, 2021 Pennsylvania Society of Land Surveyors. c) To attempt to supplant another land surveyor after definite steps have been taken toward his employment. 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).] 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. f) Misconduct Any action that is illegal or unethical, notably as determined by the Registration Law and the Regulations of the Registration Board. 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. The placement of boundary markers distinguishes boundary surveying from all other forms of surveying and makes land surveyors professionals in their own right a fact that is recognized by statute. 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. 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." In completing Section 9, Criminal and Disciplinary Information and you answer "YES" to any question, you must attach a full explanation on an 8-1/2" x 11" sheet of paper and submit a 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. Definitions. Check out our professional directory. 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. About IOT; The Saillant System; Flow Machine. It is the temporary supplement to the Pennsylvania Code, which is the official codification of rule, regulations and other statutorily authorized documents. The first kind are stated in imperative terms, namely, shall; the second only in normative terms, should. Commentary: Written notice mailed by first class mail to the landowner upon whose . TCA 62-18-124. View our step-by-step guide on how to access the Professional Development Hour (PDH) credits you have earned through PSLS programs. [top of page] 4.3 Design . Commentary: calculating and drafting) equipment should be integrated with field equipment. What Kind of Information Is in Members Section? b) To attempt to injure falsely or maliciously, directly or indirectly, the professional reputation, prospects or business of anyone. 1990, c. S. 30 allows licensed surveyors and persons in the surveyor`s employ to enter onto private lands . a) Agreement An arrangement as to a course of action. 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. 9.1 Land surveying is perhaps better described as an arm of engineering. 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. mining) surveys and aerial surveys. 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. It only defines the condition of professional practice, namely, responsible charge: A resident of Rochester, Pennsylvania, Widmer was a member of the Pennsylvania State Registration Board for Professional Engineers, Land Surveyors, and Geologists from 1991 to 2011 and is now an emeritus member. They express the level of practice that can generally be expected of practitioners. 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. d) Equipment the implements used in an operation or action. 8701. Right to enter land of another. Commentary: The above could be considered interpretations, i.e. A practitioner is urged to take extreme care in providing a written certification to avoid liability, not only for misrepresentations but also for assumptions. 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 . Office: (215) 349-3446 . 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 . 16Section 3. ((e) amended Dec. 13, 1979, P.L.534, No.120) (f) "Professional Land Surveyor" means an individual licensed Upcoming Events PSLS Newsletter Advertisement Submission 13 Jun 2030 Website Advertising Submission Form 13 Jun 2030 Follow Us Menu Log in 17(a) Right of entry.--If necessary to perform surveying. 8.1(a)(2)(A) Prompt and accurate communication in this circumstance cannot be sufficiently stressed. 1.2 Statutory Definition of Land Surveying, According to the Registration Law, Section 2. Box 2649, Harrisburg, PA 17105-2649 Phone - (717) 783-7049 Fax - (717) 705-5540 ST-ENGINEER@PA.GOV in good time and at a reasonable cost, and with the cooperation of those in possession of it. 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 . 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. Sometimes, including a certification of the survey. 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. 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). Source The provisions of this Chapter 37 adopted March 30, 1917, unless otherwise noted. Words do not always have singular meanings. Fax: (215) 349-1983 . 4.1(a)(1)(A)(v) Other restrictions imposed by municipal ordinances or established by other agencies (F.E.M.A., etc.). Information that merely makes reference constitutes implied actual notice. Although a professional practice is a business, its principal aim is not the personal gain of the practitioner, not that of the client. 11(d) Prohibition.--A surveyor may not enter any of the 12following: 13(1) Land owned by a railroad company located within 50 14feet of a railroad track without first obtaining written 15permission from the railroad company, unless the railroad 16company grants permission to the surveyor, but does not 17provide the surveyor with the written permission form within 18a reasonable amount of time. Section 54.122: Section: Right of entry; identification of vehicle . (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 [SB1468 Detail] Download: Hawaii-2023-SB1468-Introduced.html. 4.1(b)(2)(B) Historical and biographical information, even if anecdotal, can on occasion be decisive in determining the credibility of monuments. 54.122 Right of entry; identification of vehicle. 9.1(b)(1)(A)(ii) It is incumbent upon land surveyors designing land developments to be familiar with applicable municipal ordinances and the requirements of county and state agencies, as well as time schedules and review costs. 24 Hours -During each biennial renewal period, a licensee shall complete 24 professional development hours of continuing education. 8.1(b)(2)(A) An agreement is a compact reached by the disputing parties themselves; mediation is an agreement reached with the help of a go-between that can only negotiate; arbitration is mediation by a court-appointed or contracted individual or panel that is binding. To achieve clarity and precision, and to avoid obscurity and confusion, the following meanings are ascribed to key words in this Manual. 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. For more information, contact him at (508) 405-1238, or by e-mail. History:1976, Act 115, Imd. (ii) any gaps and/or overlaps with the adjoiners described boundaries. In a surveying practice, the field and office machinery. Geodetic surveying, employing the state coordinate system or the global positioning system, is used in land surveying either to make ties to geodetic monuments or to establish control points for surveys of large projects. That trust is to carry out the protective obligations of the state in the practice of the profession. E) deed reference, or source of title reference. B) Construction stake-out and post-construction surveys on relatively small projects should apply the same principles and methods of measurement as boundary surveys. 8.1(a)(2)(c) Sometimes, the problem is only perceived or is of insufficient magnitude, or there is no burden of proof, and the best advice to the client is to do nothing. 552.35 Rights-of-entry for survey and exploration. 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). Surveyors Right of Entry Law, SB 1461 was introduced in the Senate in April, 2013. 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). 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 .