Land surveyors are allowed to trespass

By Jedidiah McKeehan

All of us know someone who is completely obsessed with keeping people off of their property.  They do not want anyone under any circumstances coming on their property for any reason or under any circumstances.  And usually that’s okay.  If property owners do not want people to come on their property, then they are almost always able to do so.

There are a few exceptions to this, however, and one of those exceptions is when land surveyors are doing surveying work.  Pursuant to Tennessee Code Annotated section 62-18-124 a profession land surveyor, “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 them their customary equipment and vehicles.”

And really, if a land surveyor has to go on to someone’s property to do their job, there is nothing that the land owner can do to prevent the land surveyor coming on to their property.  The statute even says that the surveyor can go to court and require that a landowner allow access to their property in order for the land surveyor to complete their job.

One small glint of sunshine for the landowners under this statute, they are entitled to recovery against the surveyor for any damages that are incurred while the surveyor is on their property.

 

Jedidiah McKeehan is an attorney practicing in Knox County and surrounding counties.  He works in many areas, including criminal, personal injury, landlord-tenant, probate, and estate planning. Visit attorney-knoxville.com.

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