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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. They are rules which any reasonable Professional Land Surveyor would follow of his own initiative, or can reasonably be expected to follow once they are made known. 2) The description should be written in the commonly required form of a metes-and-bounds description, and include. After receipt of an application . 4) Professionalism is the manner in which the profession carries out this public trust. 505.31 ENTRY UPON LAND; NOTICE. 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. The Owner has title to this property and the right of entry for this survey. 7.1(b) The Registration Act exempts the writing of legal descriptions from licensure and registration. (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. Information that merely makes reference constitutes implied actual notice. 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). For clarification of their meaning and the meanings of other words, a practitioner should confer other texts. 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 d) To compete with another land surveyor for employment by the use of unethical practices. b) readily obtainable, i.e. The best precaution against malpractice and negligence, however, is a level of care that meets or exceeds the norm, or standard practice. It does not contain guidelines for the practice of land surveying giving rise to the need for a Manual of Practice. 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 commentaries are more specific than the rules, and flush out the rules. These principles are the laws governing boundaries and the rules of construction, as well as the laws of several mathematical disciplines and the rules of making and adjusting measurements. 4.1(a)(1)(A)(v) Other restrictions imposed by municipal ordinances or established by other agencies (F.E.M.A., etc.). It can be amplified by a written report and a certification. 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. Almost all states allow surveyors to enter private property without fear of legal reprisal if the surveyor is an employee of the government or doing surveying on behalf of the government or a government agency. 2. New York State Surveyor Right of Entry Law; Monroe County GNSS CORS. . Office: (215) 349-3446 . 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. 1990, c. S. 30 allows licensed surveyors and persons in the surveyor`s employ to enter onto private lands . 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. k) Report A narrative compilation and analysis of facts and circumstances concerning a survey. APPLICATION FEE Right of Entry, Defined by Code. Engineering land surveys are concerned primarily with proposed conditions, both the incidental design of the improvements to the land by the preparation of plans of the various improvements, construction specifications, and estimates of quantity and cost and the implementation of the design by construction stake-out, and the preparation of as-built surveys. 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 9.1(b)(2)(A) Frequently, unlicensed party chiefs effectively exercise responsible charge in the field. B) Topographic information should be obtained by the most efficient means, without sacrificing, (i) the principle of responsible charge, and. 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. 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. Professional Land Surveyor Licensure Requirements Snapshot. (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. 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. But the law does not define profession; it does not state the basis for calling it a profession; and it does not characterize professionalism. (ii) any discrepancies in the location of the physical evidence compared to the written evidence. 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 . 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. (a) Voluntary. 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. 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. 2. Licensing upon examination that included engineering design is also evidence of such competence. 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 . 4.01 Right of Entry Notifications Sec. (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. i) To use or permit the use of his professional seal on work over which he was not in responsible charge. 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. provided, however that such information is, a) significant or critical, not merely redundant, and. they give the meaning of terms as they are used in the Act. 4. Pennsylvania State Registration Board for Professional Engineers, Land Surveyors and Geologists Application for PLS Reciprocity 8. A clear and specific agreement with a client is a precondition of rendering professional services satisfactorily. (b) The . 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. 3255) (Section scheduled to be repealed on January 1, 2030) Sec. A good description, however, is one the calls of which can be reproduced on the ground. e) Evidence In regard to professional land surveyors and surveying services, evidence is a term used to describe information, observations, or objects that aid the surveyor in determining the position of a boundary. The persons named in this section may, without liability for trespass, investigate, construct, or place a monument or reference monuments for the . (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. 908 N 2nd Street | Harrisburg, PA 17102 6.1(b)(1) Prudence and safety must also be considered in making any markers conspicuous. a Manual of Practice. A professional land surveyor may perform engineering land surveys but may not practice any other branch of engineering. 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. (i) aid in any way in the correct location of boundaries, and thereupon. Commentary: (iv) rights associated with the property. The Registration Law excludes party chiefs from auxiliary survey personnel. 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: Compliance with both is conditional on the contractual agreement with the client. 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. B) Explain foreseeable contingencies or repercussions of the work. Commentary: Contact Senator RIGHT OF ENTRY BY SURVEYORS Act 115 of 1976 AN ACT to provide surveyors with a right of entry and to limit liability. The definition of the Practice of Land Surveying in the Registration Law makes no reference to the surveyors search for written and physical evidence. Proudly founded in 1681 as a place of tolerance and freedom. 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. The guidelines of this Manual are, therefore, not the highest possible standards. B) Any survey specifications not to be followed in providing agreed-upon services should be explicitly mentioned. Pennsylvania is the 1986 treatise "Boundary Retracement Principles and Procedures for Pennsylvania" published by the Pennsylvania Society of Land Surveyors. For geodetic surveys, the least squares adjustment method is appropriate. 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. We welcome submissions via e-mail in MS Word format. Sometimes, including a certification of the survey. calculating and drafting) equipment should be integrated with field equipment. 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. 9.1 Land surveying is perhaps better described as an arm of engineering. INTRODUCED BY ALLOWAY,SOLOBAY, TARTAGLIONE, SCHWANK AND EICHELBERGER, JANUARY15,2013, REFERRED TO CONSUMER PROTECTION AND PROFESSIONAL LICENSURE, JANUARY15,2013. 7.1(a)(2)(A)(i) The title of the plan is to be so specific as not to be misleading, especially when the survey does not require monumentation or serves a specific purpose, such as the transfer of title or the issuance of a loan or a permit. The reliability of the measurements depends on the equipment and techniques employed in measuring. 1) When a surveyor is called upon after a dispute has arisen, the surveyor should. Historically, by far the most complaints have cited unprofessional conduct, perhaps because they can make reference to the code of ethics. 2021 Member Recruitment Incentive Program. 4) The rules are supplemented by commentaries containing either explanations or illustrations of the rules, or directions for implementing them. May include the search for physical evidence called for in the written evidence. Pennsylvania Society of Land Surveyors801 East Park Drive, Suite 107Harrisburg, PA 17111. View our step-by-step guide on how to access the Professional Development Hour (PDH) credits you have earned through PSLS programs. Surveyors' Right of Entry. 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. B) Due care shall be taken in the unearthing of called-for physical evidence to preserve it in place and in good condition. 1) Markers found or set should be conspicuous to anyone that has reason to look for them, and identified as boundary markers. AN ACT to provide surveyors with a right of entry and to limit liability. AN ACT 1 Providing for a surveyor's right to enter the land of another to 2 perform surveying services. 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. 552.35 Rights-of-entry for survey and exploration. A) Human Errors: Sufficient redundant measurements shall be made to detect blunders and oversights. Learn more about the 2024 Surveyors' Conference. a) The following publication should be used to supplement additional definition of terms not encompassed in the definitions section of this manual: 1) Definitions of Surveying and Associated Terms should be part of the surveyors search whenever required for that particular survey. 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. i) Reason Thought, in this case, applied to action, rather than a subject of study, to determine prudent conduct under given circumstances. Like this: Loading. Any hesitation or reservation only increases the risk to the surveyor and to the client. 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. 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 . 3 The General Assembly of the Commonwealth of Pennsylvania 4 hereby enacts as follows: 5 Section 1. ((e) amended Dec. 13, 1979, P.L.534, No.120) (f) "Professional Land Surveyor" means an individual licensed f) Misconduct Any action that is illegal or unethical, notably as determined by the Registration Law and the Regulations of the Registration Board. The specific law is hereby quoted: RSA 498-A:10 Right to Enter Property Prior to Condemnation. 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. Any relevant information (e.g., title report) in the possession of the client should be supplied to the surveyor. Definitions. 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. 17(a) Right of entry.--If necessary to perform surveying. A practitioner is urged to take extreme care in providing a written certification to avoid liability, not only for misrepresentations but also for assumptions. costs of repair and restoration pursuant to 75 Pa.C.S. h) Professional Practice A business for profit, offering the usual services of the profession and operated by a duly licensed individual(s). 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. 1) The Manual is concerned with land surveying as a profession. : b) Engineering-related Surveys Reference markers or ties to permanent structures are advisable for easy retracement. State Registration Board for Professional Engineers. 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. Each survey is unique, and each surveyor must apply his knowledge and skills as he sees fit. Definitions, a) Practice of Land Surveying means the practice of that branch of the profession of engineering which involves the location, relocation, establishment, reestablishment or retracement of any property line or boundary of any parcel of land or any road right-of-way, easement or alignment; the use of principles of land surveying, determination of the position of any monument or reference point which marks a property line boundary, or corner setting, resetting or replacing any such monument or individual point including the writing of deed descriptions; managing or conducting as managers, proprietors or agent any place of business from which land surveying work is solicited, performed or practiced; . 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. TCA 62-18-124. 8701. [top of page] 4.3 Design . 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. 7.1(c)(1) A log of all communications and of the administration of a survey is advisable. 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). For purposes of the Act, land surveying is a branch of engineering, the proper and exclusive concern of which is the boundary of a tract of land. (ii) identify the source of the information, (iii) state the degree of its accuracy, and. Commentary: The quoted definitions are nominal definitions, i.e. 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 . Contact Representative, https://www.legis.state.pa.us/cfdocs/billinfo/billinfo.cfm?syear=2013&body=S&type=B&bn=832. A) The reliability of monuments other than those called for in the public record shall be verified by their correlation to, (v) accepted occupation or possession lines. 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. Commentary: Licensing bestows on the professional a public trust that extends not just to the client, but to all those affected by the services. PSLS focuses on providing education, legislative involvement, enhancing public awareness, and the promulgation of the ethics of the profession. mining) surveys and aerial surveys. Distinct from third party, to whom a benefit also accrues. 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 . 3) The Pennsylvania Society of Land Surveyors does not have legal authority to impose or power to enforce these guidelines. But the procedures they employ in the performance of the work are fairly uniform among practitioners of the same competence working under similar circumstances. 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. Deviation from the first kind is unprofessional, while deviation from the second kind may only be imprudent. History: 1976, Act 115, Imd. 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 . (iii) to detect any omissions or inconsistencies in the design. The job number and control section information should be included on the PA 74 of 1970, as amended. 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. The rules of construction govern the correct retracement of boundary lines, whereas the rules presented herein govern the orderly performance of the work. 3) The licensing of a profession is undertaken by the state to protect the health, safety and welfare of the public. Geodetic surveys are surveys of land masses, with or without regard for ownership or jurisdiction, and take into consideration the curvature of the earth. 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. An ink stamp seal or a digitally reproduced seal is assumed to be a facsimile. 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. C) relate to the client, to the extent it can be anticipated, any possible effect on the use and ownership of the property. Some other functions may or may not be performed without breach of duty. h) To attempt to practice in any field of engineering, land surveying, or geology in which the registrant is not proficient. 3.1(b)(1)(B) Some standards are set by statute or municipal ordinance, or required by a lender or title insurer, and cannot be excepted, regardless of the clients desire. Privacy Policy * Site Map, 2021 Pennsylvania Society of Land Surveyors. (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. A) Land Surveyors engaging in construction stake-out shall have sufficient understanding of the principles of design and sufficient ability to interpret engineering plans to perform stake-outs in the field, in conjunction with the ability; (i) to devise a strategy to provide contractors with reference markers that permit the correct and efficient construction of improvements, (ii) to perform the necessary calculations for lines and grades, and. The right of entry is 16Section 3. 4.1(a)(1)(A)(iv) The reference is to two kinds of rights: 1) rights of ownership, senior and junior, and 2) rights of way, which differentiate properties into dominant and servient estates. This Manual of Practice has been produced through the voluntary efforts of the PSLS Standard of Practice Committee, PSLS Chapter affiliations, PSLS membership and other surveying professionals throughout the Commonwealth. c) To attempt to supplant another land surveyor after definite steps have been taken toward his employment. 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. 2) The practitioner who placed the markers should be identifiable by inspection of the markers in the field. Track. A provision of this statute is set to expire in 2023. Sec. 7.1(b)(2) The fact that a description need not contain numerical information to be legally acceptable requires that this section be discretionary. six or more years of progressive experience in surveying and knowledge, skill and education deemed equivalent, in accordance with board regulation, to graduation from an approved curriculum in land surveying or civil engineering; an associate's degree in an approved surveying technology curriculum.