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. (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. Land Surveyors may also perform engineering land surveys. AN ACT to provide surveyors with a right of entry and to limit liability. 1) Markers found or set should be conspicuous to anyone that has reason to look for them, and identified as boundary markers. Also, compliance with the guidelines may make the practice more uniform throughout the state. 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). B) Instrument Errors: Repeat measurements and proper corrections to measurements shall be made to minimize systematic errors. 9.1(b)(2)(A) Frequently, unlicensed party chiefs effectively exercise responsible charge in the field. 2021 Member Recruitment Incentive Program. A) whenever possible, be composed of ferrous or other material detectable by an electromagnetic locator, of substantial length and width, and. . 5. May 14, 1976. 3) The licensing of a profession is undertaken by the state to protect the health, safety and welfare of the public. By entering into a contract, the practitioner commits himself to perform certain functions. The guidelines of this Manual are, therefore, not the highest possible standards. 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. The rules of law are taken from judicial rulings, whereas the rules presented herein are derived from the well considered application of the knowledge and skills of the profession. 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. (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 The client should be notified of differences between use and record lines before making them obvious to anyone else. The publication serves several purposes. Please forward to ksherman@psls.org or call 717.540.6811. 4.03 Prescriptive Easements - Guidance Sec. P: 717.441.6057 | F: 717.236.2046 | psls@psls.org The term "land surveying" shall not include the measuring of acreage of timber, cotton, rice or other agricultural crops (iv) disclaim any use for which the information is inappropriate. No action for trespass shall lie against any surveyor licensed under chapter 391 or person acting at the direction of any such licensed surveyor who enters upon land other than the land being surveyed without causing any damage to such other land in order to perform a survey, provided no such surveyor or person acting at the direction of such He previously served as NCEES treasurer and Northeast Zone vice president. Professional land surveyor "Professional land surveyor" refers to one who practices or offers to practice land surveying. For geodetic surveys, the least squares adjustment method is appropriate. (iv) rights associated with the property. 9.1 Land surveying is perhaps better described as an arm of engineering. 2) In general, a profession is (i) an occupation requiring specialized knowledge or skills, acquired by formal education, informal training and practical experience, (ii) the business of providing a range of services applying these skills, and (iii) aggregate of all those engaged in the business, but principally those licensed in the practice and therefore in responsible charge. B) the specific items, the accuracy of which is being certified. 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 . Source The provisions of this Chapter 37 adopted March 30, 1917, unless otherwise noted. 1services, a surveyor may enter upon the land of another and use 2customary equipment and vehicles. Such surveys are conducted mainly by means of the Global Positioning System, and are apt to employ the Pennsylvania State Plane Coordinate System. (1) A surveyor is entering public or private land or waters in the state, but not buildings, for the purpose of making a survey; and (2) The vehicle used must be clearly identified on the exterior by a proper and ethical sign listing name, address and telephone number of the surveyor or firm. Commentary: The above could be considered interpretations, i.e. 17(a) Right of entry.--If necessary to perform surveying. 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. B) coordinate, if litigation has commenced, his/her efforts with the attorney for the client and prepare to serve as an expert witness for the client. 7.1 The rules stated in this section apply whether the form of the record is graphic or digital. 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. A) Land surveyors performing geodetic surveys or employing the results of geodetic surveys should be knowledgeable about the principles of geodetic surveying. 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. 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 . m) Standard A model, example, or rule established by customary use or general consent, differentiated into imperative (shall) and discretionary (should). 2) The practitioner who placed the markers should be identifiable by inspection of the markers in the field. 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. Like this: Loading. (i) make reference to the datum of the information. History: 1976, Act 115, Imd. h) Professional Practice A business for profit, offering the usual services of the profession and operated by a duly licensed individual(s). 1) The guidelines presented in this Manual are best described as rules of reason. 4. It is incumbent upon the surveyor to know the various requirements regarding monumentation. 3.1(a)(1)(B) The stake-out of a building, for instance, is normally contingent upon a boundary survey. By the same token, members cannot be held subject to different guidelines by virtue of membership. (p.3), c) Engineering Land Surveys means surveys for: (i) the development of any tract of land including the incidental design of related improvements, such as line and grade extension of roads, sewers and grading but not requiring independent engineering judgment: Provided, however, That tract perimeter surveys shall be the function of the Professional Land Surveyor; (ii) the determination of the configuration or contour of the earths surface, or the position of fixed objects thereon or related thereto by means of measuring lines and angles and applying the principles of mathematics, photogrammetry or other measurement method; (iii) geodetic survey, underground survey and hydrographic survey; (iv) storm water management surveys and sedimentation and erosion control surveys; (v) the determination of the quantities of materials; (vi) tests for water percolation in soils; and (vii) the preparation of plans and specifications and estimates of proposed work and attendant costs as described in this section. 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. The best precaution against malpractice and negligence, however, is a level of care that meets or exceeds the norm, or standard practice. (iii) stored for future reference and remain property of the surveyor. Surveying consists largely of determining the measurements of parcels of land. 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. This law contains pertinent definitions and a code of ethics. The right of entry is not contingent upon the provision of prior notice . Don't know where to start? Pennsylvania is the 1986 treatise "Boundary Retracement Principles and Procedures for Pennsylvania" published by the Pennsylvania Society of Land Surveyors. 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. 4.1(b)(2)(A)(vi) Parol evidence is a notarized statement confirming the identity or corroborating the location of called-for property monumentation. 8.1(b)(1)(A) Surveyors, on being asked the name of a good lawyer, should be impartial in their recommendation. This search, however, is indispensable, and an inadequate search is the most common cause of error in relocating boundaries. Powers24-408, 24-429, 24-495 et seq. Surveying and the Principles and Practices of Land Surveying if completed in another state or territory. On occasion, the words may warrant other interpretations, but their meaning should not be altered without good reason. g) To advertise in self-laudatory language , or in any other manner, derogatory to the dignity of the profession. 4.1(a)(2)(A) Information actually provided constitutes express actual notice. 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. (iii) kept in state (PennDOT) and municipal offices (City Clerk; Engineering, Planning and Building Inspection Offices). View our step-by-step guide on how to access the Professional Development Hour (PDH) credits you have earned through PSLS programs. Permitting Surveyors on Your Land There are many reasons why you might allow a neighbor's surveyor on your land. Commentary: For example, almost all states have right of entry laws for . 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; . Nor are they the absolute minimum standards. ENTRY LEVEL SURVEYORS/CAD DRAFTERS**** Description:* Looking for a Survey/CADD Technician to work within the Greensburg PA area. May include the search for physical evidence called for in the written evidence. MCL 54.122. B) Any survey specifications not to be followed in providing agreed-upon services should be explicitly mentioned. Commentary: The ten precepts (1.3, a through j) can be interpreted as prohibiting excessive and deficient ways of engaging in the five common professional business practices: setting acceptable fees (a and f), advertising (b and g), competing for work (d and h), taking charge of the work (c and j), taking responsibility for completed work (e and i). INTRODUCED BY ALLOWAY,SOLOBAY, TARTAGLIONE, SCHWANK AND EICHELBERGER, JANUARY15,2013, REFERRED TO CONSUMER PROTECTION AND PROFESSIONAL LICENSURE, JANUARY15,2013. 8.1(a)(2)(A) Prompt and accurate communication in this circumstance cannot be sufficiently stressed. IV. 505.31 ENTRY UPON LAND; NOTICE. Professional Land Surveyor Pennsylvania Licensure Requirements Associate's or Bachelor's Degree 2 Examination Land Surveyor-in-Training Experience Required 24 Hours of Continuing Education 50.00 Initial Fee 100.00 Renewal Fee B) Record Keeping: Collected and processed data should be. Right to enter land of another. 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. A) Condition: All field equipment shall be kept in such working order as to achieve the precision normally expected of the equipment. Rights of Way A. 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. 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. 552.35 Rights-of-entry for survey and exploration. 6.1(b)(1) Prudence and safety must also be considered in making any markers conspicuous. 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. B) a description of all individual property lines in sequence, preferably clockwise, along with the identification of the corner markers and adjoiners, C) the computed area of the property, and, D) any easements and deed restrictions, if apparent and applicable. 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. Available to the public, is the ability to connect to County base stations to perform Real-Time Kinematic (RTK) surveys. For one, you might simply wish to be neighborly. [SB1468 Detail] Download: Hawaii-2023-SB1468-Introduced.html. 2) The certification should, in part or in whole, be placed on the plan itself. For this reason, the land surveyor is the best judge of a good description, and the most capable of writing one. 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. 1.5 (c) Both kinds of rules are only guidelines. . 1) Topographic Surveys The definition of the Practice of Land Surveying in the Registration Law makes no reference to the surveyors search for written and physical evidence. Topographic surveys determine the horizontal and vertical location of the physical features on the surface of the earth, chiefly to provide the information on the basis of which improvements can be designed. Commentary: 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. Definitions. To qualify for the principles and practice examination, the applicant shall demonstrate: (1) Four or more years of progressive experience in land surveying work performed after the issuance of the surveyor-in-training certificate and under the supervision of a professional land surveyor or a similarly qualified surveyor of a grade or character to fit him to assume responsible charge of the work involved in the practice of land surveying or (2) Four or more years of progressive teaching experience in an approved curriculum under the supervision of a professional land surveyor or a. similarly qualified surveyor of a grade and character to fit him to assume responsible charge of the work involved in the practice of land surveying. (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. These surveys are collectively called engineering land surveys, but can be differentiated into surveys for the purpose of mapping and surveying for the purpose of engineering. A) The search shall also be extended to privately held information to which reference is made in public records, notably, (iii) private restrictions and agreements 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. Right of Entry, Defined by Code. 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 367, last amended December 16, 1992). A) Land surveyors performing or employing the results of topographic surveys that require specialized knowledge and skills should be competent in them. 3(b) Identification.--A surveyor shall carry a form of 4identification that indicates the surveyor's registration or 5place of employment. Not only will it prevent misunderstanding and ill feeling; it will, in some instances, preclude a dispute and preserve the integrity of the practitioner. A survey may include a plan, showing the results of the survey and bearing the seal of the surveyor, and may be accompanied by a written (legal) description. Should you have further questions, please contact our Licensing Support Team at . Licensing upon examination that included engineering design is also evidence of such competence. An individual licensed and registered by the state board to engage in the practice of land surveying, which is 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. Box 2649, 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. 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. In a surveying practice, the field and office machinery. Need a land surveyor? 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. 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. Any person who practices in Illinois as a professional land surveyor who renders, offers to render, or holds himself or herself out as able to render, or perform any service, the adequate performance of which involves the special knowledge of the art and . d) To compete with another land surveyor for employment by the use of unethical practices. 6.1 This subsection is not meant to apply to natural markers, such as trees, streams, and roads, or to previously set markers. Office: (215) 349-3446 . It can serve as a handy reference for determining compliance or non-compliance with professional requirements in various phases of the practice and for various types of survey. Any relevant information (e.g., title report) in the possession of the client should be supplied to the surveyor. (3) an authorized representative of a county surveyor or drainage board; has a right of entry over and upon a tract of land containing a drain or natural surface watercourse that is the subject of a petition filed under this chapter. Incompetence is a distant fourth. C) The survey plan should, if appropriate, contain, (i) topographic features (notable improvements), (ii) encumbrances (encroachments and easements). 111, par. A surveyor can be called as an expert witness by someone other than his client, notably the other disputant. 8701. (a) A professional land surveyor, the professional land surveyor's agents, employees and personnel under the professional land surveyor's supervision, 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 Any hesitation or reservation only increases the risk to the surveyor and to the client. If ties of parcels of land to geodetic monuments are required, the land surveyor is expected to know the principles and techniques of geodetic surveying (see Section 9). The Regulations issued by the Registration Board list documents as being specifications, land surveys, reports, plats, drawings, plans, design information and calculations.