Surveyor rights to access private property in MO

[jk96]

Wondering if anyone here is familiar with the laws in Missouri as far as rights of private surveyors to access private property?

We live a mile from the public road and 3/4 mile from our closest neighbor. Two weeks ago I came home to a local surveyors company truck idling in my driveway. We had not ordered a survey, looked around and couldn't find anyone. I walked into the house and asked my son who was home from school if he saw anyone. He said they pulled in, two guys got out, walked around my house through the backyard and into the corn field. I called the local office and asked why I had their employees walking my property. He apologized, said they were surveying the neighbors line, and asked if anyone contacted us ahead of time. After informing him they did not, he asked me if I wanted them to come talk to me. I told him there was no need to interrupt their work and informed him that I had absolutely no problem granting them access, but I expected them to ask permission next time before accessing my property. I am not trying to be a jerk as it would require them to walk through the contracting parties 80 acres of timber to get to the line, I just have an expectation of courtesy from the survey company in regards to my land. We ended the conversation on good terms.

Fast forward to today. My wife calls and asks me if I knew the survey company was on the property again. Nope, so make a phone call again, this time a little more upset. I explain to the guy that answers the situation and that I did not get a notice nor grant access. He simply states they are a survey company and can't be charged with trespass. He says he will have a manager call but they can basically do as they please.

What info I'm finding seems to be conflicting. Trying to find out if they have a right to access the neighbors property through our property simply for convenience and a shorter walk? Do we have any right to deny access when they have other means to access their clients property?

I would have had no issue whatsoever granting them access, but their flippant attitude and failure to simply give me a courtesy call has really rubbed me the wrong way.

Jeremy

 

[Quaffer]

You either believe in private property rights or you do not. I have found that being "nice" only invites more encroachment.

If you don't have a gate, I'd suggest you add one. If you do have a gate, I'd ask why it was open so they could drive in. And if they are in, with a gate, I'd close it and then negotiate on how they could get back out.

Signage (or perhaps purple paint) to prohibit Trespassing is also important and laws are specific to your State. In many jurisdictions if you don't take steps to assert your privacy you lose a lot of rights.

 

[Jstpssng]

Surveyors once cut the cable across my father's woods road to access an abutter's property. I don't think there is any law which allows that.

A little courtesy goes a long ways.

 

[Slowpoke Slim]

Wondering if anyone here is familiar with the laws in Missouri as far as rights of private surveyors to access private property?

We live a mile from the public road and 3/4 mile from our closest neighbor. Two weeks ago I came home to a local surveyors company truck idling in my driveway. We had not ordered a survey, looked around and couldn't find anyone. I walked into the house and asked my son who was home from school if he saw anyone. He said they pulled in, two guys got out, walked around my house through the backyard and into the corn field. I called the local office and asked why I had their employees walking my property. He apologized, said they were surveying the neighbors line, and asked if anyone contacted us ahead of time. After informing him they did not, he asked me if I wanted them to come talk to me. I told him there was no need to interrupt their work and informed him that I had absolutely no problem granting them access, but I expected them to ask permission next time before accessing my property. I am not trying to be a jerk as it would require them to walk through the contracting parties 80 acres of timber to get to the line, I just have an expectation of courtesy from the survey company in regards to my land. We ended the conversation on good terms.

Fast forward to today. My wife calls and asks me if I knew the survey company was on the property again. Nope, so make a phone call again, this time a little more upset. I explain to the guy that answers the situation and that I did not get a notice nor grant access. He simply states they are a survey company and can't be charged with trespass. He says he will have a manager call but they can basically do as they please.

What info I'm finding seems to be conflicting. Trying to find out if they have a right to access the neighbors property through our property simply for convenience and a shorter walk? Do we have any right to deny access when they have other means to access their clients property?

I would have had no issue whatsoever granting them access, but their flippant attitude and failure to simply give me a courtesy call has really rubbed me the wrong way.

Jeremy

Walk out and start up the backhoe. That will likely improve their listening skills 10 fold.

 

[jk96]

In further research it looks like MO 327.371 would require that the survey companies access to my land would have to be necessary in order to complete the survey.

327.371. Surveyor exempt from trespass but liable for damages. — A professional land surveyor licensed pursuant to the provisions of this chapter, together with such professional land surveyor's survey party, who in the course of a land survey finds it necessary to go upon the land of a party or parties other than the one for whom such professional land surveyor is making the survey shall not be guilty of trespass but shall be liable for any damage done to such lands or property.

What is considered necessary is not really clearly defined. Mere convenience I do believe does not meet the necessary part of the statute. I plan to draft a denial of access letter and deliver it to their office tomorrow to start a paper trail.

 

[dodge man]

I’m a retired land surveyor licensed in Illinois. Missouri law is similar to Illinois. To me it appears they don’t require notice, some states do.

A short story because I used to find land owners and tell them what I was doing. I spent about 3 hours one day tracking down a land owner who didn’t live in the area but I did talk to the person who farmed it. He said go ahead. So I spent three hours talking to about 8 different people to have a 20 second conversation with the person who said go ahead. After that I decided I’d just let people know if I could tell they were home.

I performed hundreds of surveys and probably had 20 to 30 cases where people got upset with me. Had the police called on me once. Most of the time I talked to upset adjoiners and asked if they knew anything about the boundaries and they were helpful.

I’ll add one more thing. Over the years I discovered some people are very sensitive to trespassing and others could care less. Your reaction is not unusual.

 

[EddieWalker]

I don't know the law there. I don't know the law here in Texas either.

I learned that my neighbor was selling his land when my game camera took pictures of two guys walking on my land. Since we had no idea that they were going to be there, and my wife was home when the pictures were sent to her phone, she grabbed her rifle and went to find them.

To me, this created a situation that she didn't need to be involved in. Fortunately, she didn't find them, and I was able to get in touch with my neighbor to see if he had some friends out hunting his land. That's when he told me he hired a surveyor and he was selling his place.

I was happy for the survey because it marked our property lines where I was going to build my fence. So, it was a good thing for me. And in the end, the new buyer wanted a fence built on day one, and that's just what he did. He cleared the land and built a fence.

But it would have been nice to have known that people were going to be walking around on my land to avoid a confrontation. And especially to avoid the stress of having to deal with trespassers!!!

 

[D&D]

I learned that my neighbor was selling his land when my game camera took pictures of two guys walking on my land. Since we had no idea that they were going to be there, and my wife was home when the pictures were sent to her phone, she grabbed her rifle and went to find them.

To me, this created a situation that she didn't need to be involved in.

Seems like a situation to totally rethink. If they weren't near the house, barns or livestock why feel compelled to grab a gun and go get 'em?

 

[jk96]

I’m a retired land surveyor licensed in Illinois. Missouri law is similar to Illinois. To me it appears they don’t require notice, some states do.

A short story because I used to find land owners and tell them what I was doing. I spent about 3 hours one day tracking down a land owner who didn’t live in the area but I did talk to the person who farmed it. He said go ahead. So I spent three hours talking to about 8 different people to have a 20 second conversation with the person who said go ahead. After that I decided I’d just let people know if I could tell they were home.

I performed hundreds of surveys and probably had 20 to 30 cases where people got upset with me. Had the police called on me once. Most of the time I talked to upset adjoiners and asked if they knew anything about the boundaries and they were helpful.

I’ll add one more thing. Over the years I discovered some people are very sensitive to trespassing and others could care less. Your reaction is not unusual.

I'm not quite in the care less category but I have no problems whatsoever granting them access provided they give me a heads up. My problem began when their office had my cell phone number from the first conversation and showed up a second time unannounced walking my property then had a very dismissive "we can't be prosecuted for trespass" comment when I called them a second time. Now in regards to this company I've moved to the middle finger category of person.

 

[deezler]

Makes sense to me that surveyors would be exempt from petty allegations of trespassing just for trying to do their job. But it's pretty darn rude to have an attitude that they don't even need to contact property owners first to notify them of their activities. I guess one risk of that would be a property owner trying to say no, you can't, then having to argue that yes, we can.

But can't they at least knock at your door to say "hi, we're going to be surveying next door, so we'll just be parked here for a bit" ?

Also quite rude for the owner/company not to close the loop on communicating back to the surveying team for some simple notification/awareness.