(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 them their customary equipment and vehicles.

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Terms Used In Tennessee Code 62-18-124

  • Board: means the state board of examiners for land surveyors, provided for by this part. See Tennessee Code 62-18-102
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Deed: The legal instrument used to transfer title in real property from one person to another.
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Land surveyor: means a person who is engaged in the practice of land surveying. See Tennessee Code 62-18-102
  • Lands: includes lands, tenements and hereditaments, and all rights thereto and interests therein, equitable as well as legal. See Tennessee Code 1-3-105
  • Person: includes a corporation, firm, company or association. See Tennessee Code 1-3-105
  • Plaintiff: The person who files the complaint in a civil lawsuit.
  • Property: includes both personal and real property. See Tennessee Code 1-3-105
  • written: includes printing, typewriting, engraving, lithography, and any other mode of representing words and letters. See Tennessee Code 1-3-105
(b) A professional land surveyor, the professional land surveyor’s agents, employees and personnel under the professional land surveyor’s supervision entering the lands of others under the right granted by subsection (a), and doing no unnecessary injury, are liable only for the actual damage done, and, if sued in such case, the plaintiff shall recover only as much costs as damages.
(c) Nothing in this section shall be construed as giving authority to a professional land surveyor, the professional land surveyor’s agents, employees or personnel under the professional land surveyor’s supervision to destroy, injure, damage or move anything on the lands of another without the written permission of the landowner, and nothing in this section shall be construed as removing civil liability for such damage.
(d) A licensed land surveyor during the conduct of a boundary survey where there is discovered, or reasonably should have been discovered, any major apparent discrepancy as defined by the board between the deed descriptions of adjoiners, evidence of use or possession not consistent with deed descriptions or otherwise has notice that there is an adverse claim across a boundary, shall notify the affected adjoiners. Notice to nonresident or absentee owners will be by mail to the current address used for mailing property tax notices. In cases in which the landowner does not reside on the property, reasonable effort shall mean notification by certified mail.
(e) No owner or occupant of the land shall be liable for any injury or damage sustained by any person entering upon the land under this section.
(f) Injunctive relief may be had against a landowner restricting entry to the landowner’s land in violation of this section by petition addressed to the circuit or chancery court of the division in which the violation is alleged to have occurred.