Maine Revised Statutes Title 32 Sec. 18231 – Right of entry for professional land surveyor performing land surveying services
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When performing land surveying services at the request of a landowner or person with an interest in real estate, a professional land surveyor and the surveyor’s assistant may, without the consent of the owner or person in possession, enter upon or cross any lands necessary to perform land surveying services. [PL 2013, c. 180, §5 (NEW); PL 2013, c. 180, §6 (AFF).]
1. No authority to intentionally damage or move object. Nothing in this section may be construed as giving authority or license to a professional land surveyor or the surveyor’s assistant to intentionally destroy, injure, damage or move any object, chattel or item on the lands of another without the permission of the owner.
[PL 2013, c. 180, §5 (NEW); PL 2013, c. 180, §6 (AFF).]
Terms Used In Maine Revised Statutes Title 32 Sec. 18231
- Land surveying: means any service or work involving the application of special knowledge of the rules of evidence and boundary laws, principles of mathematics and the related physical and applied sciences for measuring and locating lines, angles, elevations and natural and man-made features in the air, on the surface of the earth, within underground workings and on the beds of bodies of water. See Maine Revised Statutes Title 32 Sec. 18201
- lands: includes lands and all tenements and hereditaments connected therewith, and all rights thereto and interests therein. See Maine Revised Statutes Title 1 Sec. 72
- Person: means an individual. See Maine Revised Statutes Title 32 Sec. 18201
- Personal property: All property that is not real property.
- Professional land surveyor: means a person licensed under this chapter to practice land surveying. See Maine Revised Statutes Title 32 Sec. 18201
- Real estate: includes lands and all tenements and hereditaments connected therewith, and all rights thereto and interests therein. See Maine Revised Statutes Title 1 Sec. 72
2. Civil liability for actual damage. This section may not be construed to remove civil liability for actual damage to land, chattel, crops or personal property.
[PL 2013, c. 180, §5 (NEW); PL 2013, c. 180, §6 (AFF).]
3. No authority to enter building used as residence or for storage. This section may not be construed to give a professional land surveyor or the surveyor’s assistant the authority to enter any building or structure used as a residence or for storage.
[PL 2013, c. 180, §5 (NEW); PL 2013, c. 180, §6 (AFF).]
4. Reasonable effort to notify landowners. A professional land surveyor shall make reasonable effort to notify a landowner upon whose land it is necessary for the professional land surveyor to enter or cross. Notice provided as follows meets the requirement of this subsection:
A. Written notice delivered by hand to the landowner or to the residence of the landowner upon whose land the surveyor may enter or cross, delivered at least 24 hours prior to the surveyor’s entering the land; or [PL 2013, c. 180, §5 (NEW); PL 2013, c. 180, §6 (AFF).]
B. Written notice mailed by first class mail to the landowner upon whose land the surveyor may enter or cross, postmarked at least 5 days prior to the surveyor’s entering the land. The surveyor may rely on the address of the landowner as contained in the municipal property tax records or their equivalent. [PL 2013, c. 180, §5 (NEW); PL 2013, c. 180, §6 (AFF).]
[PL 2013, c. 180, §5 (NEW); PL 2013, c. 180, §6 (AFF).]
5. Owner or occupant of land; duty of care; liability. The duty of care an owner or occupant of land owes to the professional land surveyor and the surveyor’s assistant is the same as that owed a trespasser.
[PL 2013, c. 180, §5 (NEW); PL 2013, c. 180, §6 (AFF).]
6. Professional land surveyor and assistant identification. A professional land surveyor and the surveyor’s assistant shall carry means of proper identification as to their licensure or employment and shall display this identification to anyone requesting identification.
[PL 2013, c. 180, §5 (NEW); PL 2013, c. 180, §6 (AFF).]
7. Compliance with safety regulations. A professional land surveyor and the surveyor’s assistant shall comply with all federal and state safety rules and regulations that apply to the land that they enter or cross pursuant to this section.
[PL 2013, c. 180, §5 (NEW); PL 2013, c. 180, §6 (AFF).]
SECTION HISTORY
PL 2013, c. 180, §5 (NEW). PL 2013, c. 180, §6 (AFF).