I Always Feel Someone Is Watching Over Me

Question

The property behind our home is being developed, but the easiest route to the property is through our property. As a result, every few weeks, we find people behind our house doing surveying.

Last week my wife objected, citing the section of the law that says in California surveyors must give notice. The owner of the engineering firm responded that notice is not required, citing section 846.5 of the Civil Code. He also verbally said that he would get a police escort if necessary. What exactly are the requirements for surveyors crossing our property?

Answer 1

Unfortunately, gray is still a trendy color. And unfortunately, gray areas still remain in the law.

Section 846.5 of the California Civil Code -- the bit of law from the book that was thrown at you -- contradicts itself in an odd way. Yes, the surveyor has the right to come onto the property without notice. But the law also requires that "the owner or tenant shall be notified of the proposed time of entry where practicable." An owner cannot refuse the right of entry; but a typical diligent surveyor would make an effort to give notice and is supposed to do so. 

Sounds as if you have a lazy surveyor on your hands and your property. For your part, make sure you have done all you can to stop the unannounced madness by leaving times and numbers at which you can be reached for notice.