Surveyor rights to access private property in MO
- Thread starter jk96
- Start date
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Yesterday was actually trip 3. 1st day when I called the office one of the guys showed back up a second time. On that instance he did knock because I had just talked to the office a few hours earlier. He told me they missed a spot that needed marked and I told him to head on back. Not a problem.
paulsharvey
Elite Member
Depending on local law, and original easement language, the power company can grant joint use of the poles. So, the power easement is their right to access and place.
You are correct they are responsible for restoring to "original or better than" condition; however that doesn't mean Today; that means before they finish the project.
paulsharvey
Elite Member
Multiple trips probably means field crew couldn't find a corner, turning point, or tie; figured "the office will figure it out", and the surveyor with the license sent them back to verify the monument they missed or skipped. It could also be, after doing the work, they needed to set monumentation.
The guy with the license is not the guy in the field with the grade rod or using the instrument; the license holder reviews that work, cleans it up and verifies and signs/seals it
buckeyefarmer
Epic Contributor
I asked if they were working for the power company, they said no. Power does have right to be there, not sure what the original easement wording says, but I asked and they said no. Like JK96, all I ask is for them to ask and let me know. When I spoke to them the week before, they said they would bring their supervisor out to talk to me the following Monday, they never came. After that I discovered more trespass behind my house. What's confusing, is they have already ran fiber down the ROW North and East of my house on the telephone line poles, and this line is redundant, goes to the same place at the neighbors, so they have literally circled my house with fiber. Lines in front and side of house is on the road ROW, power lines cross behind me over my private property.
Sorry JK96, didn't mean to interrupt your thread.
dodge man
Super Star Member
I’ve had surveys it took multiple trips, it’s not unusual.
newbury
Super Star Member
- Joined
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- From Vt, in Va, retiring to MS
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- Kubota's - B7610, M4700
But (at least in my neck of Mississippi) I can legally shoot ANYTIME I want.
When I first moved into my Mississippi property we were bothered by traffic on a ROW that crossed my property. Locals used it as a shortcut between two roads. It made a 1.8 mile trip by road a 1 mile trip overland. But it was only about 100 yards from my house, and they had a tendency to need to run it about dark.
My solution was to set up some targets on the other side of the ROW and at random times, mostly around dusk, do some target practice. I own about 500 yards behind the ROW and it's all steep, wooded uphill then it's a state wildlife management area. After about 6 months no traffic on the ROW.
As far as the OP's problem. I'd post a sign saying something like "Caution, active Range, proceed at your own risk. Please check at house." and have a sound tape to play of actual gunshots on hand to use if they don't check..
Delivered a letter to the office Friday. I informed them in writing that without prior approval that access to our property for any future work was denied when our land was being used as convenience and not out of necessity. No managers were available to talk and none have called me since a request to speak to one after the 2nd time they were here. I'm sure by now the job is complete and I probably won't hear from anyone for years. This is not a common occurrence.
Now some of you have asked why I care and some have already said don't sweat the small stuff, some have suggested I should tow vehicles, and some have suggested worse. I care for two reasons, respect and property rights, especially the latter.
Access to my property was not needed for their survey but it was more convenient. Had they accessed the line through their paying customers land and were just walking both sides of the line for the survey no big deal. I understand that is part of their job and necessary to do their work. The fact that they used our access for convenience, parked in front of my house, and walked past the house to the back somewhere without a knock on the door does bother me a bit. Coming home to their truck idling in my drive and not knowing why they were here and no clue where they were at did not sit well. I should not have to come home and start walking my property or making phone calls to find out what they are doing. It did not bother me enough to escalate to a denial of access letter until they told me I have no property rights in regards to their work. At that point I felt it was well within my rights to set them straight and made the post here trying to find some info in regards to this situation. If they need to access my property in the future out of convenience I will gladly grant them access provided they ask first. I have no problem if asked. If anything more comes of the situation I will post an update. Based on what I have found in regards to MO statute I do believe they would be in violation of trespass next time if simply using our property for convenience. I have a feeling after reading my letter they will probably agree and contact us first. Here is the letter delivered to them
From
Address
Date: 09/26/25
To:
Re: Unauthorized Entry
Dear ___________.
This letter serves as formal notice that you are prohibited from entering my property at (Address) in connection with the current survey of our neighbors property or any future survey of neighboring property where access through our land is a mere convenience and not necessary to complete your work.
On September 15th your company was discovered using our land as a convenient way to access another property you were contracted to survey. At that time I made a phone call at 3:12pm and spoke to your office. I was very clear that I had no issues allowing you on our property in order to make your job more convenient, however I only requested that out of respect I be contacted by phone call for permission prior to any persons from your company accessing my land. On Sept 26th your company was once again discovered on our property using our land for more convenient access. We were never contacted ahead of time as previously discussed.
Missouri law (§ 327.371 RSMo.) allows surveyors limited immunity from trespass only when entry onto adjoining property is necessary to perform the survey. Access across my land is not necessary in this case, as the property you are surveying can be reached and surveyed entirely from other routes including through the land you are surveying without crossing other property owners land. Using my land solely for convenience does not meet the statutory definition of necessity.
Any entry onto my property without my express written consent will be considered trespass, law enforcement will be contacted, and any vehicles will be immediately towed from the property.
Please adjust your future survey operations accordingly as I do not consent to your company using our land for convenience without prior approval.
Sincerely,
Now some of you have asked why I care and some have already said don't sweat the small stuff, some have suggested I should tow vehicles, and some have suggested worse. I care for two reasons, respect and property rights, especially the latter.
Access to my property was not needed for their survey but it was more convenient. Had they accessed the line through their paying customers land and were just walking both sides of the line for the survey no big deal. I understand that is part of their job and necessary to do their work. The fact that they used our access for convenience, parked in front of my house, and walked past the house to the back somewhere without a knock on the door does bother me a bit. Coming home to their truck idling in my drive and not knowing why they were here and no clue where they were at did not sit well. I should not have to come home and start walking my property or making phone calls to find out what they are doing. It did not bother me enough to escalate to a denial of access letter until they told me I have no property rights in regards to their work. At that point I felt it was well within my rights to set them straight and made the post here trying to find some info in regards to this situation. If they need to access my property in the future out of convenience I will gladly grant them access provided they ask first. I have no problem if asked. If anything more comes of the situation I will post an update. Based on what I have found in regards to MO statute I do believe they would be in violation of trespass next time if simply using our property for convenience. I have a feeling after reading my letter they will probably agree and contact us first. Here is the letter delivered to them
From
Address
Date: 09/26/25
To:
Re: Unauthorized Entry
Dear ___________.
This letter serves as formal notice that you are prohibited from entering my property at (Address) in connection with the current survey of our neighbors property or any future survey of neighboring property where access through our land is a mere convenience and not necessary to complete your work.
On September 15th your company was discovered using our land as a convenient way to access another property you were contracted to survey. At that time I made a phone call at 3:12pm and spoke to your office. I was very clear that I had no issues allowing you on our property in order to make your job more convenient, however I only requested that out of respect I be contacted by phone call for permission prior to any persons from your company accessing my land. On Sept 26th your company was once again discovered on our property using our land for more convenient access. We were never contacted ahead of time as previously discussed.
Missouri law (§ 327.371 RSMo.) allows surveyors limited immunity from trespass only when entry onto adjoining property is necessary to perform the survey. Access across my land is not necessary in this case, as the property you are surveying can be reached and surveyed entirely from other routes including through the land you are surveying without crossing other property owners land. Using my land solely for convenience does not meet the statutory definition of necessity.
Any entry onto my property without my express written consent will be considered trespass, law enforcement will be contacted, and any vehicles will be immediately towed from the property.
Please adjust your future survey operations accordingly as I do not consent to your company using our land for convenience without prior approval.
Sincerely,