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Can Someone Survey My Property without My Permission?

For most homeowners, it’s an unpleasant experience to find an uninvited person surveying private property. At first, you will think it’s nothing serious.

However, with time the surprise will make you ask too many questions trying to find out the prime reason that made them survey your property without permission.

If it’s an intruder, you can respond by calling the police, but now the situation is different because you have the land surveyor guided and protected by law.

Typically, most states allow land surveyors to enter private property without asking for official permission, especially if they work for the government.

On the other hand, criminal trespass by the surveyor can make them be subjected to restitution, jailing, fines, or monetary damages.

Surveyors have a clear right to inspect your property if there is no criminal trespassing. In addition, the surveyor is also allowed to assess your neighbors’ property to capture the necessary land perimeters and measures adequately.

While the land surveyor and other authorized agents are allowed to access your property without permission, you’re not allowed to get into your neighbor’s property.

According to the Neighbouring Land Act 1992, you will be judged for trespassing, and that will lead to other worse outcomes.

If you find someone surveying your property, you need to identify whether they are the real surveyors. You can request duly signed documents to support what they are doing. Alternatively, you can get a lot of information from the badges.

Some property surveyors might claim to come from a government agency, yet they’re thieves who will leave you regretting for the rest of your life.

After confirming that you have a legit surveyor who visited your property unexpectedly, try to ease and allow them amicably to proceed with what they want. At the end of it, you need a report.

You can ask a few questions regarding what you would wish to know since what is being inspected is your property, and you deserve everything that resonates around it. If the response is not given, please follow up on the same with the help of your lawyer.

Your property can be surveyed at any time. In most cases, people approach a surveyor to purchase a house or build anything.

Most mortgage providers demand a property survey to ensure that the property is worth the loan amount. However, a property survey isn’t always needed by law.

Therefore, you need to be cautious with the surveyors who come to your property without permission. What is their sole intention?

So, Can Someone Survey My Property without My Permission?

  • Boundary lines

The determination of boundary lines is one of the most typical reasons individuals or agencies seek a qualified surveyor. Before establishing a fence, adding a sunroom, or paving the driveway, you need to know what you legally possess and boundary lines help with that.

When you see someone surveying your property unexpectedly, it could be that they are trying to process the boundary line certification to help in the property description of what separates you from the neighbors.

  • Easement

An easement is a circumstance where you must share access to a portion of your land with someone else. Any easements on the property you intend to buy will be revealed via a property survey. 

A utility provider, for example, may have the right to run electrical cables across your property. There are many various easements, and they don’t necessarily result in unfavorable circumstances or experiences, but doing a comprehensive property survey helps you from being caught off guard.

  • Zone Classification

The government governs how land is utilized in a certain region through zoning. The strategy tends to vary from one location to another. Residential, business, and agricultural zones are the three categories of zones available.

A survey helps the property owner determine the zone classification of their property. That allows the landowners also to make the most out of their property while avoiding legal issues with the government. Zone classification is crucial for making the process of obtaining permissions for the property issues easier.

  • Mortgage Requirements

Before processing a mortgage loan, most financial institutions need a property survey. While some lenders may not need it, it is necessary to have it before applying for a mortgage.

In certain circumstances, the mortgage company covers the costs of the survey, while in others, the property owner is obligated to contribute.

  • Outdated Property Survey Data

Surveys must be updated frequently. That’s also due to the fact that buildings can be built and may overlap each other’s boundary lines. As a result, historical surveys are still relevant until a new one is conducted.

Updating the old property survey dataset eliminates any potential inaccuracies. It offers real-time and reliable information to the governing agencies. Unexpected land surveys can happen to help the property agents update land records.

  • Solution to Disputes

Your property may occasionally prevent your neighbor from using the main road. They may have the legal authority to travel across your property at times. A survey can help clear up these concerns and potential conflicts when settling disputes.

Bottom Line

Property survey is the process of determining your property’s physical boundaries and accurate field measurements. In some circumstances, it’s also known as a land survey or border survey.

A land survey shows the exact property borders and any structures on the site. Public roads, water lines, land topography, easements on the land, and other objects can all be discovered using a survey.

Professional surveyors generate land maps and determine land measures using specialized equipment. Land surveyors are skilled in gathering, organizing, and presenting data.

Ultimately, someone can survey your property without your permission. However, surveyors are liable to civil trespass if they don’t have statutory protection.

Someone can unexpectedly survey your property because of different reasons. Others are legit, while some require further consultation for you to make sound judgments. Consult your attorney if you notice someone surveying your property without permission and the reason given isn’t clear or satisfactory.