Need a Survey? No Problem.

As recognized under California’s Eminent Domain Law, agencies considering the acquisition of property for a public use may need to enter and inspect the property to make photographs, studies, examinations, tests, borings, and the like.  Typically, conducting such activities requires either the consent of the owner or, if the owner refuses, an order from the court.  (See Code of Civil Procedure §§ 1245.010 et seq.)

Owner consent is not, however, required to conduct surveys.  California’s Civil Code section 846.5(a) grants surveyors the right to enter to investigate and utilize boundary evidence and to perform surveys, and it is the responsibility of the owner or tenant to provide reasonable access without undue delay.  This right of entry is not contingent upon the provision of prior notice to the owner or tenant.  That said, the statute encourages the surveyor to provide notice of the proposed time of entry where practicable.

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