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In Sight of the Property Line

Blake Thomsen, a licensed land surveyor from Chelsea, Vermont, contacted the magazine with a request that we run a small blurb explaining to landowners why they might see a surveyor wandering around their back 40, possibly cutting brush. It seems Mr. Thomsen had been cutting sight lines recently, when a neighboring landowner became upset that the clipping was being done on his property instead of on the actual property that Thomsen had been hired to survey. We’re happy to try to shed some light on this subject.

While a landowner has every right to object to the cutting of brush or trees on their property, it’s also important for them to realize that since property lines often run along tree lines, a surveyor often needs to create an alternative line of sight. This sometimes necessitates clipping brush on a neighbor’s parcel.

Here, Mr. Thomsen explains the process:

As a Licensed Land Surveyor in central Vermont for the last three decades, I have had to cut more brush, branches, and saplings than I care to remember.  The Vermont landscape rarely allows us to make measurements directly from one property corner to another.  We therefore have to clear “sight lines” near property lines which allow us to make measurements to corner monuments and to other relevant physical evidence along property lines.  At times it is much more practical and efficient to clear these “sight lines” on the abutter’s side of the line, rather than the client’s side.  As surveyors we do so much chopping that we sometimes forget that what seems normal and necessary to us may be offensive to someone else, specifically the abutting land owner.

In the cases of brush cutting, one would hope that common courtesy and common sense would rule the day. If a prized rose bush obscured a property monument, it makes sense that a surveyor should refrain from hacking without permission. If the brush clipping in question is a line of sight through an out-of-the-way honeysuckle thicket, it seems reasonable that a landowner would respect the surveyor’s right to do their job practically and efficiently.

While your neighbor’s surveyor may or may not find it necessary to cut brush on your property, he or she will certainly have to poke around your land looking for boundary evidence. This is part of the job. Parcels of land don’t float; they’re connected to everything that surrounds them. The evidence a surveyor finds on the parcel they’re hired to survey must be corroborated with evidence found on neighboring parcels, and everything he or she finds has to ultimately jive with legal descriptions on record in the town clerk’s office. And so you’ll often see a surveyor taking shots on your property corners, or digging in your front lawn for buried iron pipes. In such cases, all this means is that they’re doing a thorough job reconstructing historical boundary evidence. This benefits every landowner in the neighborhood.

In his letter to us, Thomsen points out that he typically sends a “Notification of Survey” letter to abutters letting them know when he’ll be working on or near their property. He suggests that anyone receiving such a letter should feel free to contact the surveyor, not only with concerns, but also to share information about their property. This helps both the surveyor and the neighbor.

In general, land surveyors have tremendous appreciation for the rights of landowners and will do all they can to respect those rights.

As a landowner, it’s reasonable to expect a surveyor to respect your prized rose bushes. It’s also important to realize that a surveyor found “trespassing” on your land has a legal and a professional right to be there.

Discussion *

Jan 14, 2010

Sorry, Tom. Took me a while to dig up your request. Here it is:

Ch. 1 Estates in Real Property T27 (Rights of Entry for Survey)
In cases wherein the title of lands, tenements, or hereditaments may come in question, or in order to establish boundaries between abutting parcels, a licensed surveyor with the necessary assistants, employed by any of the parties to such disputed title, may enter upon such lands or real estate or other lands for the purpose of running doubtful or disputed lines and locating or searching for monuments, establishing temporary monuments, and ascertaining and deciding the location of a survey, doing as little damage as possible to the owners of such lands.

dave
Nov 23, 2009

A couple years ago, my partner was riding her horse on our land when she came in contact with what appear to be thin kite string.  On further investigation I found our entire southern boundary (3000+ ft) had this string on or near it, (it appeared deer had pulled the string in several directions).  There was also flagging and cut saplings and brush near the pins.  The neighbors to the south, that I spoke with, did not hire a surveyor.  A local surveyor told that use of the string is common practice as is leaving it behind.  The horse really does not like walking into things it can not see, let alone bright fluttering flagging that was not there the last time he came through.

Alan Baker
Shaftsbury, VT
Nov 23, 2009

Alan Baker
Nov 23, 2009

The key concept here seems to be: “one would hope that common courtesy and common sense would rule the day.”

Indeed. As a landowner of gateway property to other people’s hunting grounds, and who is surrounded by large parcels getting subdivided progressively each year, I can attest that courtesy is the bottom line.

Toward people who announce their presence and intention, our response is generous and open. But we are immediately hostile toward anyone who simply shows up and tromps around. If they started hacking up our vegetation as well, we would either call the cops, let loose the dogs, or challenge the invader directly, toting a shotgun.

If a surveyor is rude enough to trespass without communicating, he/she deserves whatever the landowner chooses to dish out.  Most of us have phone answering machines, mailboxes, front doors that will hold taped or thumbtacked messages, and driveways that can accommodate parked cars with signs on them. We have no way of knowing that intruders have a professional and legal right to intrude until they inform us.

There are enough creeps and poachers around that one can’t automatically assume it’s just a surveyor or forester doing their job. A professional who is licensed to perform a land-crossing service should know, as part of that training, how to professionally interact with the public.

Carolyn Haley
Nov 22, 2009

Would it be possible for the author to quote the appropriate section of a state’s (Vermont’s for example) legal code that allows the surveyor the “legal and professional right to trespass”?

Tom Prunier
Nov 20, 2009

If good manners and common sense are to triumph, it seems to me that they should start with the surveyor. What he considers “just brush”, may have far greater value in the eyes of the landowner. This summer, the power company probably thought that they were doing me a favor by spraying the “brush” at one corner of my yard which was under their line. Now, I have no elderberry bushes. Similarly, an over-zealous highway worker got completely off the right-of-way at the same corner of my yard and mowed off the walnut sapling that I was going to transplant. The walnut will probably resprout; the elderberries are gone forever.

Gorges Smythe
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