We all love setting boundaries, but we don’t particularly like when someone sets them for us. I’m talking about land surveyors.

They measure and map land to establish property boundaries, create plats and maps, and even prepare sites for construction. But what if owners of private land don’t want surveyors to do that on our land? What if landowners say “No” to a surveyors’ request for entry.

Is that allowed? Wouldn’t they be trespassing?

The answer is it depends on the state, but since we live in Texas, lets focus on Texas.

The short answer is yes, a land surveyor can indeed come onto your land and survey it…BUT they need a few qualifications first.

They must show identification that they are a registered land surveyor or work for one. Secondly, they generally need your permission.

But, here is where it gets tricky. If you deny them permission, they can get a court order or a right of entry letter that will grant them permission regardless of your answer.

However, if you deny them permission and they walk onto your property without the proper documentation, this is considered a trespass! Making their entry illegal. Lastly however, just because they are on your property with permission to do a job, this does not absolve them of any responsibility or damage done to the property, they can be held liable!

Sec. 1071.358. COURT ORDER FOR LICENSED STATE LAND SURVEYOR TO CROSS LAND. (a) A licensed state land surveyor engaged in surveying in the person’s official capacity who is denied permission to cross land owned by a private party is entitled to a court order to enforce the license holder’s authority to cross the land.
(b) The attorney general shall promptly apply for an order under this section from the district court. Venue for the action is in the county in which the land is located.
(c) The court shall grant the order on proof that the person is licensed under this chapter and acting in the person’s official capacity.


Sec. 1071.3585. COURT ORDER FOR REGISTERED PROFESSIONAL LAND SURVEYOR TO CROSS LAND. (a) A registered professional land surveyor engaged in surveying who is denied permission to cross land owned by a person or entity may seek a court order authorizing the surveyor to cross the land.
(b) A registered professional land surveyor may apply for an order under this section from the district court. Venue for the action is in the county in which the land is located.
(c) If the registered professional land surveyor holds office as a county surveyor and is engaged in surveying in the person’s official capacity, the county attorney may apply for an order under this section.
(d) The court shall grant the order on proof that:
(1) the person is a registered professional land surveyor acting in the person’s official capacity as a county surveyor; or
(2) the person is a registered professional land surveyor and the issuance of a court order authorizing the person to cross the land is in the public’s best interest.