GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 1997

H 1

HOUSE BILL 995

Short Title:  Amend Trespass/Surveyors.                                                                          (Public)

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Sponsors: Representative Ives.

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Referred to:  Judiciary II.

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April 17, 1997

A BILL TO BE ENTITLED

AN ACT TO PROVIDE THAT ENTRY ON A PERSON'S LAND BY A SURVEYOR IN THE COURSE OF BUSINESS IS NOT TRESPASS.

The General Assembly of North Carolina enacts:

Section 1.  Article 22B of Chapter 14 of the General Statutes is amended by adding a new section to read:

"§ 14-159.15.  Entry by registered land surveyor is not trespass.

Registered land surveyors, their employees, and agents shall have the right to enter upon the lands of others and carry with them their customary equipment and vehicles and perform the customary and necessary acts to perform the surveys of land. The reasonable removal of undergrowth, brush, and limbs from naturally occurring plants for sight lines and the marking of boundary trees and witness trees shall be considered normal and necessary activities under this section.  Landowners shall be held harmless to the registered land surveyor and the surveyor's employees and agents for injury to persons and equipment so long as that injury does not involve an otherwise unlawful or malicious activity."

Section 2.  This act is effective when it becomes law.