Can I Sue Land Surveyors Who Are On My Land?

This is a difficult question. I am going to give you my personal opinion regarding this question. Simply stated, in no way should my opinion be taken as legal advice or fact. But, since you asked, I’ll do my best to respond with a fair assessment and insight.  Keep in mind, my experience and knowledge of the law is based on the state of Missouri.

Easy answer – Yes! In the United States we all have the Right to petition. The question that probably needs to be asked is why you would want to sue a surveyor?

From my perspective there are a few circumstances where this may be a valid question. Here are a few scenarios to consider before filing suit:

• Trespassing
  • In the state of Missouri – there is a state statute that addresses this:
    • MO 327.371 – A professional land surveyor licensed pursuant to the provisions of this chapter, together with such professional land surveyor’s survey party, who in the course of a land survey finds it necessary to go upon the land of a party or parties other than the one for whom such professional land surveyor is making the survey shall not be guilty of trespass.
  • This statute provides the surveyor with the ability to go onto any property needed during the course of a survey. This would make suing a surveyor for trespassing very difficult.
• Damages
  • The statue also addresses damages caused by a surveyor
    • MO 327.371 – … shall not be guilty of trespass but shall be liable for any damage done to such lands or property.
  • While care is taken to do minimal disturbance, there are times where tree limbs must be trimmed or removed, or landscaping may need to be disturbed in order to set a property corner.
  • The statute clearly states a surveyor is liable for damages.

It is never our goal to engage in a situation that would cause a person to want to pursue legal action. Direct communication and mutual respect for each other can help us all avoid spending unnecessary time, money and resources fighting a battle that doesn’t need to be fought.  Please consider picking up the phone and having a conversation with us about your concerns.  We’d prefer to be pro-active rather than re-active.