Trespassing Exception for Surveyors

Question: The construction of a new home on the lot next to our North Scottsdale home will begin soon. In the last few weeks a guy has been trespassing on our property with his surveying equipment. He said that he is a licensed surveyor, and that he is entitled to trespass on our property to do the survey of the lot next to us. We are concerned about damage to our landscaping. Is a licensed surveyor allowed to walk all over our landscaping to do a survey of the lot next to us? If so, would we have a claim against him for any damage to our landscaping?

Answer:  Yes, to both questions. Licensed surveyors can do necessary survey work for a lot by trespassing on neighboring land with reasonable notice to the neighboring landowner. If the surveyor does damage to the landscaping of the neighboring landowner, however, the neighboring landowner can sue the surveyor in Superior Court for damages. See ARS § 33-104.

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