Right of Entry Notice Requirements for Land Surveyors, OR

Right of Entry Notice Reminders

Notice must be written

Place Notice in a conspicuous place

Take photo of Notice ater it is posted

Right of Entry for Land Surveyors

2025 Update

The Oregon State Board of Examiners for Engineers and Land Surveying (OSBEELS) Law Enforcement Committee routinely reviews complaints submitted by the public and other licensed professionals. One of the most common issues involves Right of Entry procedures by land surveyors. These complaints typically focus on inadequate notice--either none was given, or the notice lacked required information.This document serves as a clarification of the notice requirements under ORS 672.047 and provides best practices to avoid enforcement actions.Primary Issues If there's any chance you will be crossing onto private property, which includes placing a property stake, give notice. If a surveyor, or their crew, places a monument or any piece of equipment on a shared boundary line, the implication is that the person has entered the properties on both sides of the line.It's your responsibility to ensure the property owner (and occupant, if applicable) is properly notified ahead of time.It's critical to understand that verbal communication alone is not sufficient. The notice must be in writing, and it is best practice to retain proof (copies of letters, photos of door hangers, etc.) that notice was properly provided. Notice Requirements

A valid notice must contain the following:

1. Surveyor's name and business name (attach business card if using a door hanger).
2. Business address.
3. Telephone number.
4. Purpose for entry (e.g., boundary survey, monument location).
5. Date notice is given and expected date(s) of entry--a range of dates is recommended.
6. Availability of a survey map. If no map will be created, clearly state that.
7. The presence of any temporary or permanent monuments or other markers to be let on the property.

Delivering the Notice

• If you are providing notice by mail, it must be sent via first-class mail at least seven days before entry.

• If you are providing notice in person, a written notice must be placed in a conspicuous place prior to
  any work being performed. For many properties, this may be the door of the building or the main entrance of the property prior to entry.

• For properties that are in rural areas or gated lands without a residence, the notice must be placed
  where the owner of the property can reasonably be expected to see the notice. Place the notice at a conspicuous location--such as a gate or fence post prior to entry.

Tip: Ensure you're using accurate addresses when mailing notices. You are responsible to ensure notices are sent to the correct address(es).

Right of Entry for Land Surveyors

2025 Update

Special Case: Rental Properties

When surveying rental or multi-tenant properties:

• Notice must be provided to the property owner.
• Notify all occupants on the property by placing a notice in a conspicuous location in which the occupants may reasonably be expected to see the notice.

Best Practices

• Take a photo of every notice posted, ideally with the address or property features visible.

• If notice is placed at a gate, geo-tag the photo using your phone's location settings.
  This pinpoints the location and date the photo was taken.

• Always inform the crew about notice requirements, especially if you're not present during field work.

• Remove flagging/stakes promptly and inform the property owner of removal timing.

• Provide copies of survey maps when requested--or explain why a map won't be produced.

• For rental properties with multiple tenants, it may be helpful to notify the property manager.
  Posting notice at a common area, such as on a bulletin board or near the mailboxes may be a good location for tenants to see the notice.

When in doubt whether an appropriate notice was sent, send another notice--it's always better to over-notify than under-notify.

Denied Entry

Occasionally, property owners may refuse access even ater being provided with proper notice. While you may have a legal right to enter the property, doing so is at your own risk. In such cases, it is advisable to consult with your attorney to determine the appropriate course of action.

Summary

Properly following the Right of Entry requirements, as specified in ORS 672.047, helps maintain professional integrity, public trust, and legal protection. The key is clear, written communication and documentation. Respect private property, leave no trace, and always be prepared to demonstrate that you've followed the law. The Professional Land Surveyors of Oregon (PLSO) offers printed door hangers for purchase. These include space to fill in PLSO website for details.required information and attach your business card. Visit the

Sorry we missed youNotice Requirements

A valid notice must contain the following: It is necessary for us to enter upon your property to conduct a land survey.1. Surveyor's name and business name #5 (attach business card if using a door Today's Date: hanger). Pursuant to ORS 672.047, as contained on the reverse herein, 2. Business address. we are conducting a survey for the following purpose:3. Telephone number.

1. Purpose for entry (e.g., boundary #4
   survey, monument location).

2. Date notice is given and expected
   date(s) of entry--a range of dates is This survey primarily involves surveying:recommended. ☐ This property6. Availability of a survey map. If no map ☐ Neighboring propertywill be created, clearly state that. ☐ Other7. The presence of any temporary or permanent monuments or other Several visits may be necessary for us to accomplish the markers to be let on the property. required work. Temporary and/or permanent fl agging, stakes or other materials may be placed on your property during the course of our work. PLS: Business Name: #1 / #2 / #3 Project: Date(s) of Project: Contact: If a request is made in writing in a timely manner, a copy of the #6 survey will be provided in a timely manner to any landwoner who owns property lying outside an urban growth boundary, if it is af- fected by the entry. Please include the project information when making a request. See reverse for the full ORS. Thank you for your cooperation. If you have any questions , please contact us.

And don't forget to take a photo ater you leave the Notice!