In short, the right of access to the country to be questioned may seem like a simple problem, but without it, the investigation cannot be carried out. Notifying homeowners before they arrive on site helps in two ways: safety and timing. This is primarily the issue of safety for field officers. Many landowners rightly protect their land. We do not want to alert the landowner and get him to fire a gun at the field crew or a worse fire on the ground. Another security issue is effective access to the country. It is much safer for the field crew to go through a door opened by the landowner, instead of jumping over the fence. I know of a case when the owner lit an electrified fence when the survey team member was halfway there. It did not end favourably for both the landowner and the crew member. Dogs and other protected animals are also a concern.
If an owner knows that the survey team is coming, they can contain the animals. Second, the question of timing. If the surveyor waits for the outside crew to be on site to inform the landowner, the surveyor must consider that the landowner is there to give permission. If the landowner is not on the land and the survey participant feels it is necessary to go to the owner`s property, the safety concerns mentioned above arise. I always advise landowners facing a possible conviction to consult a lawyer to ensure that their rights are protected and to ensure that they receive the best possible money and the best possible conditions. One of the most important points the client must indicate before a survey can begin with a survey is the “right of access” to the property. If surveys cannot enter the country concerned, they cannot carry out the investigation. 6. Notwithstanding the provisions of Section 1 of this section, an approved commercial surveyor or an employee or agent of the regional surveyor may use a vehicle to get ashore, provided the vehicle remains on existing roads, provided this is feasible. There are a number of court proceedings that limit this right to visual checks and regular investigations and refuse to allow more invasive processes such as nuclear drilling or ground tests under the ground. See Coastal Marine Serv. City of Port Neches, 11 S.W.3d 509 (Tex.
Ct. App. – Beaumont 2000). 2. Any person exercising the right of entry granted under Section 1 of this section must do so without unnecessary damage to the country penetrated.