I personally would like to see legislation in Oklahoma for recording Surveys. I have worked is various states that require recording of all surveys. I feel that we should at least consider legislation requiring a survey to be conducted and be recorded for any parcel that is segregated or subdivided from a deeded parcel for the purpose of conveying ownership.

This one item would be beneficial to property owners, abstract / title companies, county assessors, etc. The recorded survey would become a part of the documents in the “Chain of Title” for a parcel. I realize that some of the metropolitan areas have zoning regulations that may address this issue to some degree. The remainder of the state does not have such a mechanism to protect property rights.

I have spoken to Real Estate agents, County Assessors, County Clerks who are very much in favor of such legislation. They are all waiting on the Survey Profession to initiate the process for bringing about legislation.  

Where is our Society at on this issue? What are your thoughts and felling on this?

Whoever shall willfully or maliciously enter the garden, yard, pasture or field of another after being expressly forbidden to do so or without permission by the owner or lawful occupant thereof when such property is posted shall be deemed guilty of trespass and upon conviction thereof shall be fined in any sum not to exceed Two Hundred Fifty Dollars ($250.00); provided, that this provision shall not apply to registered land surveyors and registered professional engineers for the purpose of land surveying in the performance of their professional services;

2. This provision shall not apply to peace officers as defined in Section 99 of this title or any federal, state, or local government employees engaged in the performance of their duties, or to any firefighters, emergency medical personnel, or public utility employees engaged in addressing an emergency that presents an imminent danger to health, safety, or the environment in the performance of their duties, or to parties engaged in oil and gas operations, which shall include, without limitation, exploration, drilling, production and sales activities, under authority of mineral ownership, an oil and gas lease, seismic agreement or permit, gas gathering, purchase, transportation, or treating contracts, Corporation Commission order, or other lawful authority from persons entitled to give the same. The provisions of this section shall not prohibit railroad employees and emergency equipment from entering such land to restore rail service following an accident, derailment or natural disaster; nor the entrance of utility employees or contractors while acting in the scope of their employment; nor employees or contractors of valid easement or license holders while acting in the scope of their employment;

This can cause problems with our work as we often need to recover property corners that do not lie on the subject property. If a hostile landowner wishes to prevent a neighbor from getting a survey done then he refuses access to the surveyor thus preventing us from performing our duties and from meeting the State Minimum Standards for Land Surveying