Q: Under statute 472.029 If a surveyor goes onto property that he is not surveying to gain access to a existing monument
when he has access to that location by staying on the property he is authorized to survey and then he is ask to leave that property under FS810.09b. Is he trespassing if it was not NECESSARY for him to be on property of others to get to the monument? If not how does 472.029 supersede 810.09b
A: The word "necessary" is the key. For example, depending on the circumstances, it might be possible to access the monument without going over the property of others, but if the alternative route is much more difficult, it would probably be "necessary" to cross property of others.
Anthony M. Avery agrees with this answer
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