Sarasota, FL asked in Real Estate Law for Florida

Q: 472.029 What rights does the third party property owner have? Can he request proof of license and work order?

472.029 seems to be in direct conflict with property owners rights under 810.09(2)(a)

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2 Lawyer Answers

A: It's very unclear what your question is because you provide very little facts and a "third party property owner" is not possible. You either own property or you don't. You could have an interest in the property as a tenant, easement holder, life estate or some other interest. You are citing a portion of the criminal trespass statute in conjunction with the authorization to survey or map property. Surveyors and mappers have authorization to enter property per the statute you cite and the criminal trespass statute applies only if the person entering the property does not have authorization.

Terrence H Thorgaard agrees with this answer

Terrence H Thorgaard
Terrence H Thorgaard
Answered
  • Freeeport, FL
  • Licensed in Florida

A: Presumably this is a follow-up to a question I answered previously. Sure, he can request those things, but if the surveyor refuses, the owner's only recourse is to ask that the surveyor be prosecuted for trespassing. If there have been no damages, it is extremely unlikely that the surveyor is going to be prosecuted.

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