OFFICE OF THE ATTORNEY GENERAL OF TEXAS
AUSTIN
fionorabloWilliam Yeldem
As8irtant County Att0rn.Y
Trarl8 County
Aurtin, Texas
Deer 81r: opinion No. o-6
m0dpt or your in
County Surveyor to go land, without
coIment or the owner, rner lo hereby
aoknoulodgod.
or your 00tmt~
ertain pm-•mption
y reverted to the Stat08
irty (30) aores or raid
t landowner; that the
the county 3urvevor to
m and 8ald adjaoont ownrtr~
rated oormr8, the Oounty
ar 8ituetsd upon prlvato
that euoh adjaoint ounar re-
on hia private property. Your letter
181 IO there any law by uhioh
ejor may over the objeotlon or thei
ldjaoeut landowner begin at suoh known oornm and
mrvay along the boundary 1-e in order to re-
erkbli8h obliterated oornera of State-own& landtm
. .
ion. .:illiam7eldarmah - 2
Uhtierthe faots 8tati.d.n.zfind ILO 8UtIloritJ; that
pcrdt8 the County .iUrVeyOr t0 GO uyori lahc of the sdjacbht
owner without his consent.
In Tex. Jur., Vol 41, page 412. is found the
ststtment: v *our court defines a ntrespaasar on land" a8 one
who, not having title thereto, without oonaent of the true
ow;!ar.nekasentry thereon.'"
The surveyor does not owi: the adjoining land. It
rollowa that if he does not have coneent of the owner or. has
no authority of law authorizing him to enter upon said pro-
P-Q. such entry would be a treepass for whioh the surveyor
would be liabl- for civil damages;
;;rticle16, Section i+I+
of the Constitution of the
State of Texas provides in part:
*The Legislature shall prescribe the duties
and provide for the election by the qualifiad
votars of each county in this State of a county
treasurer and county surveyor. . . .*
We must lookto the statutes to &3tbrIIiiue what duties
t&e Legislature has preacribcd for cou$ty surveyors. Their
prinoipal duties are enumersted in Artloles 5287-5291, V.R.C.S.,
1925, inclusive. We have examined these statutes etnd all other
statutes that we have found which partaln to the duties of
county surveyors. Xc rind no statute expressly authorizing
the entry upon private property whioh la here aought to be made.
The right to enter might $osalbly be inferred from
aoma statute whioh made It the duty of the county surveyor to
make the survey about whioh you inquire. liowevtir,we are Uli-
ablz to find shy statute which makes it his duty to roake such
survey, under the facts given.
The dlsoontented alvardeahae his remedy. IIltilt
event that he chooses to bring an aotlon of traayasa to try
title ageinst such adjoining owner, he may avail himsell'of
the adv.ihLagGsgiven by Article 7380, V.x.C.s. 1925, which
reads as follows:
. .
iionorableWilliam Yeldumcln - 3
"The Judge of the oourt may, either in term
tlae or In vaoation, at hi8 own al8oretlon, or
on notion of either party to the action, appoint
a rurvoyor, who &all aurvsy the prumlaes ln oon-
trovoray pur8uent to the order of the oourt, and
report his aotion under oath to 8uoh court. If said
report be not rejeoted for good oauae shown, the
name shall be admitted creevidence on the trlal.n
The surveyor would then aot under a oourt order, en-
tered by a court having jurlsdlotlon over the party who88 .
land mu8t be entered.
YOU8 Very tNl$'
ATTORbIXYWlWiAL OF TXCk.3
BY vi.T..aurry
A8818tant '
WTCrBT:ZH