Case Information
*1 OFFICE OF THE ATTORNEY GENERAL OF TEXAS
AUSTIN
fionorablo William Yeldem County Att0rn.Y
As8irtant Trarl8 County
Aurtin, Texas opinion No. o-6
Deer 81r: m0dpt in or your County Surveyor land, without to go 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 l djaoeut landowner begin at suoh known oornm and mrvay along the boundary 1-e in order to re- erkbli8h obliterated landtm oornera of State-own& *2 ion. .:illiam 7eldarmah - 2
Uhtier the faots 8tati.d. n.z find ILO 8UtIloritJ; that the County .iUrVeyOr t0 GO uyori lahc of the sdjacbht
pcrdt8 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 .nekas entry thereon.'" 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 for civil damages; liabl-
;;rticle 16, 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 and county surveyor. . . .* treasurer We must look statutes to &3tbrIIiiue what duties to has preacribcd for cou$ty surveyors. Their
t&e Legislature 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 $osalbly be inferred from whioh made It the duty of the county surveyor aoma statute to make the survey about whioh you inquire. liowevtir, we are Uli- ablz to find shy statute which makes it his duty to roake such survey, under the facts given.
The dlsoontented alvardea hae his remedy. IIl tilt event that he chooses to bring an aotlon of traayasa to try title ageinst such adjoining owner, he may avail himsell' of the adv.ihLagGs given by Article 7380, V.x.C.s. 1925, which reads as follows: *3 .
iionorable William Yeldumcln - 3
"The Judge of the oourt may, either in term tlae or In vaoation, at hi8 own al8oretlon, or of either party to action, appoint on notion a rurvoyor, who &all aurvsy the prumlaes ln oon- pur8uent to the order of the oourt, and trovoray report his aotion under oath to 8uoh court. If said report be not rejeoted for good oauae shown, the name shall be admitted cre evidence on the trlal.n surveyor would then aot under a oourt order, en- tered by a court having jurlsdlotlon over the party who88 land mu8t be entered.
YOU8 Very tNl$' ATTORbIXY WlWiAL OF TXCk.3 vi. T.. aurry BY A8818tant ' WTCrBT:ZH