You walk outside, coffee in hand, and there they are: brightly colored stakes marking off corners of your yard. You didn’t order a survey, so who did? And can someone legally survey your property without telling you?

 

This unsettling situation is more common than you might think. Homeowners across the country are finding unexpected property markers placed by people they’ve never met. And while it might feel like an invasion of privacy, the legality comes down to one key factor: easements.

 

Let’s explore when surprise surveys are perfectly legal, when they cross the line, and how to uncover who’s behind the measuring tape.

Easements Make It Legal (Sometimes)

Certain entities have legal rights to access your property for specific reasons. These are called easements, and they are typically granted to utility companies, municipalities, or county agencies. If a public utility or government department holds an easement on your land, they’re often within their rights to conduct a survey without your explicit permission.

 

That means:

  • Power companies may survey to maintain lines or equipment.
  • Water authorities could need access to underground pipes.
  • County departments might assess land for infrastructure or zoning.

In these cases, they aren’t required to get your go-ahead. Though most reputable surveyors will knock on your door out of courtesy.

A public utility or government department that holds an easement on your land has the right to survey without your permission. (DALL-E)

When It’s Not Legal: Trespass and Unauthorized Surveys

On the other hand, if a private surveyor enters your land without permission or legal justification, that’s trespassing. Plain and simple.

Unauthorized surveys can sometimes stem from:

  • A neighbor trying to resolve a boundary issue.
  • A developer eyeing adjacent lots.
  • A real estate agent or buyer doing due diligence without your consent.

If none of these parties have a legal reason or a court order, they cannot just waltz onto your lawn and start measuring. If they do, you’re within your rights to challenge it, and in some cases, report it.

How to Find Out Who Ordered the Survey

The good news? You’re not powerless here. If you wake up to survey stakes and no explanation, here’s how to find out who’s responsible:

  • Start with your county planning and zoning department. They keep records of approved surveys tied to public projects or permit applications.
  • Contact your utility providers. Ask if there are current maintenance or infrastructure upgrades in your area that required access to your land.
  • Talk to your neighbors. Occasionally, a nearby homeowner might initiate a survey that inadvertently includes part of your property, especially if there's a dispute about boundary lines.

In most cases, a few well placed phone calls will lead you to the source.

If a private surveyor enters your land without permission or legal justification, that’s trespassing. (iStock)

What You Should Do Next

If the survey was done legally (say, by a utility company with an easement) there may be little recourse. But if it wasn’t, you can:

  • Request documentation from the surveyor or whoever hired them.
  • Document the markers with photos and notes.
  • Send a written notice to the responsible party stating they were on your land without permission.
  • Contact a real estate attorney if you’re concerned about your property rights.

No one wants to wake up to surprises on their land. But by understanding the rules and knowing where to turn, you can keep your property – and your peace of mind – well protected.