The order must describe the property, and a copy thereof must be served on the owner or occupant; and thereupon such party may enter upon the property, with necessary surveyors and assistants, and make such survey and measurement; but if any unnecessary injury be done to the property he is liable therefor.
§ 743.Unnecessary Injury Done By Surveyors and Assistants
Title 10. Actions In Particular Cases · Chapter 3. Actions for the Recovery of Real Property, and Other Provisions Relating to Actions Concerning Real Property · Enacted 1872 · no amendments on record · Last verified July 28, 2026
In one sentenceSection 743 requires an entry order to describe the property and be served on the owner or occupant before the survey occurs, permits the authorized party to bring surveyors and assistants onto the land, and imposes liability for any unnecessary injury done during the survey.
Full Text of § 743
Plain-English Summary
This section fills in the procedural details that make § 742's entry order workable and fair to the property's owner or occupant. The order must describe the property, and a copy has to be served on the owner or occupant before the survey happens — no surprise entries onto someone's land.
Once served, the authorized party can enter with the surveyors and assistants necessary to conduct the survey and measurement. That authorization isn't a blank check, though: if unnecessary injury is done to the property in the process, the party who obtained the order is liable for it.
Frequently Asked Questions
What must happen before a party can act on an entry order under § 742?
The order must describe the property, and a copy of it must be served on the owner or occupant of the property.
Who can accompany the party entering the property to survey it?
Necessary surveyors and assistants.
Is the entering party liable for damage caused during the survey?
Yes, if unnecessary injury is done to the property, that party is liable for it.
Amendment History
Enacted 1872.
Source & verification. Section text is reproduced verbatim from
the Deering's California Codes Annotated / vLex. Enacted by the California Legislature.
Last verified July 28, 2026.
· Official source
Also known as: survey order service requirements californialiability for injury during property survey