https://www.vice.com/en/article/v7vyj3/california-man-fined-for-drawing-lines-on-existing-maps
The article is decidedly one-sided and makes no effort to seek an opinion in favor of this enforcement; however the reporting does raise questions I wish this and other state boards would better address. It's easy to read this and say "Curse those damned surveyors and all their red tape!"
These stories always seem to come from the direction of someone who is trying to take a shortcut or bypass a licensed surveyor to further their own interest. Never from the innocent adjoiner who was encroached and burdened to clean up the mess that could been avoided if their neighbor had just hired a surveyor. Where's this headline: "Lax Mapping Regulations Permitted Neighbor to Build ADU across property lines, One year and $10k in Legal Fees Later, His home is unmarketable with no resolution in sight"
State boards should feature a public-facing page of their website with an FAQ starting with "Why is land surveying regulated by the state? Why are do land surveyors require a license?" Provide answers in plain language that explains we're here to protect you from your neighbor.
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This fits right in with my story above about a current project of mine.
This wasn't just some guy mapping his lot.?ÿ He was SELLING maps depicting property lines base, I guess, on GIS or aerial photos.
I see his site is still active..?ÿ almost makes me want to order one and see what they produce.?ÿ The examples shown look nearly identical to a boundary survey.?ÿ?ÿ
"[T]here is no way to tell why?ÿMySitePlan.com??s?ÿsite plan drawings are illegal but the thousands of site plan drawings submitted by non-surveyors to California building departments are not.??ÿ
This argument is easily broken.. Why can I represent myself in court, but can't represent others? Why can I treat my own wounds and take my own medication and decide when to see a doctor, but not sell my medical advice to others? Why can I cut my own hair but not charge to cut others?
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Mississippi had the exact same situation. A company plotting deed descriptions over aerial imagery, and providing a map to their clients, even rendering opinions on if a deed description was valid or invalid. A Board investigation was completed with fines and a cease & desist order issued. The lawsuit judgement and appeal was in favor of the Mississippi Board of Licensure. Since the main client of the company providing the services was the banking industry, and the offending company's owners were politically connected, a bill was drafted to change the legislation that defined Land Surveying in the State of Mississippi. If I remember correctly, that bill made it through the senate by was killed in the house.
California's fight is far from being over. The Board and Professional Association(s) will need the the support of every licensee and intern to fight this.
I believe the California Land Surveyors Association (CLSA) forum can be viewed by the public (non-members)
https://forums.californiasurveyors.org/phpbb3/viewtopic.php?t=9147
One year and $10k in Legal Fees Later
They got off cheap...
Keyboard warriors, we have them here too. They are skirting the rules, but it's allowed in limited form. Good luck with California shutting them down.?ÿ
I see his site is still active..?ÿ almost makes me want to order one and see what they produce.?ÿ The examples shown look nearly identical to a boundary survey.?ÿ?ÿ
Looking at the Facebook page for the business, those drawings look to have been created with the intent of appearing like a boundary survey with improvements located.?ÿ I was expecting just a deed plot draped over downloaded aerial imagery.?ÿ I did not find the disclaimer from his website on the actual product (as seen on his Facebook page).?ÿ If I were a layman with property, those drawings would appear much more authoritative than they actually are in terms of location.
Gonna start a side business writing prescriptions for painkillers and when I get arrested just argue I was only "drawing letters on paper"?ÿ?ÿ
@jon-payne agreed, i have no sympathy for his actions. his sample drawings have dimensions to the hundredth of a foot and lines clearly labeled 'property line'. this is willful and deceptive to the public
I'm thinking that the more important part of the story is why are these municipal building/engineering departments accepting these things, and why aren't they requiring real survey plans in cases where the location of a building on a lot in relation to the boundary lines might be kind of important?
Site is still active ... but with a disclaimer:
"Before ordering:?ÿPlease verify with your building department that they?ÿDO NOT?ÿrequire that the plan to be prepared by surveyor, architect or engineer.?ÿThis is not a Legal Survey, nor is it intended to be or replace a Legal Survey.?ÿWe are a Drafting Company and do not stamp, sign or seal plans. Our plans are non-certified."
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Gonna start a side business writing prescriptions for painkillers and when I get arrested just argue I was only "drawing letters on paper"?ÿ
Don't forget the disclaimer that says "These prescriptions are not a substitute for an actual doctor's prescription...but you should totally pay me money for them and then take them to get filled at a pharmacy. If they accept them I'm totally still not a doctor and not liable in any way for anything that may or may not happen as a result of you doing anything with the prescriptions that you paid me for."
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