It's just like the title says. We found out the client changed a well plat I signed in December, changing the some acreages and adding info. I've never experienced this myself, so you guys have any tips?
Were letting them know they altered an official signed and sealed document, but what else should I mention??ÿ
Let the lawyers loose on them, better yet the lawyers for your O&E Insurance.?ÿ they'll tear'em a new poop chute.
Hopefully.
?ÿ
Good luck!
I don't think that you'll get much immediate satisfaction out of trying to legally go after the client.?ÿ
I'd just make sure that all of the affected parties and municipal boards/officials, etc, know that the plat has been altered/compromised, and provide an updated plat for them.
?ÿ
I had an architect not like the location of a wetlands line and buffer on a plan I provided.?ÿ When I was at the town office, I noticed a plan by the architect with a different wetlands and buffer, and a note saying topography provided by JPH Survey.?ÿ Yeah, I exploded, called the architect, and told him to re-issue with my name off of his plan.?ÿ Maybe threatened to call the Board
@jph?ÿ
I'll kindly disagree.?ÿ Board action takes so long that the process might not even be discuss for a qtr of the year.?ÿ Cease and desist are immediately remedies and due to the nature of the document being a copy written work, can be enforced and then follow up with the board's process and the local government etc who is receiving the authoritatively produced work.
We(you, I'm not licensed yet dammit...) have to stop being so passive and begin meting out the punishments and fines that these Infractions deserve.
If no one is held accountable it only continues to go unpunished.
?ÿ
?ÿ
Yeah, we are going to reissue these and let them know any changes they are requesting should come through us. I agree that there probably won't be instant gratification, but would like to put the fear of God in then so they aren't tempted to do this in the future. We are going to be paying attention to what we send them vs what gets filed in the future and if more changes happen I'm sure y'all will hear from me again.?ÿ
We used to have a note on the plan (mostly private clients) That stated?ÿ something like, " The signature is blue and the seal is purple, if these are not the colors you see this plan is a copy and can not be relied upon. Please call xxx-xxx-xxxx to report the unauthorized use."
Hard to do that on something being recorded in Land Records that can be distributed to the public.?ÿ
?ÿ
?ÿ
|
Food for thought copied from NYSAPLS.org
B. Standard Notes ?ÿ In order to implement the policy previously stated above, the surveyor should place the following or comparable notes on the boundary survey map: ?ÿ 1. Copyright or Copyright Sign "(C)" (Insert Year and Name of surveyor or copyright owner) All Rights Reserved. ?ÿ 2. Unauthorized alteration or addition to a survey map bearing a licensed land surveyor's seal is a violation of section 7209, sub-division 2, of the New York State Education Law. ?ÿ 3. Only boundary survey maps with the surveyor's embossed seal are genuine true and correct copies of the surveyor's original work and opinion. ?ÿ 4. Certifications on this boundary survey map signify that the map was prepared in accordance with the current existing Code of Practice for Land Surveys adopted by the New York State Association of Professional Land Surveyors, Inc. The certification is limited to persons for whom the boundary survey map is prepared, to the title company, to the governmental agency, and to the lending institution listed on this boundary survey map. ?ÿ 5. The certifications herein are not transferable. ?ÿ 6. The location of underground improvements or encroachments are not always known and often must be estimated. If any underground improvements or encroachments exist or are shown, the improvements or encroachments are not covered by this certificate. ?ÿ C. CERTIFICATION (Actions That Void Certification) ?ÿ 1. When preparing title surveys, the surveyor should place an embossed seal on all copies along with the following note: "Only title surveys bearing the makers embossed seal should be relied upon since other than embossed-seal copies may contain unauthorized and undetectable modifications, deletions, additions, and changes." ?ÿ 2. A surveyor should place the following notice on work products: copyright label, year, [Name]. "Reproduction or copying of this document may be a violation of copyright law unless permission of the author and / or copyright holder is obtained." ?ÿ 3. When preparing title surveys, the surveyor should place an embossed seal on all copies along with the following note: "A copy of this document without a proper application of the surveyor's embossed seal should be assumed to be an unauthorized copy." |
Alterations to our plat made by us will be billed at our hourly rate. Alterations you make to our plat will be billed at $50,000 per alteration and will be reported to all relevant authorities.
I didn't see anything in Texas legislation that I could cite, but if anyone knows I'll be extremely grateful?ÿ
We just got word from the RRC and they are revoking their plats. I think they are lucky they aren't getting fined or anything, but we are going to review their changes, revise as needed and reissue.
We just got word from the RRC and they are revoking their plats. I think they are lucky they aren't getting fined or anything, but we are going to review their changes, revise as needed and reissue.
Before you agree to review their changes, revise & reissue, a definite understanding must be in place.?ÿ They perpetuated a fraud/forgery.?ÿ You are being generous, I'd fire the client!
?ÿ
@gary_g?ÿ
I'm sure that they could just white-out that note, and have their way with the plan
@gary_g?ÿ
I agree that recording the survey would prevent this, as long as it's not the client doing the recording, after he makes his edits.
But not all surveys get recorded, some are just for the building/planning & code enforcement
Well plat?
For an oil and gas well?
Don't know about Texas but the well plats I do have changed drastically over the years. They used to be done on mylar, 8-1/2x14, then they changed to paper and 8-1/2x11, now they are paperless. So, they are scanned and made into a PDF.
Make them an un-editable version and that's some protection.?ÿ
I don't file my well plats, that's done by the client during their application process, and they will ask for a change sometimes. It might be a name change or a status change. If they are changing it invalidates their application and will cause penalties to occur.?ÿ
Are they still filing paper/mylar documents?
