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RADAR
(@dougie)
Posts: 7889
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Topic starter
 

Curious as to what the good people of this board think about this note:

THIS SURVEY WAS PREPARED FOR THE EXCLUSIVE USE OF THE CLIENT NAMED HEREON, ONLY FOR THE PURPOSE FOR WHICH IT WAS ORIGINALLY INTENDED. ITS USE DOES NOT EXTEND TO AND IS NOT AUTHORIZED FOR USE BY ANY UNNAMED PERSON OR PERSONS. THIS SURVEY IS NOT TRANSFERABLE TO ANY OTHER PARTY WITHOUT THE EXPRESS PERMISSION AND RECERTIFICARTION BY THIS SURVEYOR TO ANOTHER PARTY.

 

TIA

Dougie

 
Posted : July 20, 2023 12:08 pm
chris-bouffard
(@chris-bouffard)
Posts: 1464
Member Debater
 

This is substantially the same as the disclaimer that I use.

 
Posted : July 20, 2023 12:58 pm
hi-staker
(@hi-staker)
Posts: 377
Member Debater
 

Recockulous.


GIF

Especially if the survey is publicly filed.  Our loyalties are to the boundaries, not individual clients.  Anyone ever heard of protecting and serving the public!? 

 
Posted : July 20, 2023 2:27 pm
Norman_Oklahoma
(@norman-oklahoma)
Posts: 7810
Member Debater
 

Ar thu speling misteaks in the uhrijanal?

The author's financial liability is probably limited in this way, with or without the disclaimer. But his professional obligations are not. 

 
Posted : July 20, 2023 3:42 pm
Gordon Svedberg
(@gordon-svedberg)
Posts: 626
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Ah yes,  the Elusive Recertificartion.

 
Posted : July 20, 2023 3:52 pm

lurker
(@lurker)
Posts: 966
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I don't think it accomplishes what he thinks it does. I don't believe his exposure to liability is changed with or without the disclaimer.

 
Posted : July 20, 2023 4:15 pm
not-my-real-name
(@not-my-real-name)
Posts: 1104
Supporter Debater
 

Is farcation when you go on vacation somewhere far away?

Historic boundaries and conservation efforts.

 
Posted : July 20, 2023 4:17 pm
RADAR
(@dougie)
Posts: 7889
Member
Topic starter
 

@norman-oklahoma 


GIF
 
Posted : July 20, 2023 4:28 pm
MightyMoe
(@mightymoe)
Posts: 10032
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The ALTAfication of the surveying profession right there. 

 
Posted : July 20, 2023 4:47 pm
Bruce Small
(@bruce-small)
Posts: 1521
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I have never used a disclaimer and never will. Check your work carefully and you don't need one.

 
Posted : July 20, 2023 6:34 pm

bill93
(@bill93)
Posts: 9880
Member Debater
 

IT'S USE DOES NOT

"Its use" ...  no apostrophe on the possessive, like his and hers. "It's" is a contraction for "it is"

 
Posted : July 20, 2023 8:24 pm
chris-bouffard
(@chris-bouffard)
Posts: 1464
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@hi-staker our loyalties first and foremost are to our clients who pay for out professional services.  Unless we are engaged in a government contract, we do not survey for the public at large.

 
Posted : July 22, 2023 12:20 pm
FL/GA PLS
(@flga-pls)
Posts: 7403
Member
 

Apparently I'm more stupider than I thought because nowhere that I can see does it mention anything regarding the quality of the work performed. Seems to me he's simply trying to protect his financial interest.  

 
Posted : July 22, 2023 2:24 pm
fairbanksls
(@fairbanksls)
Posts: 824
Member
 

Let’s face it, the harsh reality is surveyors are sued because of their deep pockets.  Wait until they find out what plumbers charge.

 
Posted : July 22, 2023 2:51 pm
not-my-real-name
(@not-my-real-name)
Posts: 1104
Supporter Debater
 

The surveys I perform are of existing historical boundaries. It is not mandatory to record the maps unless the land is being subdivided, however I encourage my clients to do so. It helps others to know that a boundary has been surveyed, and where to look for the marks. I can't see how that would be a bad thing. If you want the results of a survey to be private then don't publish it.   

Historic boundaries and conservation efforts.

 
Posted : July 22, 2023 6:03 pm

not-my-real-name
(@not-my-real-name)
Posts: 1104
Supporter Debater
 
Don't do it

Historic boundaries and conservation efforts.

 
Posted : July 22, 2023 6:09 pm
rover83
(@rover83)
Posts: 2346
Member
 

@hi-staker our loyalties first and foremost are to our clients who pay for out professional services.  Unless we are engaged in a government contract, we do not survey for the public at large.

That's...not how professional responsibilty works.

When protection of the public and our client's interests are at odds, our first responsibility is to the public, not our client. Government contract or not, we don't get to place our clients above the public. We're not attorneys and may not advocates for our clients, at least with respect to our services covered under our license.

And so what if they are paying me? Of the (very few) things that might induce loyalty from me, money is not (and never will be) on the list.

It doesn't mean that we cannot protect ourselves with a disclaimer, but in my experience those disclaimers are more to keep future users from attempting to recycle information that is likely to change in the future (improvements, topographic data, non-boundary type info), and don't serve much purpose other than to say "I told you so" if and when they rely upon them and get burned. Doesn't excuse us from meeting minumum standards when recording, and I don't think that is the aim in the OP.

 

 
Posted : July 23, 2023 8:29 am
hi-staker
(@hi-staker)
Posts: 377
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@chris-bouffard I guess that means you will place the boundary in my favor if I am paying the bill.  

My loyalty is to the footsteps of the original surveyor. If that means my client "loses" land they thought they might have owned, so be it.

Thank God I live in a recording state that also codified protection of the public by surveyors.

 
Posted : July 23, 2023 9:24 am
pythagoras
(@pythagoras)
Posts: 8
Member
 

I see something similar on the plats of several surveyors around here also. Hard to imagine what it accomplishes. It’s not going to protect the surveyor from a lawsuit if his negligent error causes loss to a neighbor or to a successor of the client. It would be like a doctor trying to claim his patient’s family can’t sue him after he kills the patient because his services were intended only for the use of the patient.

 
Posted : July 23, 2023 9:32 am
pythagoras
(@pythagoras)
Posts: 8
Member
 

Btw one of the surveyors I spotted using that also uses this:

BOUNDARY LINES SHOWN AND CORNERS SET REPRESENT DEED LOCATIONS; OWNERSHIP LINES MAY VARY. NO GUARANTEE OF OWNERSHIP IS EXPRESSED OR IMPLIED.

I wonder if the client is aware when he hires this person that no guarantee of ownership is going to be implied by the stakes that will be set around his property.

 
Posted : July 23, 2023 9:46 am

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