Nearly every Texas RPLS does a title survey at some point and has there standard notes etc. I have a standard note that says "there may be easements and or improvements not shown hereon" . This is not an untrue statement; there may be!?ÿ
We are all relying on a title commitment for the recorded easements. And I have found easements in my research before that were not not listed in the commitment which was an error on the part of the title company, though it is rare.?ÿ Also what is an improvement? A buried septic tank long forgotten that was left after a mobile home was moved and the lot is grown up is an improvement, a temporary electric fence crossing the property is an improvement, so is a culvert under the driveway, unknown buried pipelines that have no easement are improvements, planted pecan trees are also improvements of a different type etc. Therefore I show the known easements that can be shown and the improvements that are pertinent to the survey, house, buildings, wells, meters, power lines, waterlines and buried lines if I can tell where they are at etc.
How many of you have some type of note like mine? Do you mind sharing? do you get any flack from title companies?
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Not statement or disclaimer that will lessen the requirements that the Texas BOR has set in place.
All that is required in Texas is your signature and stamped seal. (I've heard that digital seals are now approved)
That is your certification and it is expected that you have done everything necessary on the ground, in the air and in the office to provide a complete survey.
It is well understood that when there is no recorded, visible and other unknowns on the property and that no one has identified and shown to the surveyor, it will not affect your performance as a surveyor.
I do not use any disclaimer.
Maybe I should have worded it as statement and not disclaimer.?ÿ?ÿ
It bothers me to think that someone may dig into a buried gas or fiber optic line etc for which there is no evidence of such line and I didn't show whether required or not.
This plat is a result of a survey performed on the ground under my direct supervision all visible ?ÿeasements and encroachments are shown hereon. Key word being visible.?ÿ
We very rarely receive the title commitment, and charge extra to review if requested.?ÿ
Having trouble editing my last post. The first paragraph is basically what our certification says.?ÿ
Ive seen other folks that have a statement that says all utilities shown or others not shown should be located by an 811 prior to the landowner, contractor or others before excavation.
In regards to statements, notes or certification you shouldn??t be just worried about meeting board minimum standards. Just because your survey meets minimum standards doesn??t mean a landowner, attorney or title company won??t try to take you to the cleaners and even if you are right it will still cost you money to defend yourself. Sometimes a note or statement keeps the ambulance chasers away.
My cert is similar to?ÿ yours I also have a section on my plats where I describe my caps, zone etc. and have the above statement that there may be easements and or improvements not shown hereon. This is only for the purpose as you said to try and prevent some frivolous action against me. We all know that even if we win a frivolous suit we have really lost both time and some amount of money in the end.
