Does anyone know if there is a way to un-sign and seal a survey? I know if you make a mistake, you can fix the error and reissue a new signed and sealed survey. But does that invalidate the previously signed and sealed survey, legally speaking? Another scenario that I could think of is, say someone did not pay for their survey. Can you revoke your signature and seal after the fact rendering it null and void? If so, how? File an affidavit? Something else?
The Bow Tie Surveyor
🙂
Issue a corrected survey and make sure client acknowledges it.
Go after him in Small Claims Court for non-payment.
John Harmon
> Does anyone know if there is a way to un-sign and seal a survey? I know if you make a mistake, you can fix the error and reissue a new signed and sealed survey. But does that invalidate the previously signed and sealed survey, legally speaking? Another scenario that I could think of is, say someone did not pay for their survey. Can you revoke your signature and seal after the fact rendering it null and void? If so, how? File an affidavit? Something else?
>
> The Bow Tie Surveyor
In a word, no.
You can and should issue a corrected survey if you made technical errors or discovered additional evidence.
Whether or not you were paid for the work should have no bearing on your professional opinion.
Larry P
MA Registry of Deeds requires a 3.5" square box for references. If you have a need to make a revision, you simply record a statement and reference the statement in this box.
In MA, we can put a lien on the property as one method to collect payment.
There are two or more instances of the surveyors' signature required on each plan; one of which is the certification that the plan was completed in accordance with the registry standards. I simply do not sign this statement until the balance is settled or I am reasonably sure the payment will be made. Can't record a plan without that signature.
Probably not.
I do have a "PRELIMINARY" stamp that winds up on the signature line sometimes. If payment isn't forthcoming, I can always go dig the pins up (I never have).
To me the payment arrangements are at least as important as the delivery of the survey.
No ticky, no laundry. Surveying 101.
I suppose you can also record an affidavit in addition to the corrected survey.
That puts in the public record, even if the survey itself is not.
For what it's worth as a story. Many years ago a survey firm working on a large land development project in Colorado, had problems getting paid.
The facts may not all be correct, for others to research.
The surveys involved years of work and muliplle subdivision plsts
Ater a few years they were not being paid.
And so they went to the counties and asked to have their seal revoked.
Fine.
Fast forward a few seconds.
The 'client' refiled all the plats with another surveyor.
As I recall a very complex case. The end result was that the courts were not favorable to the original surveyor and ruled that his revocation nullified his clients obligation to him.
In the end of a comples case. The revokation got him nothing. The plats were refiled under other surveys seal and the courts did not seem to care. His contract with client was still there and in the end it all cost the righteous surveyor nothing less than his business and career.
When he revoked his seal, all bets were off.
I think it cost the man nis business. There were court decisions on this not just court decisoons
So in my folklote... not a good idea.
I was wondering about something like that. I thought if you, in essence, took your product back, or somehow rendered it useless, if you would have as good of a case, or if the courts might look at it as some kind of settlement or mitigation of the damages of not getting paid. Whereas if the client got the product, you have a right to sue for full value of the delivered product and probably your court costs.
You already did all of the work, I would think it best to go after the payment. Do more work to try to undo what you have done doesn't really negate the fact that you spent those days or weeks or even months of work.
In a Word
No.
But, you can release ANOTHER plat, called an AMENDED SURVEY PLAT, which states it supersedes the previous one, and says why, etc.
Monuments were not set the same as shown on the prev plat, dated___________.
Plat was amended, to show______________.
Whatever you want. Record BOTH of them, so there is a RECORD and continuity.
N
"If payment isn't forthcoming, I can always go dig the pins up (I never have)."
The Arizona Board says removing monuments is not allowable...
I know of one subdivision done in the early 70's, Cottonwood Shores, where the original surveyor recorded an affidavit disavowing any of the work he'd done on it, likely because he wasn't getting paid because he also filed a mechanic's lien. Another surveyor stepped in and completed the subdivision. The following surveyor didn't pull or apparently even do a thorough check of the first's work and completed the subdivision. There's a 10' shift east to west between the work of the two. A real mess. I dread the place.
Just because I'm paranoid, doesn't mean they aren't out to get me.
Jim
Remind me not to ever do that in AZ. 😉