One of the students from a class I did at the Four Corners Conference sent a really interesting court case.
Cornforth v. Larsen
This case has some interesting aspects.
Am wondering if it is a matter of every day procedure for all the Colorado surveyors to put the Statute of Repose statement on all your maps?
If you are in CO and do not put that statement on your maps, why not?
Are there other states where you need to put similar statements on your maps in order for the Statutes of Liability or Repose to apply?
Larry P
Hi Larry-
I have been registered in Colorado for 10 years, and have always placed this note on all Surveys I sign pursuant to the printed Board Of Registration regulations. Thanks for posting the link- interesting case.
Chuck
Here is what I could find for Texas under the CIVIL PRACTICE AND REMEDIES CODE
TITLE 2. TRIAL, JUDGMENT, AND APPEAL
SUBTITLE B. TRIAL MATTERSCHAPTER 16. LIMITATIONSSUBCHAPTER A. LIMITATIONS OF PERSONAL ACTIONS
Sec. 16.011. SURVEYORS. (a) A person must bring suit for damages arising from an injury or loss caused by an error in a survey conducted by a registered public surveyor or a licensed state land surveyor:(1) not later than 10 years after the date the survey is completed if the survey is completed on or after September 1, 1989; or(2) not later than September 1, 1991, or 10 years after the date the survey was completed, whichever is later, if the survey was completed before September 1, 1989.(b) If the claimant presents a written claim for damages to the surveyor during the 10-year limitations period, the period is extended for two years from the date the claim is presented.(c) This section is a statute of repose and is independent of any other limitations period.
Added by Acts 1989, 71st Leg., ch. 1233, Sec. 1, eff. Sept. 1, 1989. Amended by Acts 2001, 77th Leg., ch. 1173, Sec. 1, eff. Sept. 1, 2001.
No mention of needing to be on the survey plat.
Cy
