I surveyed a rural property in 2007.?ÿ Current owner emailed me asking for copy of my map.?ÿ Sent her an unsigned/unsealed pdf.?ÿ She emailed back saying attorney wants signed sealed (at date of original in 2007) copy.?ÿ She's selling the property, which she took title to in 2015, waiving updated survey at that time.?ÿ Her buyer will waive updated survey, just wants a legible stamp/signature.?ÿ Thoughts?
Thanks! SS
Is she asking the attorney from 2007 to sign his title review and provide that as well?!
Licensed Land Surveyor
Finger Lakes Region, Upstate New York
I charge for file recovery. It takes time, and I don't have a large format copy machine so there is that. Before I let anything leave my office, I review the file, field notes and make an assessment of the risk of liability and charge accordingly. I would never change anything on a map or recertify unless there was a field visit and confirmation that what you see is what is there.?ÿ I also make a determination as to if the party requesting this "service" is worthy of it or my time.?ÿ Some are just fishing for something free and I don't have for them.?ÿ I educate real estate professionals as to the importance of accurate and timely information. Some get it. But to be honest, most just disagree with my process and fee.?ÿ
That all said if my client called me because they misplaced their map and it is not recorded (not all maps need to be on record) I am happy to provide what I can. That is just good business.?ÿ?ÿ
BTW, my policy has been developed with input from my E&O insurance company. You need to understand their position.?ÿ
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Nope! If they have the original survey, use it, if not, pay to update it. If you sign/seal again, you renew your liability for free.
Just say NO!
What's to stop an unscrupulous lawyer or re from obtaining a free a free copy of a survey then, turning around and billing someone at closing ?
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Interesting...in WA an unstamped document would not be allowed. You would have to stamp it, and either sign it or mark it as preliminary or some other explanation.?ÿ
@dmyhill That is what I was thinking but even farther if the person that you are sending the map is not the client, I feel that the preliminary stamp is not acceptable. That function is for review only and nothing should be "preliminary" after 13 years.
Kind of leads you to the conclusion that maybe we shouldn't be handing them out 13 years later.
Our obligation should end at the client we did the work for.?ÿ And that shouldn't include unlimited plan copies for unlimited years.
Forgive my ignorance here but,
Isn't a stamped and dated survey plat a copywrited document,?ÿ and other than by use for the original client/purchaser(usually spelled out in some fashion ofthe legal-sleeze jargon that accompanies the documents) and or the authority under or to which it was filed any copy constitutes a violation of copywriter laws?
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My inquiring mind wants to k ow without reading this whole thread.
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Do a search of the site for "copyright".?ÿ This has been discussed a number of times.
I can't even wrap my head around how a non-recording state would work.?ÿ Isn't it just chaos??ÿ I mean why even have deeds at all??ÿ
@jph "I hereby certified that I have no knowledge of any of the conditions on the site of a survey I conducted as File #X, Dated: Y since the date of the survey."
