Drawing lines on a map is not surveying.?ÿ If they are not creating or retracing lines on the ground, they are not surveying.
They are providing opinions about the underlying documents and the property boudaries. When you sell a boundary opinion you are surveying by the definition in many states.?ÿ
Drawing lines on a map is not surveying.?ÿ If they are not creating or retracing lines on the ground, they are not surveying.
I think that is the main problem, they are showing where the Boundary is by the Deed, but doing no ground work, and the Bank is treating that like a Survey to get the information they want.?ÿ
Drawing lines on a map is not surveying.?ÿ If they are not creating or retracing lines on the ground, they are not surveying.
I think that is the main problem, they are showing where the Boundary is by the Deed, but doing no ground work, and the Bank is treating that like a Survey to get the information they want.?ÿ
I'm not sure what difference it makes how the bank is treating this product.?ÿ Deed plots are not surveys.?ÿ If the bank wants to assume the liability for this, let them.
Read the definition of Surveying in Mississippi. This practice clearly fits. The only question is will the courts allow the definition to stand...
Drawing lines on a map is not surveying.?ÿ If they are not creating or retracing lines on the ground, they are not surveying.
I think that is the main problem, they are showing where the Boundary is by the Deed, but doing no ground work, and the Bank is treating that like a Survey to get the information they want.?ÿ
I'm not sure what difference it makes how the bank is treating this product.?ÿ Deed plots are not surveys.?ÿ If the bank wants to assume the liability for this, let them.
What do you feel about someone who uses the County GIS to determine if their neighbors new bulkhead is on their property?
Do I think plotting a deed on an aerial is survey, I do if it used in a business transaction and the Bank is getting something of value that helps it define its Boundary.
Mr. Young states "I'm not sure what difference it makes how the bank is treating this product. Deed plots are not surveys. If the bank wants to assume the liability for this, let them."
The fact is that the bank does not assume the liability. The borrower assumes the liability.
Banks don't give a rats a$$ if the boundary is shown right or not - close most of the time is good enough. Banks are using this tool to assess the likelihood that their collateral has value. To them it's a statistics game. You win a few and you lose a few and as long as you win enough to turn a profit then things are good.
It's a different story if you are John Q. Public purchasing a single piece of property that you'll spend the next 30 years paying off.
We regularly hear people say something like "I thought the survey was good because the bank (or city or ...) accepted it". Very few people understand the potential implactions of boundary problems. Heck... the reporter even thinks that this is reliable boundary mapping "Many banks lend money to facilitate real-estate acquisition, and, in this way, the bank can gain a better sense of precisely where this land is in relation to other property." (my emphasis added)
Banks and realtors want a fast and troublefree transaction - don't find problems - it slows down commerce. The purchaser is the one holding the bag when things go south - they are the ones who agree to pay the bank.
This activity falls under the definition of surveying in most jurisdictions and it ought to be - the public doesn't know whether this information/product is good or not. 30 years of payments may be going towards a problematic property. This is EXACTLY the type of activity that should be regulated to protect the public.
What do you feel about someone who uses the County GIS to determine if their neighbors new bulkhead is on their property?
They are making a mistake but they are not surveying.?ÿ
Banks don't take risks. If they are loaning more than 80% then the borrower pays for PMI which will cover the gap if the borrower defaults. At 80% or less they figure the borrower is unlikely to default or if they do they can sell the property for the amount owed. Investment property has higher interest and lower loan amounts (perhaps on the theory you are less likely to default on your residence than your tenant's residence).
The surveyor is to protect the public interest.?ÿ The Bank is not protecting the public interest.?ÿ End of story.?ÿ
Aliquot,
Except under the Mississippi definition they are...
Am I to understand that some posters are arguing that the bank does not assume any liability if the property goes into foreclosure and the house is not entirely on the lot?
RPLS# - please keep us updated on this.
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The work described is deemed Land Surveying in Arizona...
Aliquot,
Except under the Mississippi definition they are...
Not the way I read it.?ÿ?ÿ
"The practice of "surveying," within the meaning and intent of
Sections 73-13-71 through 73-13-105, shall mean providing professional services
such as..."
Aliquot,
Except under the Mississippi definition they are...
Not the way I read it?ÿ?ÿ
"The practice of "surveying," within the meaning and intent of
Sections 73-13-71 through 73-13-105, shall mean providing professional services
such as..."
If you go on down, you hit this phrase:
interpreting reliable scientific measurement and information
Pretty sure that's not what they're doing.
The Mississippi definition is not very well written?ÿ?ÿit gives a very broad definition and then says, "and in particular,
the retracement of or the creating of land boundaries and descriptions of real property." What is the legal significance in the difference between what falls under the general description and the particular definition? If they both describe the practice of land surveying what is the significance of saying "in particular"??ÿ
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If you go on down, you hit this phrase:
interpreting reliable scientific measurement and information
Pretty sure that's not what they're doing.
Just to be clear I was referring to the neighbor, but you are right, neither the neighbor or Vizaline are?ÿinterpreting reliable scientific measurement and information.?ÿ
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If you go on down, you hit this phrase:
interpreting reliable scientific measurement and information
Pretty sure that's not what they're doing.
Just to be clear I was referring to the neighbor, but you are right, neither the neighbor or Vizaline are?ÿinterpreting reliable scientific measurement and information.?ÿ
If they are getting the bearing and distance from a Survey done by a License Surveyor, the yes they are interpreting reliable scientific measurements and information. One could even argue their computer program is scientific program.?ÿ ?ÿ?ÿ
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If they are getting the bearing and distance from a Survey done by a License Surveyor, the yes they are interpreting reliable scientific measurements and information. One could even argue their computer program is scientific program.?ÿ ?ÿ?ÿ
It sounds like they are getting the metes and bounds from the deeds, which may, or, more often, may not be written by a surveyor.?ÿ
I really don't know if what?ÿVizaline is doing should be classified as surveying because of the confusing language in the Mississippi statute. I just got into this conversation to comment on the hypothetical neighbor helping out.?ÿFrom a theoretical point of view I am not sure either.?ÿ It does damage the public if the maps are actually proclaiming to show the precise location of boundaries, or if the public, like the author of the article,?ÿ believe they do,but if everyone is clear on what the maps are, I find it hard to justify the requirement of a professional licence to compile existing information using GIS.?ÿ
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