Person who is not a current registered surveyor uses the subdivision plat and metal detector to find his friend's lot corner monuments.
This person is a registered surveyor in other states, and was formerly registered in this state.
If it looks like a duck, walks like a duck, quacks like a duck, smells like a duck and tries to screw other ducks..................it's a duck.
I don't disagree. But could the homeowner use the plat and metal detector herself to look for the corner monuments? Is that land surveying?
What if a different friend, who worked surveying while in college 20-30 years ago, and is familiar with what we do, could he do it for her? If he didn't charge her, is that land surveying?
Each State/Province/Etc. should have statutes that are relatively clear to answer that question.
I consider it to be a professional service covered by the statutes here. Being able to punish someone who is not licensed is an entirely different challenge, like collecting a debt awarded to you by a judge in small claims court.
I actually don't find them to be very clear. And I don't think that there's anything that prevents a landowner from looking for his/her own lot corners, using public records or any sort of equipment.
I was just looking for opinions on where the line between a landowner's right and illegal surveying fall.
The simple behavior you described should never be subjected to a penalty from a governmental/ quasi governmental agency. Every individual should be able to do what you described at any time and place without having to get a professional license. Giving a professional opinion on those corners is a completely different story.
This situation is akin to giving medical advice when you are not a doctor; we've all done it. How about the guy that has his neighbor cut his hair because his barber is out of town or closed due to pandemic? What about the guy who buys and sells vehicles as a side gig and is not licensed to do so??ÿ Sometimes we trust our friends opinion more than the professional down the street because that guy was rude to you when you tried to get a hold of them.?ÿ Sometimes we trust our friends because, they are out friends.?ÿ
There is probably more to the story but walk away from this one.?ÿ
What about the licensed land surveyor who operates from an offshore location six months a year, signing and stamping survey maps? Can they be in responsible charge if they were not even in the country while the surveying was being done??ÿ ?ÿ
If the boundary markers aren't there for "lay people" to use, then why do we bother setting them???ÿ No, this is not "land surveying".?ÿ Granted, they could have been moved, I guess.?ÿ But that rarely happens, IMHO. ?ÿ
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Andy?ÿ
Isn't the purpose of a certified plat to help owners locate their corners? What if the subdivision is old and the use of a metal detector is needed to help locate the corners? Would there be a difference if the owner did this himself/herself or if it was done by the help of a surveyor friend? I don't see an issue here as long as a new plat wasn't certified as a product of this retracement.
Charging for the service or setting monuments would be over the line.?ÿ But finding what the owner might have been able to find themselves if they knew what they were doing, no.
Nothing is being certified or created, just helping someone locate an existing corner? I don't think so. But at the end of the day it's the?ÿ BOR's call and they have no authority over someone who isn't licensed. All they can do is write them a strongly worded cease and desist letter. As long as they aren't commercially offering their services to the public, I'd tend towards thinking it's something of a nothing burger.?ÿ
Just because I'm paranoid, doesn't mean they aren't out to get me.
If the boundary markers aren't there for "lay people" to use, then why do we bother setting them??
Exactly.
In WA the practice of land surveying is defined as "assuming responsible charge of the surveying of land for the...locating of...monuments of land after they have been established...when the proper performance of such services requires technical knowledge and skill."
Using a metal detector (easily available to laypersons) and a publicly available subdivision map to recover monuments likely does not rise to the standard of "assuming responsible charge" of "surveying services", nor using "technical knowledge and skill". Interpreting distances on a map and listening to the buzz of a metal detector is pretty much within the grasp of your average homeowner around here.
As long as they aren't commercially offering their services to the public,
This is where I think the line lies
It's all about the Benjamins.?ÿ
?ÿ
I was just looking for opinions on where the line between a landowner's right and illegal surveying fall.
If the 2 parties are standing in front of a judge; and one says I went out and found my corners with a copy of the plat and a metal detector; and the other guy says I hired a Professional Land Surveyor, licensed by the State and this is what they found. Who do you think is going to win? Of course, the answer will be; it depends... The chances are; no one who finds their corners in a platted subdivision, with a copy of the plat and a metal detector, will ever stand in front of a judge because of it. But then you never know who's going to catch the Covid-19.
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Answer to OP:
No.?ÿ
I didn't see the State in the OP. There are a few States where the Board has jurisdiction over unlicensed practice. Others can be deputized thtough the AG and prosecute cases.
The question at hand is, Is there anything to pursue? The person is no longer licensed. Was he retired, revoked or just expirex? Was he under a consent order or injunction? Did he just find the pins or did he mark them up and call them good?
Not enough info to give a meaningful reply...
If the boundary markers aren't there for "lay people" to use, then why do we bother setting them??...
Andy?ÿ
Exactly.
Similar question: I took an advanced study anatomy class in college. I still have all the scalpels and retractors, forceps etc....IfItakeout an appendix am I performing surgey?