While performing a survey for a common client you discover there is an issue involving the location of a fence.?ÿ The client needs to finalize the sale of the surveyed property in order to be able to close on the property the client is purchasing somewhere else.?ÿ The client begs you to find a means to avoid showing this problem.?ÿ Perhaps an extra $XXXX is even offered, on the spot, to convince you to pretend the fence issue does not exist.
What do you do?
Depending on the state, some may not require showing fence lines on a survey. If yours does, maybe the transaction will go through before you record your survey. In any case, it is not incumbent on you to run?ÿ
Simple. Charge the additional cost to fix the problem (there are lots of ways to accomplish it). Once it's fixed, finish your survey.?ÿ No problem exists.?ÿ?ÿ
A simple affidavit may be all that's necessary.?ÿ Document it.?ÿ Record it.?ÿ Done.?ÿ If it gets more complex, the cost of repair goes up.?ÿ?ÿ
Get paid to do the hard stuff!
JBS
to the purchaser to tell them the problem. I wish more buyers would insist on having the corners markers found or reset and clearly identified. Then insist on any results or known defects in the Disclosures. Now the seller is responsible.?ÿ
The half of this site??s posters that think Surveyor A will falsify his personnel survey to better his property's boundary, think Surveyor A will pocket the money and turn the fence layer (oops) off. The other half of this site??s posters that think Surveyor A would probably be harder on himself over boundary issues for his personnel property surveys, think that there is no way Surveyor A would accept a bribe to falsify a survey; and probably request his client to find another surveyor.
...is this rhetorical?
?ÿ
I'm all for solving problems for my clients, but "solve" does not equal "sweep under the rug".
I'm trying to imagine a scenario in which I could satisfy professional ethical and statutory requirements but also remove a relevant item from a survey, before that item has been addressed. I'm coming up empty.
This is a theoretical situation.
Insert any circumstance that, if known, might hamper the sale of a property.?ÿ As JB mentioned, there are remedies.?ÿ However, remedies take time and sometimes require blessings by other parties (current lender and buyer's lender, for example).?ÿ One remedy might be a lot split and some portion of a lot be deeded to someone else.?ÿ In some locations that would require a replat of the two affected lots or a lot line adjustment.?ÿ Such remedies require actions by others who are in no hurry to approve such actions.
The client, who is in a hurry, may tell the surveyor to write a description for the area of concern, thinking he can simply put that on a deed and give it to his neighbor.?ÿ No fuss.?ÿ No muss.?ÿ Sorry, Charlie.?ÿ That ain't how the world turns anymore.
This is a theoretical situation.
Insert any circumstance that, if known, might hamper the sale of a property.?ÿ As JB mentioned, there are remedies.?ÿ However, remedies take time and sometimes require blessings by other parties (current lender and buyer's lender, for example).?ÿ One remedy might be a lot split and some portion of a lot be deeded to someone else.?ÿ In some locations that would require a replat of the two affected lots or a lot line adjustment.?ÿ Such remedies require actions by others who are in no hurry to approve such actions.
The client, who is in a hurry, may tell the surveyor to write a description for the area of concern, thinking he can simply put that on a deed and give it to his neighbor.?ÿ No fuss.?ÿ No muss.?ÿ Sorry, Charlie.?ÿ That ain't how the world turns anymore.
One of those ethical dilemma questions, there's only room on the lifeboat for your wife or your daughter, which do you push in.?ÿ
I'd do what JB says, the fence is old, I know a fencer that charges very little to remove a fence and I've worked with him for 30+ years, I'd call him, problem solved (with the blessings of the neighbor).?ÿ
I'd bow out before removing the fence from my survey. Not worth it to get embroiled with sketchy clients.
Better call Saul. I can help find a solution but I can??t be a party to malfeasance.
You folks just don??t get it. Your legal responsibility is to record a survey if required. That may take time. In the meantime, it is not your responsibility to go running to the buyer - you may not even know who it is. It is the seller??s responsibility to disclose all defects.
The client, who is in a hurry, may tell the surveyor to write a description for the area of concern, thinking he can simply put that on a deed and give it to his neighbor.?ÿ No fuss.?ÿ No muss.?ÿ Sorry, Charlie.?ÿ That ain't how the world turns anymore.
In my home county, there was an older retired real estate agent who just didn't want to understand "That ain't how the world turns anymore." with regard to local subdivision ordinances.?ÿ He had gotten used to just splitting off an acre here and an acre there anytime he felt like it for many decades and just didn't want to hear that for over ten years of enacted regulations that was no longer possible.
