make the following statement: When I performed an accurate survey and stakeout of the exact location of the driveway in relation to the legally-described Easement....
Why do I have a problem with the word "exact"??ÿ?ÿ
Nope.?ÿ I've never measured anything "exact" in my life.
Not I...
"exact"??ÿ?ÿ
"accurate"
I didn??t read Bill??s paper, but IMHO, the words accurate and exact unnecessary, we all try to be accurate and exact is open to interpretation, you could edit in the ??standard of care? phrase. Good Luck!
Just incorporate Axiom #6 from the Buckner paper posted by @dougie so that your statement reads something like:
When I performed an accurate survey and stakeout of the exact location of the driveway in relation to the legally-described Easement I found that "Absolute certainty is impossible in the real world. Certainty is delusion; whereas uncertainty is reality."
Then you won't have to worry about that client anymore. 🙂
"The driveway is located within the limits of the existing easement as shown on accompanying drawing."
Surveying is an inexact science. My standard agreement contains the stipulation that "the client expressly agrees that surveying is an inexact science"
I've encountered too many people who learn that my measurements are not exact and believe that means I am incompetent
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Declaring something so definitely would make me uncomfortable as well.?ÿ It doesn't come up that often, but I have had occasion to sit with a client and explain to them that sometimes adding a disclaimer, or verbiage which allows for later consideration and possible correction, is sometimes more constructive.
Buckner should be required reading for all surveyors. I had the privilege of attending one of his seminars long ago as a young surveyor, he really opened my eyes to the fact that my equipment is not nearly as important as my procedures.
"The driveway is located within the limits of the existing easement as shown on accompanying drawing."
We should be aware that words like "all" and "exact" should be used he greatest of care, if at all, for legal reasons. Plus, the version of the sentence above is just better, cleaner, english usage. It's good practice to edit unnecessary modifiers out of your writing.?ÿ ?ÿ?ÿ
I have always heard it explained like this but not in relation to surveying.
There are exactly 3 apples sitting on the table. Using my precise scales, I have determined that the three apples together weigh precisely x.xx pounds.
Two completely different terms.
There's definitely some concern with that wording.?ÿ Especially because you have to wonder why they want you to say it, as opposed to something like what A Harris wrote above.
We dug up an upright but shattered sandstone set as a section corner in 1900.?ÿ ?ÿNo matter what exact (got it?) point I choose as being the center, another surveyor could argue it is really two inches that away and and an inch and quarter perpendicularly to the "true" location.?ÿ The record dimensions were 7" x 6" x 27".?ÿ As usual, that really meant about 9" x 8" on top as in this area they usually called them a bit smaller than what we find.?ÿ Maybe they grow over the decades. 😉 😉
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The top of the stone was over 30 inches deep due to fill having been added to level out the road a bit.?ÿ ?ÿThis was on a county line, so get to file the corner record with the state and both counties.?ÿ The stone was set in a team effort in 1900 by the County Engineer/Surveyor of both counties.?ÿ It was within six inches east-west and 30 inches north-south of being at the midpoint of stones that were used in 1900 that were one mile to the north and one mile to the south of this one per 2020 GPS magic.?ÿ Each mile, however, was found to be 80.68 chains in 1900 instead of the perfect 80 chains reported by the Government contractor in 1865.
@dougie Thank you for that. This should be required reading for everyone on this forum at least. I've forwarded it to my daughter who works in a completely different industry.
The statement came from a Declaration by another surveyor which I was asked to review by opposing counsel. It was apparent to me early on the the document was written by an attorney and put in front of the surveyor to sign. Don't ever do that people.
written by an attorney and put in front of the surveyor to sign
I would never sign something like that.
Should a surveyor that signs something like that; answer to the board? Maybe...