Another Question
I went out to start the fieldwork on a project a couple weeks ago and while I was out there I found out the neighbor actually had a survey done on his property 12-18 months ago. Pins were set for that survey including on the line common with my client, which I tied, but it has yet to be recorded.
I contacted the surveyor a couple days later to inquire about the status of the survey, because it’s well outside of the recording window at this point. It seems there were some family emergencies and other things going on but the surveyor remembered the project and said they’d try to fast track recording the survey.
It’s been a couple weeks now and I haven’t heard a peep. I told my client I need to wait for this survey to be recorded so I can reference it on my survey and so far he’s been OK with the delay. I would like to get everything wrapped up sooner rather than later though, so I’m kinda wondering what to do next.
Has anyone here run into something like this before? If so, what did you do? I’d rather not record a survey that holds recently set but unrecorded monuments if possible, and I’d rather not rat the person out to the board. The whole situation is new to me.
- 9 Replies
Next, you contact that other surveyor and ask what’s up. If he isn’t doing anything you hint that you may be forced to report the situation to the state board (that is the nuclear option – don’t do it unless his response is completely unacceptable).
It is not that big of a deal to show pins on a survey without a survey record to match them. That is the normal daily way of life in 35 states.
They should send you one, via email, a PDF.
If not, enquire of their client. Occasionally, the client has done something, that slows things, such as: family matters, and revisions, did not pay, or has other affairs going on.
N
I’d rather not record a survey that holds recently set but unrecorded monuments if possible,
I’ve seen it happen a handful of times in recording states, and many times (all the time) in non-recording states.
I’ve also been part of the office team that screwed up and did not file an ROS within the specified time limit. 99% of the time we had it all ready to go and just forgot to go physically drop it off, so all we had to do was send someone down to the county recording office and we’d have a recording number and a conformed copy to send the other surveyor by close of business.
Which is why I’m surprised that they haven’t gotten back to you after weeks. That’s a bit sketchy to me. I would agree that one more time contacting them is a good idea. Don’t know if it’s written into statute where you are, but in WA failing to report known violations to the Board is technically in itself a violation…but it’s still the last-resort option.
Strictly speaking, the difference between a pre-Recording Act survey and a post-Recording Act survey is that one surveyor was required to file a record of survey and the other wasn’t. Reliance upon monumentation is not contingent upon it being referenced in a filed ROS, even if it should have been. Unless there appears to be some gross discrepancy with the remainder of the parcel record, I’d be comfortable with holding the set monuments.
“…people will come to love their oppression, to adore the technologies that undo their capacities to think.” -Neil PostmanWhether the survey is recorded or not shouldn’t impact your survey. The pins either fit or they don’t. I’m assuming they do since you didn’t mention a problem with them. Complete your survey, there is no need to wait on the other survey to be recorded.
I would refresh yourself on the state statutes regarding this situation and follow them. I’ve ran into this before as well and might of even been guilty of it myself a time or two. Sometimes things get forgotten and when notified the responsible party should take measures to address the lack of recording and move on.
Here it was kind of a pain to get the surveys to the courthouse for filing when you get really busy and some folks didn’t really pay much attention to the deadline anyway. Heck years ago a lot of guys refused to file them period. Now they have developed an electronic filing site where we just enter some information about the survey, lot, block, section and quarter. Also the surveyor and reg. no. and then attach a pdf of the survey and poof, filed. Makes it so easy that its just the last step to the project. No reason to delay. It also really helps the folks at the courthouse because the surveys just about file themselves into the plat finder app.
Now the guys at the courthouse get crabby because nobody stops in to visit anymore. All research and filing is now done on line. Pretty sweet.
Mike
Your mileage may vary, BUT, even in recording states, not all surveys must be recorded at all, let alone within a certain period of time. The monuments you have found are valid. Referencing a specific recorded document is not required. You may add whatever note you feel is appropriate, such as, “Found 3/4″ bar capped and identified as ABC CO/PS #94562” If not capped, then you can simply report it as being found and being from an unrecorded survey by ABC CO in July 2022.
They should send you one, via email, a PDF.
If not, enquire of their client. Occasionally, the client has done something, that slows things, such as: family matters, and revisions, did not pay, or has other affairs going on.
N
Yeah, I mentioned to my client that sometimes it’s the client that is doing something to hold things up. When I talked to the other surveyor though they basically acknowledged it was their own fault.
I haven’t talked to that neighbor yet but I think he hasn’t made a stink about it because all he wanted to do was build a fence and since the pins were in place he was able to go ahead and do that. I’ll have a chat with him this weekend when I’m out there.
Lastly, I would like to see this survey before I record mine because the pins I’ve found so far aren’t hitting my calc points by a couple feet in the north/south direction. I think I know where the problem is but I would like to see this other survey to help confirm it. Also, I think one of the pins this other surveyor set might be a witness corner (set west of the corner) which is something I’d like to confirm via their survey as well.
Maybe you can get the other surveyor to email a pdf to you.
Maybe you can get the other surveyor to give you permission to record it too?
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