It's nice when those folks respect your work, but that is not the standard for ethical behavior.
None of those individuals are licensed to protect the public. If licensed at all, they are licensed to be agents for their clients.
Attornies (sic) would be disbarred for representing themselves in court
And why is that? It would seem they could lack perspective on their own case and be better served by someone independent, but I don't see anything unethical about it.
Attorneys are allowed to represent themselves in court. I think anyone can represent themselves in court, but you have to be an attorney to represent someone else.
I'm currently going through this exact scenario.
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I'm selling my property right now. For full transparency, I provided my attorney a map I made for myself (as information). It clearly shows the boundary, monuments set/tied to....and the shed and fence that are over the line. Nothing to hide here. Everyone is happy.?ÿ
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This sounds absolutely ridiculous. What better motivation to do an outstanding job than to keep yourself out of prison?
Not to mention saving the cost of attorney fees, etc...
I'm currently going through this exact scenario.
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I'm selling my property right now. For full transparency, I provided my attorney a map I made for myself (as information). It clearly shows the boundary, monuments set/tied to....and the shed and fence that are over the line. Nothing to hide here. Everyone is happy.?ÿ
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I sold a house (built in the '30s in a platted area) in '95 that I had lived in for about 8 years.?ÿ When I purchased the place the title company supplied a mortgage inspection that appeared to show everything was copasetic, probably all measured at the front of the residence.?ÿ While living there I discovered the distance "fence to fence" in the back yard was a little over 70'...the plat reflected my lot should be 65' wide....and I had a detached garage that was only 2.5' from the fence.
That was the one property I've bought and sold for which I didn't prepare a survey.?ÿ I guess the buyer either relied on the old mortgage inspection or got a new one that showed everything was OK.?ÿ I didn't ask.
The old saying about the carpenter's house needing repairs or the mechanic's car needing fixing sure rang true on that one.?ÿ
I've surveyed all the properties I've purchased for the simple reason that I wanted to know where my corners were.?ÿ I worry more about another surveyor doing a poor job than the potential of a conflict of interest.?ÿ If forced to gamble, I almost always bet on myself.?ÿ ?ÿ
The bankers have never requested a mortgage "survey" so I didn't draw or record a plat at the time I purchased my current house.?ÿ When I get ready to sell, I will record a plat.?ÿ No doubt an attorney could argue bias if there was a conflict, but I've also seen them denigrate old men, and call young surveyors inexperienced.?ÿ Worry about the law (perhaps a call to your state board would assuage your fears) and assume an attorney is going to try to make you look incompetent no matter what you do.
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"That was the one property I've bought and sold for which I didn't prepare a survey. I guess the buyer either relied on the old mortgage inspection or got a new one that showed everything was OK. I didn't ask."
In most States, sellers (and agents) are required to document any known defects — whether current or past — to potential buyers. You could be liable if the boundary/fencing/ garage setback defect is discovered by the buyer, even years later. Given that you've posted about your subterfuge in a public forum, it'd be hard to deny. And, given that you are a licensed surveyor you might end up in trouble with the Board.
OTOH, 1995, meh, if the buyer hasn't discovered the defect by now he/she probably never will, so you're probably safe. ????
In most States, sellers (and agents) are required to document any known defects ?? ?ÿwhether current or past ?? to potential buyers.?ÿ You could be liable if the boundary/fencing/ garage setback defect is discovered by the buyer, even years later.?ÿ Given that you've posted about your subterfuge in a public forum, it'd be hard to deny.?ÿ And, given that you are a licensed surveyor you might end up in trouble with the Board.
OTOH, 1995, meh,?ÿ if the buyer hasn't discovered the defect by now he/she probably never will, so you're probably safe. ?????ÿ
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I bought the property relying upon the 'survey' furnished by the title company at the time I purchased the place.?ÿ The fences were existing when I bought the property and still there when I sold the place.?ÿ If I purchased the property in good faith relying upon their info I believe I have the right to sell the property extending that same good faith.?ÿ I never represented the fences as my boundary.?ÿ That's one reason I didn't ever even break out a pin-finder...I didn't want to know. 😉
If course I can survey my own property. ?ÿWhat??s wrong with wanting it done correctly?
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I see no reason you can't survey your own property. The first survey I ever signed was for dividing some family property with a portion going to my mother, and then a portion of that going to me, where I am currently building my house.
Now, if there were some major conflicts with the property and it involved a major encroachment or overlap, I would likely defer to someone else.?ÿ
Also, the owner of the firm I work for was the only RPLS here when I started working for him, he also has a company that buys/sells/leases real estate, he did all of the surveys for that. I really see no problem with it from an ethical stand point.
I've surveyed my property.?ÿ I don't see it as a conflict of interest, as it is my opinion of the boundary.?ÿ If the adjoiner does not like where the boundary is, they are still more then welcome to have there property surveyed.?ÿ If there is a conflict then the surveyors get together to discuss it.?ÿ No different then if I was surveying any other piece of land.
If I can't trust myself to survey my property without bias, how am I going to survey someone else's who is actually paying me?
I have no doubt most of us would survey our own property just like someone else, but I am shocked that so many don't see a problem with the appearance of?ÿ a conflict of interest.?ÿ
Of course I don't see a problem with a topo, or construction survey on your own property, but a boundary is inherently problematic.?ÿ
The potential for bias doesn't outweigh the ability to perform the best possible retracement.?ÿ During the expansion of NC-105 going west out of Boone, NC, James Hartley PLS took it upon himself to survey his property.?ÿ I believe it had been in his family for three generation.?ÿ His survey of his own lands is now the keystone for anyone trying to recreate the NCDOT right of way through a high value area.?ÿ NCDOT references Hartley's plat.
In some situations, it would harm the public if a surveyor didn't survey his own property.
