What would you guys provide for a court ordered survey to settle a boundary line dispute? Provide just a plat of your survey or plat and written report with findings and testimony?
Lots of documentation. Personnel, dates, photos, records, etc. Use certified copies of all records (plats and or deeds). Hell, go out and buy a brand new field book just for that job.
Lots of times that stuff just sits and never gets combed over by others...but at least you've got it.
Oh..and walk, don't run.
A contract to be signed by the party(s) responsible for payment! I found out the hard way that the court I worked for had no money, no bank account, and no responsibility for payment! Had to file a suit against the plaintiff AND defendant to get paid.
And be sure you see an actual court order and exactly what they want before you start (or sign a contract) I've been part of a "court ordered survey" for about 5 years, but I still haven't received the order spelling out exactly what I'm supposed to do or how to divide the estate. Both sides have changed attorneys multiple times. I'm still waiting.
Not one damn thing until the money for my fee is in escrow. Too many horror stories about folks never getting paid from court ordered surveys.
Agree with and operate the same as Kris.
I am currently involved in a court ordered survey now. Estimated the cost of the boundary work and had the parties put the money in escrow. Now that the commissioners have settled upon a division of the property, the parties will put into escrow the estimated cost of the division.
The way I see it, court ordered surveys are a project, same as any other, in regards to scope of service and payment.
> What would you guys provide for a court ordered survey to settle a boundary line dispute? Provide just a plat of your survey or plat and written report with findings and testimony?
I'd provide a plat that included, in addition to a detailed drawing, a full description, in words, of what I found, what I held, and how I went about calculating the corners. Also, the names of the parties and a reference to the court order. And I'd certainly want this recorded.
> And be sure you see an actual court order and exactly what they want before you start (or sign a contract) I've been part of a "court ordered survey" for about 5 years, but I still haven't received the order spelling out exactly what I'm supposed to do or how to divide the estate. Both sides have changed attorneys multiple times. I'm still waiting.
wow
> Not one damn thing until the money for my fee is in escrow. Too many horror stories about folks never getting paid from court ordered surveys.
Good advice. Very good advice.
I love this bar.
Step 1: Get a copy of the court order.
Step 2: Ask for clarification if the order is ambiguous.
Step 3: Perform the tasks required to fulfill the order.
A court ordered survey can be about anything. It could be a boundary issue, a setback issue, an encroachment issue, etc., etc.
Make sure you meet the needs of your client (the court).
You should never have to worry about payment. The division of payment responsibilities should be spelled out in the order, but it's not your problem to bill the parties or obtain the money. That's the court's problem. The court will typically escrow the funds prior to ordering the survey. If not, the court will get the payments after the fact. Either way, the court is responsible for the payment, unless the parties have agreed otherwise. It's pretty easy to request an escrow of the funds.
JBS
I am asked to do about 2-3/year. After reading the court order I determine the cost of the survey. I ask the judge to require the parties to deposit the money in escrow before I begin. Several times this has resulted in the parties resolving their dispute because the cost of the survey is more than what the disputed area of property is worth.
When I do the court ordered survey I proivide a plat showing the results of my survey. I have never been asked for anything more.
