Have any of you ever had someone digitally alter your survey after you have signed it WITHOUT your approval? Also, does anyone know if there is a penalty in Texas for a non professional that has altered a signed survey without the RPLS's approval?
Sounds like fraud to me.
> Sounds like fraud to me.
Sounds like it to me, too. Unfortunately, unless you can demonstrate substantial harm, it's unlikely that a district attorney will press a criminal case. The same thing pretty much pertains to a civil case; the cost of bringing it would likely outweigh any damage award. You might try filing a complaint with your licensing board for unlicensed practice on the part of the person who altered the survey.
> Have any of you ever had someone digitally alter your survey after you have signed it WITHOUT your approval?
Yet another argument for always using the embossed seal on all maps and other survey products issued. A scan of the seal is pretty much always going to look like a copy of a seal, not the real thing.
> Have any of you ever had someone digitally alter your survey after you have signed it WITHOUT your approval? Also, does anyone know if there is a penalty in Texas for a non professional that has altered a signed survey without the RPLS's approval?
Sounds like fraud to me also. If the survey was used to the detriment of a purchaser of the property that person/company should be notified. Contact an attorney to write the contact letter and make sure copies of the letter are forwarded to any public agency that has relied on the survey, or may rely on it in the future. Also a copy of the letter should be forwarded to the board of registration.
The reason for all the notifications is that even a small alteration that appears to be an error on your part can result in major legal costs to defend later. In addition if you know about an alteration and do not make it public knowledge the legal system may consider that complicity. Think of being confronted several years from now and trying to prove that you were not bribed to keep your mouth shut. If the survey was/is used for submission to a public board, planning or zoning, the submission of an inaccurate/altered/fraudulent document is likely a violation of the law. The public agency may want to take action as a warning example to others. You do not want to be one of the examples!
My statement below was based on a Knud E. Hermansen article, Protecting Your Work (1994)(PDF), as well as statements at seminars I have attended. Items 8 and 9, beginning on page 5, directly address the professional response to altered documents. Took a few minutes to reach back in my memory and research this original source.
> The reason for all the notifications is that even a small alteration that appears to be an error on your part can result in major legal costs to defend later. In addition if you know about an alteration and do not make it public knowledge the legal system may consider that complicity. Think of being confronted several years from now and trying to prove that you were not bribed to keep your mouth shut. If the survey was/is used for submission to a public board, planning or zoning, the submission of an inaccurate/altered/fraudulent document is likely a violation of the law. The public agency may want to take action as a warning example to others. You do not want to be one of the examples!
This is no different than any other criminal fraud. You can report to the LS board and mayby the state attorney gen with do something. You can also go the the local police, procescutor or shriff to report such crime. You can also go for a civil suit for damages.
What I would do is contact anyone that may have seen this doctored doc and make them aware of the fraud. Some of those people might follow up through other agencies. The real estate/banking/title orgs may have some pull at the state attorneys office. They as well just might look to you for a proper update truly certified.
This type of fraud is nothing like new under the sun. Charlatans have always been among us. They are a pervasive fungus on society.
In WA state we have been blessed with hard nosed surveyors on the Board and investigating any unlicensed practice. They are effective in this state. And despite all the issues with planning boards we might have, they danged well will be interested in fraud presented to them to act on as real. Any of them will have a city or county attorney who listens and acts on such crime.
From: http://canlii.ca/t/26s6c
[9] Either the copy of the survey used by the Defendants when applying for permits with the Town of Ajax is depicting what Mr. Mitsche prepared in 1987, or the Defendants altered a copy of the survey from 1987 done by Mr. Mitsche.
Grammelhofer should have gotten 5 years minimum but as usual .............
Derek