I get a call from a potential client. He said he had a falling out with another surveyor (he claims the other surveyor was paid in full for work to date)
Anywho, he wants me to write a legal description for 3 parcels based on the other surveyors map.
I told him I'd have to at least verify his survey and fell comfortable with the prior surveyors results (basically do my own survey) before writing a legal decription of the properties.
He went and got someone else to do it.
My question is, would you write a legal decription based on another surveyors map, without verifying anything on said map?
recorded/filed map? Yes
but considering the circumstances, you might want to verify that the other surveyor actually got paid... I don't believe that is actually "required" in any of the jurisdictions I have worked in.
No map is recorded and/or filed.
then it would depend on the type of "map" it is... did the other surveyor consider it "final" for public consumption?
hmmm..that's hard to say, I don't know for sure that it has.
Are you preparing a written description based on a plan just so he can give it to his attorney, who will screw it up on the deed anyway?
Do you have to certify the description? I'm surprised he didnt ask his attorney to draft it up.
-V
No, it'll probably be used in court (I guess I shoulda mentioned that part).
Most surveyors in CT write the description, at least I do.
I think in that situation it's best to do what you did. I would check with the surveyor and get his side of the story. If you lost the job, you've very likely only lost a headache anyway.
I wouldn't write the description unless I surveyed the parcel and completely understood what was going on. What would be your fee to write this legal description based upon what some other surveyor found (or didn't find) and to run the risk of being brought up before your BOR for something that might have been overlooked or missed due to all the layers of distraction already in place? The client already showed you how special you were to him by hiring some other surveyor to do what he wanted. And then not to mention the fact that you're going to defend or explain this all in court? I would count myself blessed to have been passed over for this request and would not waste another second wondering about it.
I agree. I cant imagine, even if he had a falling out with the other surveyor, why he wouldnt just have him complete the legals. Seems fairly simple, there must be something else going on.
-V
He11 NO!
And even more NO after you mentioned that it may be going to court.
I wouldn't go to court without having done the survey completely within my company, been around the property completely myself, etc etc. Most attornies would eat you alive if you showed up to testify and you admitted all you did was write a description from someone else's survey.
Avoid this one like the plague - unless you get it completely on your own terms!
He11 NO!
Absolutely, positively, categorically, NO...no way, no how, not on your life!
Loyal
Chances are that if he had a falling out with the other surveyor, he didn't like the results and would ask you to exclude some pertinent information.
Joe, I would not touch that with a 10ft pole.
I have gone to bat for a client in the case of a deceased surveyor, what you have is a whole different critter.
It is up to the other surveyor to man up and go to court with their survey, no matter what was stirred in the pot with the client.
He11 NO!
> Absolutely, positively, categorically, NO...no way, no how, not on your life!
>
Or, well, maybe not.
Seriously, of course not, given what you have described.
What was this "falling out?" Over the choice of salad forks? Dessert spoons?
Or, more seriously, who picks up the check?
🙂
Don
Questions I would ask myself:
Can I write the description so that it can be surveyed by me or others?
Would it clearly pass title?
Would it be used to circumvent laws and regulations?
yes, I read the other replies, and your answers...
Is it within the standard of practice in your community?
Only you can answer the "ethical" part
PS: I feel comfortable telling the court what I do and why I do it if I can answer the above.
That is a client you don't want!
>
>
> My question is, would you write a legal decription based on another surveyors map, without verifying anything on said map?
Yes. I have done it several times and I am not even licensed.
I only write legals from surveys I have prepared. I don't think it is ethical to describe property I have not surveyed, nor do I want that client.
There are three things a land boundary description must do:
1. Be unique and locatable on the ground;
2. Accurately describe and maintain title to the parcel;
3. Observe senior rights, if any.
If you can do those things without doing the field work.....more power to you.:-/