NO. Writing descriptions would kick in WI Admin Code "Minimum Standards" which would include staking, map, filing, etc.
Besides, how could you possibly defend said descriptions without doing any field work or research?
Based on pending litigation, and the fact that you don't have the other surveyor's side of the story, then No. It sounds fraught with traps that can only hurt you, not help you.
However, I'm sure there is an enterprising young attorney who will do the deed for $50.
We at least have this one attorney now, trained, to come to us, let us calculate the deed and the split so he can write the description instead of screwing it all up.
I know, I know, that's wrong and we didn't get paid, but hey, our license says to "Protect the Public" so that's what we're doing and keeping an open line of communication between a land attorney in the county. No other surveyors will do it, and we reap some business out of the arrangement.
> 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?
So this other surveyor prepared a map? What kind of map? What does this map show? Is is based on a field survey? Are there pins in the ground? If he set pins shouldn't he be filing the appropriate documentation (survey, legal, etc....) Those are just a few of the questions that pop into my head.
If this was a recorded survey I would have no problem preparing a legal with the understanding that it's based solely on the recorded document, I may even add a few cya references and statements.
With all that said, your scenario sounds like a no-go. Too many variables to be worth your time imo.
WA-ID
I think Joe is in CT and they don't require surveys to be filed, just like Texas doesn't. If our client doesn't file it, or the title company, it stays in a lock box.
WA-ID
You are correct Kris. The vast majority of the surveys in CT are NOT recorded.
> My question is, would you write a legal description based on another surveyor's map, without verifying anything on said map?
No, I wouldn't. But I might without field verifying the map, if:
- the other surveyor was known to me to be competent
- the other surveyor assured me personally that he had been properly discharged
- I had a signed and certified copy of the other surveyor's map in hand
- said map is complete and properly annotated
- I had reviewed the record documents to my satisfaction
- the parcel was amenable to the use of certain bounds language that would control the descriptions
I've worked many years in engineering offices where it has, from time to time, become necessary to produce such things based on the work of former employees, some of whom I've never met personally. Sometimes I've been obliged to redo some work. Sometimes I feel comfortable enough to just go ahead.
I do not think that map recording has much to do with it.
