Not sure if you own your own business, but it is an unfortunate situation and the "Right Thing" is debatable, hence this thread in the first place. Is the "right thing" paying to have the fence removed and replaced along with the landscaping and sprinkler system? Remember also that since this was prior to my arrival there was no E&O coverage so it would all be out of pocket and likely put us out of business, or severely hamper us going forward.
Yes, we wanted the benefits of the name, mainly that people who are from the area would know that we have all the records and resources that are associated with it, and those that have had survey's done by the firm over the years would know where they could find that information and copies. Any one that regularly works with us knows we are not the same, particularly since they are now dealing with me.
As a business person it would be foolish of me to make things right by accepting the liability for the 8-10 different surveyors who had worked here going back some 50+ years. Unfortunately, at least in this state, the statute of limitations, as it were, begins from the time a survey mistake is discovered, not from when it was made. and even that time frame was only recently reduced.
I have told both sides that I would work with them and provide our services at a reduced rate to effect a BLA/BLR or lease/easement if that is what they ultimately agree to. That's about the best I can do. On the advice from my attorney, I cannot even offer free services (which I would have) because that begins to look like an admission of guilt or culpability.
When I informed the North owner of the situation, he understood my position, as have a few others over the years the one or two other times this has come up. They are not happy about the situation but not with me or the current firm. I am sure that my willingness to work with them to resolve issues helps in that regard.