Damn right, Kent. I have NEVER understood where surveyors got the idea that their previous clients have some sort of right to control the documents. Absent any clear legal contract to the contrary (which I would not sign) I would handle it exactly as you describe.
Your client pays you to provide them information and your opinion of the boundary. They don't get to tell you what to do with that information.
A week ago I had a message from a realtor, saying that Owner B (I surveyed for Owner A) was "giving me permission" to give her a copy of my survey map. THAT I DIDN'T EVEN DO FOR HIM. I almost spit my coffee out laughing at the message. How do these people zip their pants up in the morning with those giant brass balls?
Andy
> I've had this happen a time or two. What we do is that we tell them is less than the original, but we are going to check everything. A surveyor friend of mine recently pointed me to a court case that said that the client who payed for it owns the survey. Just because they don't own the land doesn't mean they don't own the service you provided. That being said, make it different and charge accordingly. Let everyone know. You're going to pi$$ off someone in the mix, just make sure you can fade the heat on the parties upset.
I'd like to see that citation.
who is the original client?
Who owns the 50 acres you said you originally surveyed?? Not sure if it's the same entity as "client A" . but either way, it seems like you end up down a rabbit hole, letting everyone tell you they have control of your maps.
What if the 50 acre client said it was ok?
And WHY would your "Client A" even care about who gets your map? it's too bad they didn't have their financing in order, but that's not your problem. Are they just being spiteful?
> A week ago I had a message from a realtor, saying that Owner B (I surveyed for Owner A) was "giving me permission" to give her a copy of my survey map. THAT I DIDN'T EVEN DO FOR HIM.
Ah, I've heard that one, too. The last one was extending the "permission" of a fellow who was three owners removed from my work on the tract and who specifically declined to have the survey updated when he bought it. Comedy gold when I reminded him of those details since apparently he'd written into the sales contract that HE'D provide the survey at his expense, thinking, I suppose, that his expense would be lunch money.
Frankly, I recently told a "client A" that even they couldn't get a copy of the survey that I did for them years ago without an update.
I reminded them that they did indeed get a signed sealed map at the time of our transaction.
I am not bound to be a "copy shop" for every client. Again, not my fault if you don't take care of your records. If it comes from my office, it will be updated properly and paid for.
A prelim map is all you have there
If it hasn't been recorded, it really doesn't exist. All you have is a map showing a proposed out-parcel. If the land owner hasn't had it notarized and recorded, it ain't nothin' yet.
I've had folks pop in with an older map I made wanting me to update it. I find out it's not recorded and BANG, this a new job. Sorry Charley, this map has to be redone and the points checked etc. I won't charge the same amount as the first time but I'll be close.
What would a Title Ins co do?
IF you went and bought 100k in title insurance, and paid for the title ins., and then turned around, and sold the land, that you bought title ins on, and the buyer wanted title ins, then they would also have to pay for the 100k in title ins.
As a surveyor, you actually visited the site. you actually did somthing that improved the value. Whereas the title co only looked at the papers at the courthouse, and issued the insurance.
So, should you get paid every time your liability is refreshed?
Em hm, I think so.
N
I do not work in a state where surveys are recorded, so that's not really an issue here. I do appreciate the advice given, and do not plan on doing the work for free by any means. I had my mind made up when I posted, I just always like to see the opinion of others. Thanks all.
> I am not bound to be a "copy shop" for every client. Again, not my fault if you don't take care of your records. If it comes from my office, it will be updated properly and paid for.
Yes, we're selling reliable information, not pirate maps. So the point of the exercise is to take all care that the information represented on a map as the present condition of some tract is in fact reliable and to charge for the service accordingly.
