Situation: A campground, laid out in lots. The lots are owned by the lot owners (deed recorded in courthouse). I have not yet received my deed, but I am asuming fee simple ownership. Non-issue.
Issue: The lots were laid out in a platted and recorded subdivision in the late 70's. We bought a lot this afternoon. I stated to the real estate agent (kind of part of the LOA but a separate entity) that I wanted the lot that I purchased to have the property corners marked. I joked that I would do it and they could reimburse me. He stated "Oh, I just go out with that old metal detector behind you and find them. If they are not there, I pull a tape and throw one in" I pointed at him and said "Oh, you survey without a license?" He gave me a smart allek smirk while SWMBO was telling me to shut up. I do know that about 15 years ago, registered surveyors went to this place to set corners. I have been going there the last few years and have asked repeatedly about who does it (trying to get my foot in the door) and I have always been told in the business office that either the realtors or the maintenance men "take care of that".
Question: Since this is a "gated" campground, but we are dealing with real property, would this be considered surveying without a license? I explained to SWMBO that it is my duty as a registered surveyor to report unlicensed activity to the board. Or is SWMBO right and I am just being a trouble maker? I don't really want to give much more information at this time since I am merely looking for advice and I know that one of the state board members is a regular on this board.
SWMBO asked me to at least make sure our deed is finalized before I make too many waves.
You are dealing with 2 issues
Of course it is breaking the law for a realtor to set corners. But of course SWMBO is right!
I don't know what position the Board would take if you told them you didn't report something because SWMBO said no. You'd probably lose with the Board, but on appeal a jury might sympathize.
🙂 :pissed: :snarky:
There is no doubt that what he is doing is against board rules.
At this point it's your word against his when it comes to his statement that he sets the corners himself. After getting a firm price and a contract signed so he can't back out, I would tell him that I was a registered surveyor, lets go find the corners.
I would also tell him any corners not found WILL BE SET by a registered surveyor or you will report him.
In my opinion, him looking for and finding the corners is not a violation. Setting them is. You have no proof that he actually did that other than his statement and you know how them real estate agents lie.
James
"Gated Campground"
Now That's an oxymoron if I ever heard one! 😉
Might Be OK In PA ?
If the sales agent is an employee of the entity that owns the overall tract he may be simply exercising the rights of the owner. Technically he would have to do that before you own it.
Assume all pins are there, prior or recent, and you survey same finding discrepancies. You would open a whole new can of worms by filing a corrective deed holding new geometry. If that goes to court, my impression is you would lose and pay everyone elses expenses.
100'x???' size?
What improvements are there?
What improvements can you add?
Can you even cut the trees without permission?
Paul in PA
:good: :good: :good: :good: :good:
:good:
If he hasn't offered to find corners for a fee, you haven't seen him set a corner, and he isn't filing plats, then you don't have much to report.
To stay away from a fine mess, you can consider what you have already told the Realtor to be a warning ticket. Be sure to put a record of it on your calender.
I consider another responsibility we have to the BOR and public is to inform these wicked people the consequences of their actions.
To bring a claim to the BOR it is probably a requirement to have evidence of violations.
I would believe that a confession by a witness to the event to a licensed authority would have some weight to start an investigation.
Survey you own lot and see how it rates against the calls and take it from there.
You will probably find that the neighborhood is a willing participant in the surveying techniques being used. They may have helped hold the tape.
0.02
Might Be OK In PA ?
> If the sales agent is an employee of the entity that owns the overall tract he may be simply exercising the rights of the owner. Technically he would have to do that before you own it.
Paul,
I'm not sure what laws you have in PA but out west, a land owner can not set his own property pins even if they are interior to his property. If this were the case subdivisions would not require a surveyor.
> I need the votes to overrule SWMBO
You can do that?
Do you have a book out? Can you share instructions on how that's done?
I bet it hurts...;-)
who's selling tickets????
"SWMBO" = "Surveyor's Wife May Be Omnipotent"
Just saying.
Paul in PA
