Can anyone provide tips on dealing with landowners (be it clients or neighbors) when the surveyed line turns out considerably different than where the landowners thought it was?
Especially, when everyone was content not knowing where the line was and now that they know where the line is, they are not happy.
I seem to fail at this.
It's simple, if the line falls where they did not think it should have and they are all ok with their common understanding of where they thought it was, suggest that they file a boundary line agreement to honor those lines.
If there is one person disputing the line(s) that you have established through research and evidence, both found and located, and they agree with title documents, let them fight is out with the opposing neighbor proving you wrong.
There is allot of details missing but, if a boundary line agreement can be files and still meet the zoning requirements, that's the way to amicably settle any issues, as long as it does not affect more than the two parties involved.
They may take or leave this advise but if your work and research is solid, based on filed documents and found evidence, you are good to go and safe from a disgruntled neighbor, if that is the case.
Take the time to discuss your findings with your client and let your client take it from there. You have no obligation to get involved with the neighbor who may or may not dispute the lines without authorization from your client. These situations can escalate in the legal world and as long as your resolution is solid, suggest that they come to common ground or walk away and let them fight it out in litigation.
Either way, be as kind as you can be and do not entertain the backlash.
I don't think there's a simple answer because people are not inherently reasonable and humans don't generally seek truth. The only thing close to a solution that I've found is to spend time before the survey preparing the client for an unpleasant result. Before I step foot on a property, I've repeated some version of, "Keep in mind, that I may find problems that nobody knew about and nobody wants to know about."
Gauging a client's attitude and level of sophistication is important in crafting a message that they'll be receptive to. As a LSIT I spent about ten minutes explaining boundary law to a NH Supreme Court Justice before he politely informed me of his vocation. I had some ugly words for the project manager when I got back to the office. Anyway, try using stories to explain the problems you might encounter. I tell clients about the most difficult survey I've performed, which was a 0.25 acre parcel. I tell about times when I was asked a to survey an old mountain tract and my client's thirty acres turned into twenty-five and this prevented them from subdividing into three ten acre lots as they envisioned (in many NC counties subdivided lots greater than 10 acres bypass subdivision review). We learn through stories more efficiently than a mere recital of facts.
Preload your clients with all the bad possibilities and maybe even go so far as to tell them the truth that PLSs hate to admit, sometimes you're better off not getting a survey.
I don't see how pre-prepping your client adds any value and few will want to entertain stories. They are only concerned about what is going on as it relates to their own little swatch of earth.
It is unwise for an LSIT, PC or any crew member to discuss what may or may not be encountered, or what was found during the course of the survey. Doing so basically amounts to practicing surveying without a license.
When it comes to communicating with difficult or potentially difficult clients, If you are not the LS who will be signing and sealing the plat, always refer the client to the LS to have questions answered or problems resolved.
Keep in mind that everybody has different levels of experience, knowledge and the application of rules and laws. Don't put your LS in a position to have to explain to the client that what they were told in the field is incorrect, that's a very embarrassing situation to put him or her in as the client doesn't need to have conflicting information given to them.
Not licensed, but I've had several experiences with this in the last couple of years it seems (and that covers my time of office experience). My situation as an LSIT is that I have a number of projects, being these particular clients' company contact. Until there is a problem with a boundary resolution that I am not familiar with or privy to, I try to handle any and all comers. It does me no good, at this point in my journey, to shove this off on the PLSs in the office unless it's better for everyone, for whatever reason, just because it's uncomfortable.
If they show up at the office unannounced it's a tougher game, but if I have some time to prepare I can have all the information, field notes, current iteration of the plat ready (hopefully its that far along), and go over it with them. Even the most difficult client, if you can keep an even keel/temper/attitude, will calm down a little bit. It's a lot easier said than done sometimes. You can go over the evidence and the reason of the discrepancy, possibly what you think caused it, and offer solutions.
Probably the most valuable lessons I have learned is:
You are sometimes better off not getting a job
There are people out there that cannot be satisfied, no matter what you do.
I work with a gentleman who can spin any evidence of our planet being older than around 6000 years, into the malicious work of Satan. My wife’s cousin is a school teacher who believes our planet is flat. The US debt just surpassed $34 Trillion and each side continues to vote for the same politicians out of fear the other side will destroy the country. I want logic and reason to be the driving force of humanity, but sadly it seems to be emotion and tribalism that wins the day. As a professional, the facts are paramount, but it’s foolish to ignore emotion when dealings with clients, or anyone else for that matter. There's nothing wrong with PLSs who just want to do their job, get paid and leave. That’s likely a wise business decision and akin to how a cancer doctor avoids early burnout. Since the OP appears to want to help people deal with the confusing mess our profession is often forced to wade through, I’d suggest relating to people by acknowledging their feelings. Something like,
“Land surveying is very confusing to anyone who hasn’t been doing it for decades and even then, it still confuses me sometimes. I’m trying to put together a puzzle and I may not have all the pieces or even worse, I might find some pieces that make everyone around here upset. Have you ever felt sure you remembered something exactly right only to find out that somehow you misremembered? Land surveying deals with that a lot and it may happen here, so please just keep that in mind as we start putting together more pieces of this puzzle.”
Dealing with people is messy and it takes time. If you don’t have the time or patience to explain things to people who might be highly emotional, poor listeners, ignorant, rude, arrogant, etc., consider steering your business away from residential boundaries, but be honest with yourself and admit that you are unwilling to roll up your sleeves and deal with messy emotions. While it’s certainly true that a PLS must prioritize the logical organization and weighting of boundary evidence to come to a reasonable opinion of a boundary’s location, ignoring the human element is at some level a failure to protect the public and can also reflect poorly on our profession.
Similar to debating strategy , show your client that you understand their, often emotional, concerns by addressing them before the survey begins. Explaining their concern to them shows you’re listening and greatly increases trust. Continue to repeat that you’re being led by the evidence, wherever it may take you. Use slightly self-deprecating stories of things you’ve misremembered to assist in disarming the infamous, “But Grandpappy always said the corner was right there by the rose bush.” Your trying to give them an easy out so they can accept your evidence without feeling dumb or feeling like you're calling their grandpappy a liar. Even if you do everything right, you’ll still fail at least as often as you succeed but the inner knowledge that you gave it a 100% is a reward unto itself.
I pretend I know what I’m talking about. It’s worked for 4 decades and with any luck will work for a couple of more years. Speak with confidence and authority. You’re the expert.
"Gauging a client’s attitude and level of sophistication is important in crafting a message that they’ll be receptive to."
That deserved a repeat...