Quick background, I did a boundary survey a few years ago. My client and the adjoiner had years of problems. The adjoiner had years of boundary issues with other parties, according to my client. My client's family has owned this land for years maybe 30-40 acres, I haven't pulled the file yet to review. The deeds were pretty weak and we did find some existing markers and my client remembered one steel post we did final find. I think I held most everything and it fit well enough with the poor deeds. Anyway, at this point its not about what I did, more a response to a letter I just received today. About a year ago or so the adjoiner called me and asked if I did a survey of the neighbors property, I said yes. He said it was wrong and that he wanted me to know he rejected it. I said he had that right and if he decides to have a survey done on his own, feel free to have his surveyor contact me and we can go over our findings and see if we can meet on some common ground. I stated my survey was based on the best research and evidence that I had at that time and if he had anything he wanted me to take into account please send it to me. I heard nothing until today. A letter saying he was hoping I addressed this issue with my client and he's heard nothing to date. He is notifying me of his intension to proceed with a third survey, should this survey prove my inept he would be suing for reimbursement and fees and expenses from my client and I....
I would like to send him a response in certified mail stating:
1) If you have a survey you'd like me to review please forward it to us.
2) Not sure why you would need a third survey if you already have one done.
3) We held many of the existing markers we found and really only set points on line.
4) You have every right to have a survey done if you choose to go that route, please have your surveyor contact me to discuss my findings.
Just quickly of the top of my head some thoughts...
Any input would be appreciated.
Thanks
Step number one. Get an attorney to help you form your response, if any. Not just any attorney. One who knows as much or more about land law than you do. Attempting to be kind and helpful with a contentious person will only add to your potential injury....and he is looking for people to injure.
:good:
Around here that's what is known as "saber-rattling". He's growling and trying to intimidate you.
The simple fact of him not liking your survey findings is unfortunate on his part. But until he can prove that your survey has caused him damages or that you were negligent in the execution of your survey, he's just a pissed-off property owner.
I enjoy maintaining general consul for my company. Turn the letter over to your attorney and worry about it when and if it gets ugly. My attorney would probably fire a letter back threatening retaliation.
My attorney calls the first letter you received the "eat chit" letter. His return letter would be considered our "eat chit and die" letter. Yes, I have junk yard dog attorney. He performs a function similar to a pit-bull tied up to a porch post...
Seriously if someone threatens litigation, either severely limit or (better yet) cease altogether any correspondence. Let the lawyers duke it out. It doesn't sound like he has much of case, except he didn't like your survey.
Steady as she goes, helmsman.
edit:
You would be surprised how many people simply STFU when they realize you have already "lawyered-up" and are oiling the cannon wheels. B-)
My guess is that surveyors can't solve this issue. Only the landowners can resolve/agree to settle the location of the boundary line. The most expensive way for landowners to agree is to have a judge do it for them. A few take this route. A surveyor can help by working with the landowners. If you survey one side of the line without contacting the adjoiner you can't help resolve the issue. If the adjoiner won't talk or participate there may not be much a surveyor can do. If you marked a line knowing that there is a disagreement (or didn't check) you didn't help much other than a litigator's fees.
I agree with LRD. This is between owners. The neighbor really doesn't have privity of contract with you.
Guess you Better Call Saul
Theres a difference between being inept and providing one's professional opinion.
He's using the shotgun approach to go after everybody in his sights. Let him get 10 surveyors if he wishes. It's sour grapes
Sounds like he had a second survey thay you haven't seen. Can you get a copy of it for a heads-up about what the differences are and what ammunition his attorney may have there? (Why didn't you find this monument that the 2nd one did, etc ...)
I believe that there is a strong clause in your E&O policy that requires you to notify your E&O carrier.
1. Don't respond.
2. copy to your client so he does not get blindsided.
3. Don't respond.
4. review your files and notes, and maybe refresh your research
5. Don't respond.
6. (optional) copy the letter to your atty.
I would bet he is fishing for a free survey that agrees with his concept of "correct".
PS: in retrospect if you find that you may have made an error... suck it up and fix it on your nickel with great humility.
BUT Don't respond unless you lawyer up first.
> About a year ago or so the adjoiner called me and asked if I did a survey of the neighbors property, I said yes. He said it was wrong and that he wanted me to know he rejected it. I said he had that right and if he decides to have a survey done on his own, feel free to have his surveyor contact me and we can go over our findings and see if we can meet on some common ground. I stated my survey was based on the best research and evidence that I had at that time and if he had anything he wanted me to take into account please send it to me.
Not being familiar with your statutes, administrative rules, state association best practices, etc., but, if I were to respond (which I probably would) and the above stated controlling authority required other surveyors to contact you with the discovery of material differences, evidence, etc., I would respond (in writing) reminding him of your earlier conversation, and the (hopefully required) authorities requiring his surveyor(s) to contact you if there are discrepancies. I'd be sure to point out that no other surveyor has contacted you, and until his surveyor(s) contact you, you have basically nothing to respond to. Be sure to be polite, professional, and careful of what you say. Also, be sure you repeat that you are open to reviewing any and all additional pertinent evidence/information.
Put the ball back into his court, and remember - be professional, concise and correct in citing authorities. Be the problem solver, not the stubborn, ignorant, problem creator.
Also, have a good attorney on call (which you should have anyway).
One last, important question - did you ever contact this adjoiner while performing the survey seeking additional evidence? If not, why not?
Missing this "small" and sometimes very, very important action is the downfall of many surveyors. Why do we continually leave our flys open so often? I sincerely hope you have the opportunity to learn from this potential mistake without paying a large price for it.
He wrote the letter personnaly, might be must some retired dude who has time on his hands.
Just give him a call, maybe he is lonely.
> 1. Don't respond.
> 2. copy to your client so he does not get blindsided.
> 3. Don't respond.
> 4. review your files and notes, and maybe refresh your research
> 5. Don't respond.
>
> 6. (optional) copy the letter to your atty.
>
> I would bet he is fishing for a free survey that agrees with his concept of "correct".
>
> PS: in retrospect if you find that you may have made an error... suck it up and fix it on your nickel with great humility.
>
> BUT Don't respond unless you lawyer up first.
Yes.:gammon:
Sentiment is running in favor of not replying without a lawyer's advice.
Brian has a pretty appealing point of view, too, which is along the lines of the OP.
So how about those who say "don't" getting more specific about how a polite, factual reply would cause him more problems?
There is a very fine line between defensive and aggressive behavior, or the perception of it.
Surveyors are famous for saying the wrong thing at the wrong time, and it is easy to imply a feeing of guilt.
Take a tip from the experts at this(lawyers) and don't write anything down!
There is no urgency in a reply, ask a trusted Atty. first
> Surveyors are famous for saying the wrong thing at the wrong time, and it is easy to imply a feeing of guilt.
exactly...we're too honest for own good. Even a remark as benign as "if your surveyor comes up with something different, tell him to call me.." could be construed as an implication that another solution not only exists, but might be expected. A posture you don't want to be perceived of taking.
While in a room full of surveyors we will all freely admit that there can be several solutions to a boundary problem; in a legal setting we must stand by our work as the only solution. Anything else can be painted up as being "wrong".
You should notify your clients Attorney and not contact the guy. I would guess you're client's Attorney will not want you to correspond with the other party. You work for your client, not the other party. Trying to be helpful can bit you and your client in the rear.
For things like this, I usually take the approach, "don't worry until you've actually got something to worry about", but just to protect yourself I think you should inform your client, your attorney, and your insurance company. I don't think you should correspond with the adjoiner at all without an attorney's advice.
I don't know of statute of limitations ...
But, you might be extending his time to file if you answer his questions directly to him.
It might be construed as a continuation of the original survey ... a statement of a sort, that the survey might not be finalized.
I say tread very carefully with a hostile adjoiner.
YOU have the right to remain silent ...
ANYTHING you say might be used against you in a court of law
ANYTHING you say that helps explain your opinion, will be immediately used against you if at all possible ... he is VERY UNLIKELY to say ... "gosh I guess you might be right". Well ... he might say it, but he won't mean it.
KEEP IN MIND ... he's been fighting this battle for years.
What you might have going for you, is that it appears his fight(through the years), hasn't produced a willingness to actually litigate his claims.
