Bill93, post: 403010, member: 87 wrote: Why would it be a conflict of interest? The surveyor doesn't advocate for (either) client. He just gives his opinion on where the line is. I see nothing about the situation that would tend to bias his opinion in favor of either party.
Adding to what Ric already said, not only is there the possibility of a perception by landowners, judges, and juries of a potential conflict, if a surveyor with a less than average ethical standards, and possibly a little incompetence thrown in for bad measure, the potential conflict can turn real pretty easily. It might seem far-fetched, but there are unscrupulous surveyors around who would make their opinion favor who ever is paying most or latest, or try to hide an actual mistake in their work rather than be truthful and take responsibility.
Like so many laws, this one is written for the rather small minority of individuals who would be inclined to abuse the trust put in them by the public. It was not enacted as an insult to you, me, or other surveyors whose ethics would guide them to take the right course of action in absence of the law. It provides guidelines by which the unscrupulous can be kept in check, but adds no burden to the rest of us because we would almost certainly just do what that law prescribes because it's in our nature.
Tommy Young, post: 403062, member: 703 wrote: This is what I'd do.
I would argue that going back and remarking a line is a different project. I'd like to see a court citation where the surveyor was sanctioned because he marked a line for an owner and didn't tell the adjoiner about it, who he originally surveyed the line for 15 years prior.
I doubt any one here would go out and restake a 15 year old line for the original owner without compensation. It is a new project for the original client also.
Paul in PA
