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Novel Surveyor's Certificate (Texas)

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Kent McMillan
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And while we're on the subject of practices in the demimonde of quickie-dickie survey factories, here's one of the stranger certificates I've seen on a map bearing the seal and signature of a Texas licensee.

The certificate basically states that the map it appears on "is true and correct according to a field survey" made by the surveyor whose signature is affixed or by someone working under his supervision. Fine.

But then the certificate continues, stating that the surveyor does

"further certify that is survey meets or exceeds the minimum standards established by the Texas Board of Professional Land Surveying (Section 663.18)"

What does that last part mean considering that Section 663.18 of the Texas Administrative Code wherein the minimum profession and technical standards are set forth has exactly these four provisions:

(a) The Registered Professional Land Surveyor shall personally apply his/her seal and signature only to final documents released to the public representing professional land surveying as defined in the Act. The professional land surveyor shall maintain control and possession over his/her seal at all times.

(b) If the land surveyor certifies, or otherwise indicates, that his/her product or service meets a standard of practice in addition to that promulgated by the Texas Board of Professional Land Surveying, then the failure to so meet both standards may be considered by the Board, for disciplinary purposes, to be misleading the public.

(c) Preliminary documents released from a land surveyor's control shall identify the purpose of the document, the land surveyor of record and the land surveyor's registration number, and the release date. Such preliminary documents shall not be signed or sealed and shall bear the following statement in the signature space or upon the face of the document: "Preliminary, this document shall not be recorded for any purpose and shall not be used or viewed or relied upon as a final survey document". Preliminary documents released from the land surveyor's control which include this text in place of the land surveyor's signature need not comply with the other minimum standards promulgated in this chapter.

(d) A land surveyor shall certify only to factual information that the land surveyor has knowledge of or to information within his professional expertise as a land surveyor unless otherwise qualified.

(e) Registered professional land surveyors may certify, using the registrant's signature and official seal, services which are not within the definition of professional land surveying as defined in the Act, provided that such certification does not violate any Texas or federal law.

Unless I'm missing something, the registrant is basically certifying that he has personally applied his seal to the map and that the signature is his. Not much more.


 
Posted : December 11, 2014 10:29 pm
vern
 vern
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Perhaps he got busted for letting somebody else apply his credentials.


 
Posted : December 11, 2014 10:52 pm
Kent McMillan
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> Perhaps he got busted for letting somebody else apply his credentials.

I hadn't thought of that, but that is a very plausible explanation considering the apparent survey factory nature of the operation.


 
Posted : December 11, 2014 10:58 pm
paden-cash
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> Unless I'm missing something, the registrant is basically certifying that he has personally applied his seal to the map and that the signature is his. Not much more.

That's what I read, too.

I'm thinking the fella that signed probably never read that section of the statutes, but it looks cool and lofty to quote statutes..:-/

More façade for the illusion of legal and official...


 
Posted : December 12, 2014 3:56 am
Doug Crawford
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Most be the fifth one, services which are not within the definition of professional land surveying as defined in the Act
> (e) Registered professional land surveyors may certify, using the registrant's signature and official seal, services which are not within the definition of professional land surveying as defined in the Act, provided that such certification does not violate any Texas or federal law.
>


 
Posted : December 12, 2014 4:11 am

paul-in-pa
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Yeh, But It Sounds Important

Paul in PA


 
Posted : December 12, 2014 8:40 am
Jack Chiles
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Kent, I think that if

you affix your seal and then sign your name on that drawing, you will be held to the minimum requirements for professional land surveying according the P. L. S. P. Act as promulgated by our Board, no matter what type of certification you put on the drawing.


 
Posted : December 12, 2014 9:02 am
Andy Bruner
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Jack Chiles

That is the way it was told to me by a member of the BOR here in Georgia. When you affix your seal/signature to a drawing you "state" that the survey meets the standards. We, the engineering firm for whom I used to work, lost a few jobs because of the requirement of the local government that all easement "sketches" bear the seal and signature of an LS. I told them that to place MY name and seal on a document that covered a 10 foot easement along the right of way of a road through a 1,000 acre property would require me to survey the ENTIRE property. Others too the "shortcut" and just surveyed along the road.

Andy


 
Posted : December 12, 2014 9:37 am