While I agree that note 3 needs to be taken off, lets not forget that any surveyor can poke holes in your surveys too if given a chance to review. Standing on your soap box claiming the other surveyor makes a lot of professional mistakes really isn't professional in my opinion and many states have laws about not discrediting other surveyors publicly to benefit your status. So I say be careful, it's a slippery slope...especially if the board gets involved. And Alaska has a quasi-judicial board, so you need to really be careful.
Ken,
I was responding to a question from tragmerse of why I was asked to comment on the plat notes of another surveyor.
I am not anywhere near a soap box and I am not publically discrediting anyone or stating they are unprofessional.
What I have expressed is my opinion, and unless this country has changed a lot recently, everyone is entitled to their own opinion. In addition to this, anyone is allowed to state the truth about someone else according to law.
I also don’t agree that any surveyor can poke holes in any other surveyors work, I have seen a lot of work done by other surveyors that I respect and it inspires me to attain that level of professionalism. Likewise I have seen work that I believe was below professional status for our profession.
I believe that one of the reasons we have so many problems with the surveying profession is because we have gone soft and are too scared to point out unacceptable work or hold other surveyors to standards. Instead we allow others to turn the whole issue into money and business and competition.
From your comment I believe you are saying that by anonymously coming to this surveyor’s forum and asking questions about an anonymous surveyor, that this is slander and I am benefitting monetarily from this action.
The point of coming to this forum and asking for input was to make sure that I wasn’t drawing conclusions from my limited viewpoint, and that I could comment from a more diverse opinion.
Also it seems to me that when you say - “Standing on your soap box claiming the other surveyor makes a lot of professional mistakes really isn't professional in my opinion” This statement seems to be even more of a direct accusation of unprofessionalism than my comments, If I should be scared then you should also be scared of your public comment against me that potentially benefits you, and the reaction of whatever board regulates your license. Also if I am interpreting what you are saying correctly, all the other surveyors that commented should be careful or scared that they too are potentially getting in trouble from their regulating board.
Are you saying that the forum should limit all conversations to technical only and we should also not be able to mention brand names as that is defamation and could result in our gain or their loss.
Maybe you could comment on how you would handle this situation on a more professional level than I did, so I could consider that option.
Thank You.
:good:
> 3)”company name” surveying Inc. assumes no responsibility or liability for any errors or omissions of any kind whatsoever in terms of content shown hereon and disclaims all warranties and/or conditions, express or implied, to the content into any matter relating to the information shown hereon.
>
> 4) Location of public utilities are per field inspection and available records with no guarantee of thoroughness: said locations are for general reference only and not to be used for construction or engineering purposes.
Number 3 is the one that stands out to be out of line to me.
Aside:
I don't like No. 4. I think I would rather state exactly what it is I mean. That it depicts an adequate location of the flags and paint marks left by someone else, and that you did not locate the actual utilities that were not visible to the eye.
I am not saying that the statement should be stricken, just that it doesn't really even cover his butt as to what he wants to cover. "per field inspection" implies that he actually saw the utilities. I would not say that it wasn't "thorough" or can't be used, but only that you were relying on others to show you where to locate.
my 2¢
Tom
> > 3)”company name” surveying Inc. assumes no responsibility or liability for any errors or omissions of any kind whatsoever in terms of content shown hereon and disclaims all warranties and/or conditions, express or implied, to the content into any matter relating to the information shown hereon.
>
> Number 3 is the one that stands out to be out of line to me.
Tom,
It stood out to me too...I think the surveyor should just tell the truth 😉 [sarcasm]and use this:[/sarcasm]
DISCLAIMER
The information being offered here is purely educational and informative in nature and does not constitute legal or tax advice. You must take full responsibility for any liability or loss incurred as a consequence of the use and application, directly or indirectly, of any information contained on this plat.
With the events of today, you must verify all information as to the truth or validity yourself. As you are the one who will ultimately have to defend your land you must know what is the truth and what is not.
I have tried to the best of my ability to ensure that the material contained on this plat is the truth.
DDSM :beer:
HLODIMLZGN
Psg ljvfnzmplfj xgljq fvvgngh sgng lo wyngib ghydmplfjmi mjh ljvfnzmpltg lj jmpyng mjh hfgo jfp dfjoplpypg igqmi fn pmc mhtldg. Bfy zyop pmrg vyii ngowfjolxlilpb vfn mjb ilmxlilpb fn ifoo ljdynngh mo m dfjogeygjdg fv psg yog mjh mwwildmplfj, hlngdpib fn ljhlngdpib, fv mjb ljvfnzmplfj dfjpmljgh fj pslo wimp. Klps psg gtgjpo fv pfhmb, bfy zyop tgnlvb mii ljvfnzmplfj mo pf psg pnyps fn tmilhlpb bfynogiv. Mo bfy mng psg fjg ksf klii yiplzmpgib smtg pf hgvgjh bfyn imjh bfy zyop rjfk ksmp lo psg pnyps mjh ksmp lo jfp. L smtg pnlgh pf psg xgop fv zb mxlilpb pf gjoyng psmp psg zmpgnlmi dfjpmljgh fj pslo wimp lo psg pnyps.
>[sarcasm]and use this:[/sarcasm]
>
> DISCLAIMER
> The information being offered here is purely educational and informative in nature and does not constitute legal or tax advice. You must take full responsibility for any liability or loss incurred as a consequence of the use and application, directly or indirectly, of any information contained on this plat.
> With the events of today, you must verify all information as to the truth or validity yourself. As you are the one who will ultimately have to defend your land you must know what is the truth and what is not. Only a landowner can determine his or her boundaries.
> I have tried to the best of my ability to ensure that the material contained on this plat is the truth.
There I added a little something else. 😀
DDSM,
Do you have a software or a site that codifies/crypticizes you text for you? It's just really hard to do it "by hand"
Thanks,
Tom
> DDSM,
> Do you have a software or a site that codifies/crypticizes you text for you? It's just really hard to do it "by hand"
>
> Thanks,
> Tom
Tom,
I use Decrypto 8.5 by Brother Edwin Olsento 'crypticize'. I use my head to solve them. 😉
DDSM:beer:
(Thanks for the addition)
> The local platting authority asked me to comment on a local surveyors plat notes.
> Any thoughts would be appreciated so I can comment from an unprejudiced point of view.
>
> These notes are included on all boundary and subdivision plats. -
>
> 1) Subject to all conditions, servitude’s, easements, covenants, reservation, restrictions and rights of way of record.
>
A given. Doesn't hurt to include this note, but shouldn't be necessary. Hopefully the note is not used by the map preparer as an excuse to have performed poor research, thinking that this note will cover them if something critical and properly filed in record was missed.
> 2) subject to all copy right laws.
>
Surveyor trying to protect map from improper use by others by putting them on notice that he will invoke copyright protection if need be. The note does not add any protections over and above what is already protected by copyright law, which is somewhat limited in the case of maps.
> 3)”company name” surveying Inc. assumes no responsibility or liability for any errors or omissions of any kind whatsoever in terms of content shown hereon and disclaims all warranties and/or conditions, express or implied, to the content into any matter relating to the information shown hereon.
>
Totally meaningless and useless. Certainly they are responsible for any errors & omissions on their maps. Denying the responsibility does not make it go away. But the note does give the impression that the preparer/licensee in charge may not be diligent or exercising their responsible charge responsibly.
Their are no express warranties unless they do something stupid such as place an absolute guarantee for accuracy (see Bell v Jones, 523 A. 2d 982) on the drawing. The only implied warranty is that the survey was performed and the map prepared to the appropriate standard of care. That implied standard of performance exists whether or not the surveyor tries to weasel it away with a meaningless note.
> 4) Location of public utilities are per field inspection and available records with no guarantee of thoroughness: said locations are for general reference only and not to be used for construction or engineering purposes.
Poorly worded such that it implies sloppy work on the part of the surveyor, but otherwise truthful and appropriate.