Recently I prepared a complicated survey of a piece of property that is involved in a long ownership lawsuit (not a boundary dispute). We conducted a very detailed boundary survey of the property for one of the parties in the lawsuit. My survey differed in some significant ways from older surveys and deed descriptions for a variety of reasons. I stand behind my survey and have sound reason for all of my decisions and line determinations. The survey was prepared in November and just today I received an email through my client with some comments about my survey from another surveyor apparently working for the other party in the lawsuit. Also included was a map he prepared, with certification, of a portion of the property showing zoning information in relation to the property lines.
Firstly I have an issue with many of the comments being meaningless and/or incorrect. Things that I might expect from an attorney unfamiliar with surveying or real estate. Second I have an issue with not getting a phone call. If I have questions or concerns about another surveyors work, the first person I call is that surveyor. Thirdly, from his comments and map it appears that he did little research into the property and no field survey. His map was based on mine. And finally (and here's where it gets interesting) I have an issue because this surveyor is not licensed in my state. He is from a public land state halfway across the country and we are a colonial state.
Beyond the comments about my survey, and being a bit unprofessional by not talking to me first, it seems that there may be violations in state law because he certified a map showing property (with bearings / distances and dimensions to zoning lines) within a state that he is not licensed in. Additionally, a certified map showing the relation of property lines to zoning lines was published with insufficient research into and no field verification of the property boundary.
There is a note saying "this is not intended to be a survey". The state board informed me that this statement is meaningless especially since he certified it. It also says that it was based on a survey provided by an attorney (meaning my survey) which likely means that it was done without independent research or field survey. A portion of my survey appears to have just been re-drafted to make his survey.
I should note a few things to end this: 1) Some of his comments fall into title attorney territory so I am deferring those. 2) He did get the current zoning map from the municipality. And 3) the survey he produced is generally correct in its depiction of the property and zoning lines (because it is based on my survey).
I have been asked to submit a complaint to the board so they can investigate which I am leaning towards doing. I have to contact him once I get everything together.
Comments from the peanut gallery?
If it is an active lawsuit and he is on the other side I don't think he is allowed to just call you; that is called ex-parte communication. He has to go through the Attorneys.
In this case, throw the book at him. In doing so you will get the attorney's attention.
I'm confused... The out-of-state surveyor certified a document and used your survey as his base? Did he seal the document with his out-of-state seal? There has to be more to this story, but if this individual is in-fact certifying documents without a license, report his tail to the Board. If he used your survey without written permission, you may have a civil suite against him for copyright infringement.
Yes he sealed it with an out of state seal.
Good point. Didn't think of that.
Tom
In NC an out of state surveyor can get a temporary permit. Make sure he does not have one. Also Dave is correct about communication. My bet is he works for a big multi state firm or is doing this for a friend and may not be aware of the law suite. If he has really messed up, a complaint may be in order. It would be nice to talk to him prior to filing a complaint.
Mike in NC
If he's not licensed in your state your Board likely has no jurisdiction over him and any complaint to your Board will likely go nowhere.
I would start accumulating facts & information, but NOT file a complaint while the law suit is ongoing. That could potentially cause problems. Your side's attorney should not have any problem getting the survey by the other guy tossed and will have a field day if he tries to testify as an expert.
Once the law suit is done, then file the complaint. What comes out of the law suit would probably be good information for the board.
>Recently I prepared a complicated survey of a piece of property that is involved in a long ownership lawsuit (not a boundary dispute). . . . The survey was prepared in November and just today I received an email through my client with some comments about my survey from another surveyor apparently working for the other party in the lawsuit. Also included was a map he prepared, with certification, of a portion of the property showing zoning information in relation to the property lines.
I believe you need to inform your client and his attorney of your concerns. Once the courts are involved you need to coordinate everything you do with that attorney. If the map has already been entered into evidence you need to know this. Also cite your state licensing laws and rules of practice to the attorney. The attorney likely will want to review these. As others have noted make sure you know if temporary licensing is mentioned.
If the laws and rules require you to report possible unlicensed practice make that clear to the attorney. Also make clear that delaying such reporting may be frowned upon by the board. I would presume the attorney will want a courtesy copy of the letter or form submitted to the board. If it becomes clear that documents submitted to the court may have been prepared in violation of state laws, the attorney will want to know as soon as possible.
> If he's not licensed in your state your Board likely has no jurisdiction over him and any complaint to your Board will likely go nowhere.
Have been told in continuing education course presentations by the Ohio Board of Registration that unlicensed practice in any state is reported to the other states. Such unlicensed practice is usually treated as a violation in the state where the individual is licensed. May get a reprimand. If documents have been submitted to the court it may file charges in your state. This would also be reported to the board and likely the attorney general in the other state. Courts take a dim view of those, surveyor and attorney, submitting questionable documents to the court.
My clients attorney is ok with me filing a complaint.
Experts don't necessarily have to be licensed within a State to be recognized as an Expert by that State's Courts.
A certain Southeast Coast Attorney who happens to be the author of several books does it often. I don't think he is licensed in every State where he provides expert testimony.
My clients attorney is OK with me filing a complaint
State board said they want to investigate. It is unlicensed practice. They will investigate here and coordinate with his state board.
Regardless of how your attorney's lawyer feels, Dave Ingram's advice is sound. It may not cause an issue with your clients lawyer, but there would be an appearance of "sour grapes' if it comes up while you're on the stand.
As for the appropriateness of the other attorney testifying I just think back to one local guy here that has failed the PLS exam so many times he's not taking it any long, yet he gets qualified in the Land Court ! I can't figure it out except that I have been told that the judge will decide who is an expert, not the BOR.
Dtp
What's the rush? If the fellow wants to hang himself and his client and asks to borrow some rope, do you really care when you get the rope back?
Just because I'm paranoid, doesn't mean they aren't out to get me.
Whatta maroon! (as Bugs Bunny would say)
Certifying to something resembling a survey in a State where he does not hold a license to practice is just plain stupid. I would sic the attorneys on him like a rat terrier on a mole. Stay out of my garden, you mangy varmint. Surely he isn't as stupid as he appears to be.
Work with the attorneys to go after him via the proper channels and at the proper time. This could lead to him losing his license in his home State if handled properly. I'm pretty sure he would start to come around to your way of thinking rather quickly if he might lose a license. This has absolutely nothing to do with whether or not the information he presented is accurate.
I would think that the attorney would want as many bullet holes in that survey to challenge in court. A reprimand by the BOR presented I court would get the survey tossed out.
I think Frank Willis in his big boundary case that was written about in some of the mags and here actually had the BOR chair subpoenaed to censure the opposing surveyors plat and thrown out.
First thing to do is speak with the attorney you are involved with...