ring-ring

Well, Sir, that's an interesting predicament. With only the information you have been able to supply me so far, I would speculate a total fee somewhere between ten thousand and twenty thousand dollars.

I had someone call, explain that they were suing their neighbor for a wall being 8' over the line on a 100' wide lot. Said her lawyer said she needed a survey. I sent her a proposal, followed up a week later. She was offended I had even called her. Said my "bid" was "way too high". She had received bids half as much as mine.

Not sure why you go with the surveyor based solely on price when you are determined to head to court.

> Not sure why you go with the surveyor based solely on price when you are determined to head to court

Because the general public sees licensure as providing a guarantee of a certain level of competency. They need a surveyor for what they perceive as a typical task for a surveyor - determining a boundary line. The state wouldn't grant a license to someone that isn't capable of performing this basic service, so differentiating by price makes sense.

The fact that there are so few surveyors that another surveyor would trust to work on their behalf in a case like this is our dirty little secret.

> ... Said her lawyer said she needed a survey. ... Said my "bid" was "way too high". She had received bids half as much as mine.
>

Did you ask her if she also went with the low-bid lawyer?

> > Not sure why you go with the surveyor based solely on price when you are determined to head to court
>
> Because the general public sees licensure as providing a guarantee of a certain level of competency. They need a surveyor for what they perceive as a typical task for a surveyor - determining a boundary line. The state wouldn't grant a license to someone that isn't capable of performing this basic service, so differentiating by price makes sense.
>
> The fact that there are so few surveyors that another surveyor would trust to work on their behalf in a case like this is our dirty little secret.

Now that is straight talk. How do you fix it?

Why would you have to stakeout a claim? If it was open, exclusive and notorious then they should already know where their 0.58 acres are.

I would ask that they engage my services to review the matter with their attorney to determine the best use of my services for their claim. He may be wasting their time because he is good at arguing but not so good at understanding.

He wants to stake it out so he can start the Statute running ;-).

"Well I need another 50'x100' and my neighbor isn't using all of that lawn so can you stake a rectangle out so's I can get the clock running on my squatter's rights?"

I would have no problem quoting a price.

"It's xxx dollars per hour to do what you have asked, until we are done with it. I'll send you over our contract. I'll need xx hours up front as a retainer."

Seriously, I realize that we will get a "click" more times than not. But it might start a conversation. I try that sort of stuff.

> Why would you have to stakeout a claim? If it was open, exclusive and notorious then they should already know where their 0.58 acres are.

Well, at least in Texas, a suit to establish title by adverse possession has to identify the land subject of the suit by metes and bounds. There's a high cost to losing such a Trespass to Try Title suit, so there's a large value to making sure that the metes and bounds only embrace the lands in dispute. My guess is that wasn't what motivate the caller, though.

I prefer the term "low bid doctor". I'm sure she can find somone with a medical license to remove an appendix in the bed of a pickup if she looks long enough.

I understand and you make a good point but here's the truth. There is an adverse possession claim here but the county is the one that has it. The land is in a county park and has been for at least the statutory period for adverse possession in NC, They have controlled it, fenced it and maintained it. This case would be such a loser that I dont want anyone believing I would be dumb enough to get involved. By performing a stakeout of her "deed" description, I would be guilty of malpractice in NC. Not to mention this lady's tone was demeaning from the start, she doesnt't want a professional, she wants a low-baller (in fact they probably hired the last guy based solely on price). It is the type of client that cant be educated and I try and stay away from.

Here in Ohio I would be in trouble making statements as a surveyor about whether I thought an AP claim was valid or not. It would be the practice of law to give such a legal opinion.

Here, an AP claim is just a claim until a suit is filed and decided by a court. Until then, no title lines change.

My post was not intended as any criticism of your decision.

Your point about the attitude of the caller is a good one. I don't think many of us would want to work for her. The fact that she is calling around to find a surveyor, and not her attorney calling, would indicate that she doesn't have an attorney yet. That's another red flag. I have found that it is usually the attorney who wants to select the surveyor in these cases.

She had received bids half as much as mine.

I think there are a lot of survey firms who don't ask the right questions. I always ask "why do you need a survey?". If you have a website/advertising that states "lot surveys starting at $200!!!!", the secretary answering the phone is going to throw out a similiar amount without knowing what they're stepping into.

Carl, I appreciate your input and didn't take it as critiscm, I tend to be too abrupt on message boards. The process is much the same in NC, however I believe that I can evaluate adverse possession claims and express an opinion. That said, I am cautious about doing so, that's why I said there was an adverse possession claim, not that title had ripened or that they had acquired the land by AP. A court would have to decide that. Surveyors are the ones that would be called upon by the court to give the expert opinion.

You are correct, the only way I work on surveys that are currently in or will be headed into litigation, is if I can first meet with the attorney. I've found that many attorney's don't know or understand what services a surveyor provides. Usually they are like the client and think all we do is place the deed dimensions on the ground and provide a nice, pretty, signed and certified map that they will enter into evidence and say "Golly-gee, looky here Judge, even the surveyor agrees with our case, see where the deed line is drawn!!!"

That said, there are always those surveys and clients that I wouldn't touch with a 10 foot pole at any price - not worth the headaches.

wouldnt you agree Kent that there is a big difference between monumenting an AP claim and creating a description of it as part of preparing the case for trial, vs staking an area on the ground so they can claim adverse possession on it?

> wouldnt you agree Kent that there is a big difference between monumenting an AP claim and creating a description of it as part of preparing the case for trial, vs staking an area on the ground so they can claim adverse possession on it?

If there hasn't been adverse possession already of a character that would arguably be sufficient to support a claim of title, and some trespasser merely wants to try to steal part of another tract, that's something else entirely.