Voice on phone message: When you have time I need you to stick a red flag in Leo's field so we can get some fence built out there?
Let me explain. We did a survey over 15 years ago to separate about 10 acres off of a quarter section so the parents could deed their son a tract to build a new home. Now they have sold the remainder to someone else. No need for a survey, right? I mean there was already one done and paid for years ago. All they want me to do is find the bars and stick flags on them.
Now the bad news. These are long time family friends who truly believe this is all they need. They have no concept of the extension of liability involved. They are assuming I can just drive right to three bars and stick flags on them. Surely won't take 10 minutes, will it?
"Guys, I'm awfully busy. I don't think I can get out there this year. Why don't y'all give someone else a call and see if they can get there faster."
At least then you will have the advantage of someone else making them freak out over the price.
Is there really any liability in going out and finding and flagging pins in the ground?
Are you certain they are the same pins you are flagging and in their original location? That's one. Two: What would happen if a fence got built in the wrong place and the client said "that's where the surveyor told me the line was"? I think you will be presumed to have enough knowledge to know where the property is as a licensed land surveyor whether you "claimed" you were just marking where steel was in the ground. I would think that a lot of courts might think you are being deceitful if you said that you were only marking "some steel" and not necessarily the boundary. The fact that they had a land surveyor out there, means reliance on you....just as if they hired a licensed plumber to look at their pipes; they would expect a professional opinion.
(P.S. my business phone doesn't ring when I'm not at work 😉 )
