AI Assistant
Notifications
Clear all

statute of limitation & BOR

5 Posts
5 Users
0 Reactions
367 Views
6th PM
(@6th-pm)
Posts: 526
Member
Topic starter
Translate
English
Spanish
French
German
Italian
Portuguese
Russian
Chinese
Japanese
Korean
Arabic
Hindi
Dutch
Polish
Turkish
Vietnamese
Thai
Swedish
Danish
Finnish
Norwegian
Czech
Hungarian
Romanian
Greek
Hebrew
Indonesian
Malay
Ukrainian
Bulgarian
Croatian
Slovak
Slovenian
Serbian
Lithuanian
Latvian
Estonian
 

the statutes in my state read

The limitations set forth shall not apply to any survey unless the documentary evidence of such land survey contains, clearly depicted thereon, the following statement:

"NOTICE: According to Colorado law you must commence any legal action based upon any defect in this survey within three years after you first discover such defect. In no event may any action based upon any defect in this survey be commenced more than ten years from the date of the certification shown hereon."

My question is-

Do this law apply to the Broad of Registration?
or does the BOR have authority to come after a surveyor beyond the 10 year limit?


 
Posted : February 26, 2015 1:13 pm
Ric-Moore
(@ric-moore)
Posts: 841
Member
Translate
English
Spanish
French
German
Italian
Portuguese
Russian
Chinese
Japanese
Korean
Arabic
Hindi
Dutch
Polish
Turkish
Vietnamese
Thai
Swedish
Danish
Finnish
Norwegian
Czech
Hungarian
Romanian
Greek
Hebrew
Indonesian
Malay
Ukrainian
Bulgarian
Croatian
Slovak
Slovenian
Serbian
Lithuanian
Latvian
Estonian
 

It's my experience that this is intended for civil actions and administrative law is not affected by this statute. Your best bet would be to call the board and ask.


 
Posted : February 26, 2015 5:20 pm
holy-cow
(@holy-cow)
Posts: 25672
Member
Translate
English
Spanish
French
German
Italian
Portuguese
Russian
Chinese
Japanese
Korean
Arabic
Hindi
Dutch
Polish
Turkish
Vietnamese
Thai
Swedish
Danish
Finnish
Norwegian
Czech
Hungarian
Romanian
Greek
Hebrew
Indonesian
Malay
Ukrainian
Bulgarian
Croatian
Slovak
Slovenian
Serbian
Lithuanian
Latvian
Estonian
 

That's a new one. Who is this woman that heads up your Broad of Registration? Bored of Registration would be better.


 
Posted : February 26, 2015 6:42 pm
Larry P
(@larry-p)
Posts: 1121
Member
Translate
English
Spanish
French
German
Italian
Portuguese
Russian
Chinese
Japanese
Korean
Arabic
Hindi
Dutch
Polish
Turkish
Vietnamese
Thai
Swedish
Danish
Finnish
Norwegian
Czech
Hungarian
Romanian
Greek
Hebrew
Indonesian
Malay
Ukrainian
Bulgarian
Croatian
Slovak
Slovenian
Serbian
Lithuanian
Latvian
Estonian
 

In a word, NO. Neither the statute of limitations (10 years), nor the statute of repose (3 years) applies to the Licensing Board.

Larry P


 
Posted : February 26, 2015 7:15 pm
RETIRED69
(@retired69)
Posts: 550
Member
Translate
English
Spanish
French
German
Italian
Portuguese
Russian
Chinese
Japanese
Korean
Arabic
Hindi
Dutch
Polish
Turkish
Vietnamese
Thai
Swedish
Danish
Finnish
Norwegian
Czech
Hungarian
Romanian
Greek
Hebrew
Indonesian
Malay
Ukrainian
Bulgarian
Croatian
Slovak
Slovenian
Serbian
Lithuanian
Latvian
Estonian
 

WOW!

So now you have to "mirandize" your clients for the law to be applied?


 
Posted : February 28, 2015 8:25 am