A current project involves splitting roughly 70 acres into three equal-area tracts. No two pieces are similar in shape. This project is for three contentious siblings who inherited the entire tract together. Two siblings are using the same attorney. The third has her own attorney. I have been told they do not behave well when all are in the same place. One sibling lives a mile from the parent tract. Another is in an adjoining State. The third is in a different State.
Experience has taught me to avoid family fights. Stupidity caused me to agree to tackle this survey.
It became obvious that the siblings wished to be present throughout the survey process so as to ensure that one of the other siblings didn't influence us in some fashion. I derailed that thought by making it clear via the two attorneys that we would tolerate that distraction and issued the warning that should any sibling show up while we were working we would load up and leave and not return. We could not be influenced by any of them if they would simply all stay away until we are done. Once we are completely done I will contact the attorneys and have a date and time set for the siblings AND THEIR ATTORNEYS to meet with us on site. If there are any problems presented at that time we will work to a new plan with additional payment procedures in force and again with no relatives present while we make any modifications agreed to by the siblings.
We completed the field work this afternoon. From a distance it would appear we have not set any monuments. They are there but no one will stumble onto any of them. We will arrive about an hour or so ahead of the scheduled family/attorney party and bring them into view and place brightly painted 6-foot steel posts adjacent to nearly all of them.
I personally do not see anything wrong. You need to do the work uninterruoted, and then present the final product.
The clients being there during the actual field work would be a distraction, in my opinion. There are too many things that are a part of our field procedures that the layman would not understand, and could be misunderstood.
Nothing wrong with that at all. I have done it many times. In some cases that is the only way it can be done without a big problem.
Might call it 'Stealth", I would not call it "Deceitful".
I'm still trying to understand how one lawyer can represent the interest of two sibling in this matter? There in lies a problem. What is deceitful or stealth about what you have done?
Dtp
I always tell the client if they want to help the price is double .
I would call that "Independent" surveying, not Stealth or Deceitful. A good solution to a tough problem.
1
Looks to like you've made every effort to clearly and openly eliminate any potential claims of bias while you performed your work. I always walked the boundaries with my clients, sometimes accompanied by the neighbors, after I completed my work. I believe you are operating appropriately.
What a great idea!