He tells me that he does not check with a pin I set 1996 - By 0.5'
His explanation and his details of his re-survey makes since to me and he is quite possibility correct.
(three weeks go by and I've since reviewed the file and field notes since the last call)
He calls me from the road yesterday, as he is traveling to AZ to do 9 Gas Station ALTA surveys due next week - (as if I need to know this??)
He asks me what I'm going to do about?
I tell him - I'm not going to do anything.
He then asks if I'm going to file a new plat or pull the pin?
I tell him - No, I'm not going to do that either.
He seemed a bit indignant about my response.
I tell him that even if my pin is out of position and if I pull it, there is a survey on file with the county indicating who and why its' there. And is that not why you are calling me in the first place? Secondly, the property has changed hands 3 times since my 96' work and my client is long gone. Third the statute of limitations has run its' 10 year course. Fourth, a new plat deposited by me would not add anything that your new plat won't.
-I'm sure he wanted me to pull my 1996 pin so that he would not have to deal with any explanation to the client.
Tell im that if he pulls your pin, he will be in violation of destroying monumnets, and a $250 fine! If I found yours .5 off, I'd be YIELDING to it, (Unless it looked like it was hit by a firetruck)
In the woods, .5' is sorta like 0.04'!
N
Tell him that you have 20 local surveyors providing bids to pull out the pipe, but it will need to be to your standards and you probably wont pay them for 6 months.
Funny!
Six months? Wow, that would be an expedited payment based on my past experience (note the singularity in that statement).
Statute of limitations
"the statute of limitations has run its' 10 year course"
Not to hijack the thread, but what state are you in. Here we have no statute of limitations at all. Liability lasts forever...
Statute of limitations
> "the statute of limitations has run its' 10 year course"
>
>
> Not to hijack the thread, but what state are you in. Here we have no statute of limitations at all. Liability lasts forever...
I'd like to not hijack the thread either, but here in Washington, the clock starts ticking upon discovery.
Statute of limitations
Colorado
13-80-101. General limitation of actions - three years.
13-80-105. Limitation of actions against land surveyors.
(1) Notwithstanding any statutory provision to the contrary, all actions against any land surveyor brought to recover damages resulting from any alleged negligent or defective land survey shall be brought within the time provided in section 13-80-101 after the person bringing the action either discovered or in the exercise of reasonable diligence and concern should have discovered the negligence or defect which gave rise to such action, and not thereafter, but in no case shall such an action be brought more than ten years after the completion of the survey upon which such action is based.
(2) For purposes of this section, "land survey" or "improvement survey" means any survey conducted by or under the direction and control of a land surveyor licensed pursuant to the provisions of part 2 of article 25 of title 12, C.R.S., and includes but is not limited to professional land surveying, as defined in section 12-25-202 (6), C.R.S. Nothing in this section shall be construed as extending the period or periods provided by the laws of Colorado or by agreement of the parties for bringing any action, nor shall this section be construed as creating any claim for relief not existing or recognized on or before July 1, 1979.
(3) (a) The limitations set forth in subsections (1) and (2) of this section 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.
(b) If any survey is performed that does not require documentation, the limitations set forth in subsections (1) and (2) of this section shall nevertheless apply if, not more than ninety days after the completion of the survey, written notice of the provisions of this article is provided to all persons holding an interest in the property upon which such survey is conducted.
Source: L. 86: Entire article R&RE, p. 698, § 1, effective July 1. L. 87: (2) amended, p. 1577, § 19, effective July 10. L. 2006: (3)(b) amended, p. 339, § 3, effective August 7.
Editor's note: This section is similar to former § 13-80-127.3 as it existed prior to 1986.
ANNOTATION
This section contains a 10-year statute of repose that sets a date after which a claim may be barred whether or not an injury has been discovered previously. Cornforth v. Larsen, 49 P.3d 346 (Colo. App. 2002).
Under the plain language of this section, in order for the 10-year statute of repose to apply, a survey must contain the notice required by subsection (3). If a survey does not contain the notice, the 10-year statute of response has no application and a plaintiff may sue a land surveyor outside of the 10-year time frame. Cornforth v. Larsen, 49 P.3d 346 (Colo. App. 2002).
Statute of limitations
We do have a statute of repose here in Arizona, but attorneys tell me it does not apply to surveyors :-/
Nate
In the woods, sometimes 10' looks like 0.04'. I've seen some where 100' looked like 0.04'.
🙂
Jim
Texas is ten, but there is this two year thingy in there like it could make it 12.
I'm still liable for EVERY survey I've done. Won't be shed of a few for 2 years and two months.
😛
Jim
In NC there is a 10 year Statute of Repose on surveys. You can't be sued. Our board will go after you with no time limit if a complant is filed. 5, 10, 15, 20, 25 years. It dosn't matter.
Mike Evans
NC PLS
Usually the statute of limitations is X years from discovery, not when the work was done.
> Fourth, a new plat deposited by me would not add anything that your new plat won't.
>
>
That's quite an assumption that he plans on filing plats for any of his fly by night surveys. 9 gas station ALTAs surveyed, drawn, and sent by one crew in 1 week? Sounds like windshield surveys supplemented by a little pocket tape surveying.
Mostly these guys crank out junk drawings of junk surveys for their clients but never file something in the public record where it might be subject to future scrutiny.
> Mostly these guys crank out junk drawings of junk surveys for their clients but never file something in the public record where it might be subject to future scrutiny.
But that is just the point, isn't it? If Broker Surveyor can get 6th PM to either move his pin or file an amendment then there is no discrepancy with the record, hence no requirement for Broker Surveyor to file a survey of his own. If 6th PM won't, then Broker Surveyor is on the hook.
We should give this Broker Surveyor the credit for trying to conform with the law rather than just blowing off his responsibilities.
Is he re-surveying the tract you surveyed or an adjoining tract? Did you follow the order of monuments when replacing the monument? Did he check his measurements before calling you?
I have had this done to me and the guy did not measure correct. Your guy may be one of those turn and burn surveyors. I would hold your corner because you may have some evidence that I may not have. Before I called you saying it was out, I would see if I was missing something in the evidence. That's just me.
> Is he re-surveying the tract you surveyed or an adjoining tract? Did you follow the order of monuments when replacing the monument? Did he check his measurements before calling you?
>
> I have had this done to me and the guy did not measure correct. Your guy may be one of those turn and burn surveyors. I would hold your corner because you may have some evidence that I may not have. Before I called you saying it was out, I would see if I was missing something in the evidence. That's just me.
It's the adjoining parcel in a metro, lot & block subd.
His procedures seem to be spot on and his measurements are good.
I'm sure that he is correct and that my 14yr old pin was placed wrong.
It's kinda funny that he was able to track me down.
To say that he was diligent in doing so is an understatement.
Great story! I had a similar experience with one of these survey broker guys recently. Wanted me to move an iron set in concrete about 0.5 feet. It would have made his adjoining survey work nicely he said and I don't doubt him, but there were 5 other irons set in concrete on my parcel that now would not work so nicely. He wanted to know what I was going to do about it. What? I informed him that as stated on our survey, we found these monuments in place and they checked out well with surrounding monumentation, matched legal description, highway right-of-way, etc. We used them as found, issued survey, recorded a subdivision plat based upon them and had no intention of changing anything now even if he was right. He was not happy and even called again when he drove back from 3 states away to "finalize his survey" and wanted to know if I had decided to do anything about the "problem" with the monumentation. I told him, yes I did, I decided to do nothing and leave my survey and subdivision as is to match the existing found monumentation that has been in place and used for several years by us and other surveyors over the years. He said he had also spoken to another surveyor of different adjoining parcel and he pretty much told him the same thing. What?
