Survey Expiration Date?

The expiration date should be the date on which the survey was completed. We always put the survey date (or dates if it was carried out in sections over a period of months/years) in the main notes.

No surveyor can control what happens once he leaves site, so unless there is an obvious error to sort out then extra visits mean extra invoice.

From time to time we get asked to check out our old surveys (one from 1987 came up earlier this year) and we always quote these on a "time" basis, since you cannot normally tell what changes there might have been until you inspect the site.

Around here, at least for Land Court Plans, we get a 6 month expiration date for field work! Any plans submitted to the Court must be based on field work within 6 months or an update is required. Most of the time we call it "kicking the bounds." It is an effort to require that conditions 'on the ground' are the same now as at the time of the original survey.

I frequently use this when an update is required, even for non-registered land. I just think it's a good idea.

Is there a statute of limitations on surveys in your state? I know that some are based upon discovery of an error, but, how about your state?

Dtp

> Talked to a fella on the phone yesterday that needed a 2004 survey (80 acre pasture) updated so he could put up some fence. I asked if anything had changed or any improvements were now present. Nope. Just needs the survey updated; his survey has an expiration date stated upon it of 2009.
>
> I declined and told him to call the original surveyor (he's still in binnus).
>
> Has anybody else heard of an expiration date on a survey?
>
> I'm gonna start putting them on my surveys. Maybe I'll charge extra to "extend" the expiration date. Or better yet, sell them the "Grande Supreme" that never expires. There would be an additional $5K charge for the upgrade, of course..

exculpatory statement: I am not an attorney nor a practicing land surveyor in the State of Oklahoma. Information provided herein shall not be relied upon by any person, entity or firm and is provided for information purposes only.

(Yes, I recently had a run-in with a member of the bar whom, in my opinion, delved into regions that are beyond his jurisdiction)

Section 475.15.C of the Oklahoma Statutes require the engineer/land surveyor to maintain a copy of the work for ten years after preparation. This may be construed as an expiration of liability.

Case law may define a different requirement and there may be a statute in a different section that has other requirements.

Also, I do not see how a surveyor can "update" another's work. To sign and seal another's work would probably spell trouble for anyone.

One should discuss this with a local, practicing attorney.

Notice: Section 475.2.7a.C allows for "brokerage" of services by unlicensed persons. In my opinion, this practice is reprehensible on it's face.

In some states there is an expiration date required under a licensee's seal. We have sometimes ran into people that thought that it made the survey expire when the license expires.

exculpatory statement:

Ya mean this?

"an expiration date on a survey?"

exculpatory: adjective absolve, absolve of fault, abbolve of liability, absolve of wrongdoing, acquit, clear, clear from, clear from a charge, clear from imputation of fault, clear from liability, clear of blame, clear of guilt, clearing, declare not guilty, excuse, exonerate, free, free from blame, justify, liberate, tending to absolve, tending to clear, tending to pardon, tending to prove guiltless, tending to prove not guilty, tending to set free, tending to vindicate.

B-)

If only that were true. Some people claim that a surveyor's liability extends until one year after he dies.

But back to the original question. That would be great - but I doubt it carries much weight. If it was true I would have started doing this 40 years ago.

I wonder if he saw the expiration date on the Surveyor's stamp and mistakened it for a expiration on the survey.

Oklahoma "Brokerage"

> Notice: Section 475.2.7a.C allows for "brokerage" of services by unlicensed persons. In my opinion, this practice is reprehensible on it's face.

I don't know what reprehensible means, but I think it stinks. :poop:

The main reason this became statute was highly political. The "State Board" consists of Engineers and Land Surveyors, and one chair "at large", the Governor's appointee.

One of our Governors appointed a buddy that was a shady, fly-by-night-get-your-fingers-into-everything real estate crook to the "at large" chair. He brokered surveys on the side, too. After a bit of political maneuvering, the Statute allowing such got stapled to the bottom of some quickie last minute legislation and passed.

And that's how it goes here in the Indian Territory. We don't have crooks, we have politicians. :pinch:

In Oregon, 2 years after discovery or 10 years, whichever comes first.

Oregon Revised Statute 12.280
Action based on practice of land surveying
Notwithstanding ORS 12.135 (Action for damages from construction, alteration or repair of improvement to real property) or any other statute of limitation, an action against a person for the practice of land surveying, as defined in ORS 672.005 (Additional definitions), to recover damages for injury to a person, property or to any interest in property, including damages for delay or economic loss, regardless of legal theory, arising out of the survey of real property must be commenced within two years after the date the injury or damage is first discovered or in the exercise of reasonable care should have been discovered. In no event may an action arising out of a survey be commenced more than 10 years after the date on which any map prepared by the land surveyor is filed under the provisions of ORS 209.250 (Survey by registered land surveyor), or, if no map is filed, more than 10 years after the completion of work on the survey. [1995 c.310 §2; 2009 c.715 §2]

I haven't got the chapter and verse for Oklahoma, but it seems like similar time periods apply:

The following periods represent a small sample of the statutory limitations periods in Oklahoma. Please note that it may be possible to bring multiple causes of action from a single incident of wrongful conduct, and thus even if it appears that the relevant statute of limitations has run it may remain possible to bring a different claim. Also, there may be an exception to the standard limitations period that applies to any given situation. The following list is provided by way of example. If you wish to know how the statute of limitations applies to a specific situation, you should verify the statutory time period and its relevance to your situation with a qualified Oklahoma lawyer.

Contracts: Written, 5 years; Oral, 3 years.

Arizona is one of those states. Had a long argument/discussion with an Attorney in Chicago who wanted me to remove the date. When I finally got him to understand that our BTR made us do it so that we would be reminded not to let our registration lapse he said "That's one of the stupidest requirements I've ever heard of"!

Date of Discovery, and a final. In MI it used to be 5/15 respectively (I think). In AZ it never expires, which for some stupid reason nobody will fight. Most figure it would never make it through legislation, with the sacred liability bubble being why.

The date of your license renewal date has nothing to do with your liability on the date you signed/completed your survey. Separate legislation for Statute of Limitations does.

Surveys do not have an expiration date.

If they did, how would we be able to rely upon the ancient notes of the original surveyor or any other evidence of survey since that time.

Our liability in regard to a survey we have made is something else. Our BOR determines that time period and it is subject to change as rules and laws change.

The local title companies have recently used surveys from the 1940s in their closings and I know for sure that none of the monuments were in place.

I actually think that they make up the rules to suit their needs.

😉