I bet I know why
I suspect I know why some of our peers may be ignoring the recording law: For financial reasons. I've filed about 500 surveys, so with the mylar about $6 and the recording fee of $24, that is some $15,000 cash out of my pocket, not even counting the effort to make the drawing.
From a purely financial perspective, paying the state board a piddly $800 fine every five years (assuming I got caught) would put me way ahead, assuming I had no shame and didn't care if my peers saw my name in the newsletter under disciplinary hearings.
It makes sense if you have no shame, and obviously some don't.
4) Complain about it on the internet
I had a surveyor call me. He found my tags and couldn't find a record. I was out in the field. I said I'm pretty sure that was a Parcel Map (in California a Parcel Map is a minor subdivision, 4 lots or less). I give him my email and say email me and I will look into it when I get home. No email that afternoon. Several days later I get an email so I respond with the book and page of the PM. It was 9 years ago, I'm surprised it was that long ago.
Not a big deal, I've done the same, surveyor says that's book and page. Sometimes they don't get indexed or I just didn't see it on the assessor's map.
PPM :good: :good:
This is the most proper and correct response to this very topic.
Thank you PPM
Just to be clear on this matter-
If a Licensed Land Surveyor practices in a state that mandates the recording of a plat and fails to do so, such an act is Per Se Negligence and a violation of ethics.
I bet I know why
"...that is some $15,000 cash out of my pocket, not even counting the effort to make the drawing."
Surely you jest! Why would it be "out of your pocket"? The client pays for this!!! Sheesh...
Very good post PPM!
I bet I know why
No, the client doesn't pay for it. All my projects are lump sum, so one could say it is included in the fee, but in any case I could save that much by not recording. I have yet to see a client with any interest in a record of survey, so they don't care. And, I also record when I do a free church survey, so that is definitely out of my pocket.
I work in west central Ohio and in the 5 counties I normally work in, 2 require new splits be recorded in the recorders office. In 1 they only splits under 5 acres (don't ask why they picked that acreage) needs to be recorded, the larger ones are filed in the auditors office files in no particular order. In the other 2, new splits must be submitted to the engineer's map department and a copy gets a book/page number, they are noted as being filed in that book on the descriptions. Retracement surveys are not required to be filed or recorded in any county, unless a new description needs to by written. In the counties that file the survey no fee is asked for so we send in retracement surveys in which we set a pin. In the recording counties if the client want's the survey recorded (I encourage) we record the retracement if not again if we set a pin we send a copy of the drawing to the county engineer to place in their files so if someone finds the pin, if they looked in the files they will know how and why it got there.
In one of they recording counties the new split becomes a taxing parcel once the survey is recorded. If the client wants to change any lines/acreage you need to record another survey vacating any lines affected. It's a pain when it's under 5 acres and regional planning is involved. In the other county until a transferring deed is recorded it is not a parcel and you can change anything you want and record another survey as if the other survey does not exist.
I'm pretty happy with the way everyone handles their records around here for the most part. All have their good points and only a couple have anything I'd change.
I agree with what PPM said. While you haven't identified your state there is a good chance you would be in violation of State Code (XXXXXX) by not contacting the surveyor of record. If you do nothing, you are letting them get away with it....if they are trying to circumvent the recording laws.
I only work in recording states and have encountered this issue on only a few occasions and in each instance there was a valid reason for the survey to not be recorded at the time we found the pins and in the end maps were filed.
#1 - Call them and see what they say. If you get a less than professional response send them an email and CC your board. That should get their attention.