I got a call from a homeowner to have a lot line surveyed. They've owned the property since the 70's. It's a metes and bounds description, as are the neighbors. Everything starts out well, first few monuments are found and are just about dead on. Turn the corner and the found monuments aren't agreeing to the deeds by about 1.5'. There are survey stakes out there marking the lot lines so I get the feeling that there has been some survey work going on in the not-too-distant past. One of the neighbors pulls in and I ask if they are aware of any surveying going on. They said that another neighbor had someone out there. I go to talk with them and they indicated that they had some work done. I want to see if I can get a copy of the plats for that work so I left a card.
Meanwhile my client calls and says that she sees me talking with the neighbors and is kind of pissed. When I get done, I walk the lines with her and explain the discrepancies I found. She says that it was very unprofessional of me to talk with the neighbors without consulting with her first. I explain that my discussion with them was part of my investigation of the property lines. She's still pissed.
I wasn't aware of any issues with the neighbors, she just wanted to know where the lines are.
Did I betray my clients interest by talking with the adjoiners?
Doesn't seem to be a huge blowup, but it made me feel bad that she felt that way.
uh, that's her problem, not yours. she hired you to do your job, which you're doing. she may be operating under the assumption that she hired you to do "her" job, but she'd be wrong. all you have to do is make that clear.
I would have talked to the neighbors as well. I'm not sure if she was concerned of the neighbors knowing her business of if she was being a controlling individual. Either way, she needs to be assured you are acting not only in her best interest, but in the best interest of the public in general. My 2 cents.
I had the same thing happen several years ago.
Part of the reason I don't like working for private residential clients anymore, they get too emotional about it and get touchy when you talk to the neighbors which is essential especially when there is a conflict.
While she is your client, you serve the public.
It sounds like trouble.
Yup, I've been chewed out because I dared to talk to the neighbors, but the fact is you can sometimes learn critical information by chatting with people. If they don't want anyone to talk to "those people" they should have hired a drive-by surveyor.
To me that is an integral part of your research. Many times I've adjoiners show/tell/give me information that helps solve the jigsaw puzzle.
Andy
I think it is a common perception when folks hire a surveyor, that the surveyor is somehow going to represent their interests exclusively, like an attorney. After all, they're the ones writing the check and feel threatened by any input from a third party they may already have a disagreement with. You would be derelict in doing your due diligence if you did not talk to the neighbor.
Just because I'm paranoid, doesn't mean they aren't out to get me.
Getting information from a neighbor is ethical - and in some states required. Or can assume to be required under regs that state you will gather ALL available evidence.
It would be unethical to share your results with the neighbor if your client says don't.
Agree wholeheartedly
Talking with the neighbors
by flyin solo , Austin, Texas, Friday, March 07, 2014, 17:40 (1 hours, 30 minutes ago) @ JB
uh, that's her problem, not yours. she hired you to do your job, which you're doing. she may be operating under the assumption that she hired you to do "her" job, but she'd be wrong. all you have to do is make that clear.
"Did I betray my clients interest by talking with the adjoiners?"
Of course not, you approached and managed the situation as a professional. :good:
I think that some people just forget that what they think of as "their" boundary is someone else's as well.
It sounds like trouble.
I got the same feeling when talking with the neighbors. I talked with them separately and each of them sort of rolled their eyes. I think my client is out to stir up some s**t.
So how do you tell a client that you won't be continuing with their project?
Thanks for your thoughts, it makes me feel better.
> So how do you tell a client that you won't be continuing with their project?
> Thanks for your thoughts, it makes me feel better.
I'd say: "I assume that my clients hire me because they want the benefit of my expertise in answering some important questions about their property. If you don't want me to actually do what in my opinion needs to be done to get those answers, I think you'd be happier with another surveyor."
She wouldn't like me then. I send out letters to each adjoiner saying I am surveying a property in the neighborhood (I don't say which property I am surveying) then ask for any maps or deeds the might have so I can make copies (CT is a non-recording state).
In the letter, I also inform the adjoiners that I will be near or possibly on the property to locate boundary evidence, then I cite the state statute that allows me entry. Makes life a lil' easier for me.
When one side expects you to get in the middle of a spite match, it is a no win. There is nothing wrong with talking to the neighbors - if anything it is a professional standard of practice.
If you have the time, listen to everything, screen out the personal attacks, and you sometimes get valid, legal evidence on where the recognized, true, boundary line is on the ground. Sometimes all parties knew about discrepancies between measurements and property lines on the ground for decades, and the landowners testimony is the best, most accurate, and true legal evidence of the line to be retraced on the ground.
ww co pls
Have a nice day! Or, may your monument prevail over some guy's touchscreen.
You're not an advocate for your client. Your job is to examine all available information to form your professional opinion of the line's location. This includes speaking with anyone who may have knowledge of its location.
Judging from the post and the responses, it might be a good idea to run through a list of things that you will need to do in order to execute the survey up front. Everyone has their own expectations as to what's involved with a survey and it' usually wrong (or incomplete).
Kent - I go as far to include the following line on all my contracts, among others: "We assume full responsibility for executing applicable professional standards. All procedures related to surveying shall be defined by (us)."
I do not want any layperson telling me how to do my job!
ww co pls
Have a nice day! Or, may your monument prevail over some guy's touchscreen.
Yes, I always talk with any and all the interested parties I can. That is a part of the service I offer. I listen to lies all the time, from adjoiners, and from clients. I am a professional. That is part of my job. I sort them out. This is why your bill is 1500.00-2500.00. I have to render a professional opinion. Based on evidence. If you want a survey, NOT based on evidence, you should have hired someone else.
Sometimes I find evidence of moved stakes, or where utility companies moved stakes. Sometimes I find people that admit to setting their own stakes.
I don't believe everything I hear, and neither should you, or anybody else.
Shall I continue your job?
Nate