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Temporary Easements on ROS

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mike-berry
(@mike-berry)
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but we can get sued for anything at all. Even for stuff we do absolutely correct

We see eye to eye on that, but why up the odds by caving into the whims of ill informed clients, attorneys, planners, engineers, project managers, realtors? I've seen so many surveyors and their projects get wrapped around the axle by outside interlopers imagineering stuff to put on their surveys. Mainly on plats - subdivision or partitions creating new lots and parcels. Attorneys are the worst, of course, but if the surveyor holds the line, informs the attorney you can't do [X] on a plat because [insert pertinent law citation here], they will back off and likely respect the profession more than had the surveyor meekly agreed to putting a condition on the plat's declaration that only red begonias can be planted along the margins of driveways*. Or other such folderol. 

 

*ORS 92.050(9) would stymie this proposed wording


 
Posted : August 28, 2023 4:04 pm
chris-bouffard
(@chris-bouffard)
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@mike-berry over the years I have argued with many and am not ashamed to have held up the closings on a few multi million dollar transaction with outside influences trying to dictate my wording or what I show.  In the end, the liability comes to me, not them and I stick to my guns.  I also refuse to certify to attorneys that have no financial skin in the game of any transaction.


 
Posted : August 28, 2023 5:09 pm
mike-berry
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In the end, the liability comes to me, not them and I stick to my guns.  I also refuse to certify to attorneys that have no financial skin in the game of any transaction.

Good on you mate. That right there is a master's class in the duties and responsibilities of a professional land surveyor all wrapped up tidy like in two sentences. By covering your a$$ you are more importantly protecting the public, which is written into all of our professional canons of ethics and conduct from Atlantic to Pacific. .


 
Posted : August 28, 2023 7:41 pm
rover83
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By covering your a$$ you are more importantly protecting the public

Eh, sometimes.

Other times CYA can hurt the client and the public, all in the name of trying to minimize liability that isn't going to go away just because we froze off a layer before plotting that survey.


 
Posted : August 29, 2023 7:24 am
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