Among my many current projects are two for Client A and one for Client B. Client B is a first timer for a survey job, but, we have done business in the past relative to my farming activities. Client A has been a fairly regular survey client for a number of years.
Here's the problem. Client B has made it clear that he does not want anyone to know I am doing a survey for him until it is complete. The obvious reason is because his adjoiner has done something that negatively impacts Client B's property, as will be clear to anyone upon completion of the survey. The adjoiner is Client A. A different surveyor established the adjoining tracts owned by Client A and Client B simultaneously. I am merely following the record subdivision plat and searching for existing corner monuments and replacing any that have been disturbed, obliterated or lost.
Tight little spot for a big fellow like me to try to fit into.
Kiss Client A goodbye. Or refuse to work for Client B and when Client B gets a survey done by another surveyor Client A will ask you to do another survey for him to see if Client B is right.
I sure hope your Client A and Client B aren't headed toward some situation like these two found theirselves in;
(Good fences make good neighbors...)
Although nothing ever came of it, once in a very long while God and the devil inspected the property line together. After walking what seemed like forever they came to a place where the boundry was in shambles and bits of hell were intruding into heaven.
Without looking at him as they continued God said to the devil, "Your people have to clean that up."
The devil, trudging along, just snorted.
God repeated that it was his responsibility to fix the mess he had caused and the devil replied there wasn't a hope in hell.
This went on as they walked while God patiently explained that his people had obviously caused the problem and they were responsible for the damage. The devil, who enjoyed needling God, pointed out that doing the right thing wasn't his job.
God, forgeting himself for a moment, shot back, "Fix it or I'll sue you!"
The devil just laughed and answered, "Oh yeah? Where are you going to get a lawyer?"
😀
Tough spot to be in.
However, the results of your client B survey should be the same even if you were working for client A (right?)
Your function as a duly licensed practitioner authorized by your great state, is to determine boundary lines in a non biased, impartial manner.
Having said that - Client A, once finding out that you are on the other side might be a little upset. And approaching Client A would be a breach of what Client B has retained you to do.(?)
Is it possible that you could explain to Client B that in order to properly establish and determine the boundaries that a complete investigation, which includes contact with all adjoiners would be necessary?
> Among my many current projects ...
This is a tough one.
Need to buy Client B breakfast or lunch & explain this right away.
Then do the same for Client A AFTER you have explained to B that you are doing so.
Explain to BOTH that you are willing to walk away from this particular project in the interest of maintaining a LONG TERM relationship with BOTH.
However, on the other hand, also let them know that if they wish, maybe you are in fact the best one for this project since you already have a relationship with both, and that you are clearly unbiased and simply will be marking "the line".
If not letting Client A know that I was conducting a survey of a common boundary was a condition of employment, I would decline the project. I would want BOTH adjoiners to have confidence in what I was doing and not being "up front" with both of them is a sure way to erode that confidence. Also, I see no point in NOT letting Client A know about the survey until it's done.
I think had I been in your same position, if I didn't know Client A was the adjoiner at the time, then realized it upon some research, I would have talked with Client B and explained that you have performed a number of surveys and have an ongoing business relationship with Client A. I would then requse myself for fear of not appearing to being impartial in the eyes of both parties.
I understand the requirements should not be any different regardless of who you are working with/for, I just think I would avoid any type of situation that calls into question any potential conflicts.
The only way to avoid the "appearance" of partiality, is to always remain impartial. Never take a job where a client won't allow you to talk to a neighbor about the boundary line you're locating. It's part of your job. It's a requirement of the standard of care.
You're not running A's line or B's line. You're running the boundary between A and B. Attorneys are advocates; engineers are advocates. Land boundary surveyors can never take a position of advocacy and they should never place themselves in one.
I'd have no problem with the survey at all. I do recognize the problem with B. B needs his preconception about surveyors and boundaries adjusted.
JBS
Disclose, disclose, disclose.
My opinion is that both parties need to know . I would not get sideways with a good standing client for a new one. If he wants you to do this under the radar, I would be seeing red flags .
I wouldn't waste your time working for a coal or oil company.
Privacy rules!!! The adjoiner doesn't pay for the survey.
> Privacy rules!!! The adjoiner doesn't pay for the survey.
There is a huge difference between surveying a boundary and disclosing the reason why your client wants to know where the boundary is. You are required, when locating the boundary to obtain the evidence necessary to determine its location. That evidence is often recovered through a discussion with the neighbor. If the evidence is there, and you failed to gather it, then you're liable for any mistakes you made through your failure to gather it. Simple as that.
Disclosure of private information that you've been made privy to, such as why the client wanted the boundary located (he's selling to WalMart, for instance), is definitely not appropriate. What a landowner is proposing to do with the land is completely unrelated to where the boundary is located.
The adjoiner might not pay for the survey, but they certainly have a vested interest in the boundary location.
JBS
Do you have any updates for us?
Did you make any changes to your approach?
How is it going my man?
If I could not disclose to party A what I was doing surveying one of his property lines, I would respectfully tell party B that it would be a conflict of interest to continue and suggest nicely that he call someone else.
