I got two calls today from people asking for information on lots where I'd done the boundary surveys and plans for conceptual divisions into lots, but was never asked to complete. And in both cases (two separate surveys, towns, etc.), someone had "finished" the job, using my base surveys, created new lot lines, and sold the lots.
In both cases, the deeds reference plans done by me, which I never finished and weren't recorded, and they don't represent the lots that were conveyed. WTF.
This is Maine, so there's no recording law, and lots can be sold by deed.
Better start slashing your prices!
Invoice the Developer and the other designer for the value that you obviously brought to the project.
> In both cases, the deeds reference plans done by me, which I never finished and weren't recorded, and they don't represent the lots that were conveyed. WTF.
In Maine, do deeds typically reflect the name of the attorney who drafted the instrument? Were both the product of the same office? I gather that the real problem is that someone has made a mess and has fraudulently attributed the whole effort to you. If an attorney was involved, he or she would be the leverage point, I'd think.
From what you've posted, I gather that you'd be fine with having correction deeds drawn up with descriptions that didn't name you as the author of the descriptions contained in them.
Were you paid for your base?
Just not the subdivision?
Then, whoever did the sub, PROBABLY added lines, and made it LOOK like your product.
Makes me wonder.
This happened to dad once. The local guy tried his hand at "Surveying" goobered it, and the tax office called, to tell us about our mistake. We asked for copies, and found the individual who did it.
Turned out we re did it, and charged him for our work!
N
Yeah, I don't have a problem with another surveyor taking over my work. But these are cases, I can only assume, of someone punching my plans into CAD, and then coming up with their own new lines. Which I don't like, since it's surveying without a license, and especially since they're then saying that it's my product.
I've never been in favor of mandatory recording of all plans, but think that it should be required when new lots are created.
Hmmmm, let me get this. You did a boundary survey on a couple lots, or at least the perimeters. At the clients request you drew some lines on a map that showed a possible land division scenario, but none of those lines were staked and you did not provide descriptions. Somebody else did.
Seems you are odd man out for any compensation from an obviously bad client. How about if you have the original maps with just the perimeter lot dimensions recorded ASAP. You could include a handy note to address the obvious misuse of your intended deliverables so you get warm & fuzzies. Just because ME has no survey recording laws does not mean you can't record it. Ok, good money after bad but it seems it would CYA and maybe somebody would get a wake up call when the next title company may see something rolling downhill.
Now it's public record, as they all should be anyway (another topic).
We've all prepared preliminary layout plans for such projects. Never seal them, dimensions to the nearest couple feet, and leave off the North arrow and scale. Ok, North is good but let them figure out the scale. 😉
I think what you describe is a criminal act. Identity theft like this will surely have your neck on the chopping block when some problem occurs in the future. And have no doubt, there will be problems.
Time to contact the licensing board to head off any problems with you being reported for deficiencies with the work.
Then you retain the services of an attorney who is skilled and experienced in identity theft.
Good luck. It may be a bumpy ride.
Larry P
I'm not complaining about the money, I got paid for what I did and provided them. Just bent about what seems to be unlicensed surveying, and them pretending that it was me who did it.
What you have here, is LIABILITY, and ZERO compensation. Since it LOOKS like you did it.
Isn't there some sort of a statute against mis-representing it as your work?
Call em back. Learn all you can. Find out if they are friends of the developer. If not, offer them a free survey, if you can get compensated for the mess..... they might help you!
N
> What you have here, is LIABILITY, and ZERO compensation. Since it LOOKS like you did it.
Exactly. But I also think that this would be tough to fight, because there's no plan produced by whoever did this. And the deed is referencing one that I did do, and even though it doesn't show the lines described in the deed, the average person wouldn't know it, as my plan's not recorded.
I was going to chime in with something else, but this is much better.
This is actually pretty messed up. I thought another surveyor took over the job. This is really just a misrepresentation of your work. As far as "liability" I can't see that you really have any beyond the work you did and were paid for. These other, erroneous documents do not contain your seal or signature.
John, that is called FRAUD and should be reported to your state board ASAP!! Otherwise, when things go South, and they will, somebody will try to sue you and you will have a hard time documenting your innocence.
PLUS, I'd get the name of the Attorney that created and filed those legals and then I would report that to the State Bar Association. I also would get me an attorney and begin proceedings of fraud against him also.
You are in a precarious position right now. Your word against that of an agent of the court?? How far do you really think that will fly?