We are working on a cell tower lease area. The client is questioning our procedure of setting monuments around the leased parcel area. We have looked through the laws, standards of practice and board rules and can't find anything pertaining to this. What are your procedures/standards of practice in your state? Does anyone in WV know where we can find something in writing that we could show the client?
David,
On the few I have worked on, the client wants corners set on the lease area and any guy easements that exist, or are proposed. I just use the same standards that are in effect for property corners.
I am licensed in TN, AR, and MS.
I hope this helps.
Jimmy
That's what we do as well. The client has made some changes on this particular lease and I don't think they like the idea of having to pay us to go back out and pull the previous pins we set and place new ones. They keep saying that it's an easement and it doesn't have to have corners set. It is clearly stated in the B,C & L book that it is a leased area. I believe that would have the same standards as a boundary survey.
Explain to them that in the future the existing monuments vs. the legal description may cause some confusion and could be a basis for legal action. Resetting the monuments to match the legal description may be the best money they ever spent.
Do you have a copy of TITLE 23,LEGISLATIVE RULE,BOARD OF PROFESSIONAL SURVEYORS,SERIES 5,STANDARDS FOR THE PRACTICE OF SURVEYING IN WEST VIRGINIA?
I have a PDF copy I can email to you.
Yeah I've got a copy of it. I know the standards. I guess I should have been a little more clear about what I was asking but I was typing this and carrying 2 conversations here in the office at the same time.
The client contends that this is an easement and doesn't have to have corners set when in fact the B,C & L book lists it as a lease. Therefore, in my opinion, it would fall under the same standards as a boundary survey. I was just wondering if anyone had come across a similar issue and what their opinion was. I think it just boils down to the client not wanting to pay for us to go back, pull the old corners we set based on their original specifications, and set new monuments.
David,
Please excuse my ignorance, but what is a BC&L Book?
Thank you,
Scott
Bonds, Contracts and Leases
No worries