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Who can request a survey
Who can request a survey
Hello everyone,
In ‘Evidence and Procedures’ chapter 2, Principle 4 states the survey request should be in writing, usually from the client.
I get request from realtors and attorneys to survey a property for a client whom they represent. I note who made the survey request on the plat in the surveyor notes.
My question is can some one not affiliated with the ownership of a parcel request a survey for said parcel?
I’m not talking about an adjoiner because they have a some right to a boundary line.
Here’s a situation I declined: An adjacent owner wanted to purchase the south 10 feet of his neighbor’s lot. I requested written request from that owner before I survey. My client did not provide that document so I declined to survey the 10 feet.
Thanks,
Dan
- 14 Replies
Interesting question. I hope some people jump in and answer it.
I get requests from people who are going to buy often. But, I’m in such as rural area, it is usually pretty easy to confirm with the property owner. So I don’t often worry too much about who requests the survey. Now there are some folks who pay up front when they don’t own some interest in the property, but I still check with the property owner real quick to make sure they are aware of the deal with their own property. So far, no funny business.
Anyone can make a request. Getting a request from the owner could put them on the hook to pay for it seems to me. Surveying without the owner’s knowledge and/or consent may be a different issue. I might be a better idea to get the owner’s written permission rather than a request.
The OP’s question is interesting. To do a 10 foot strip requires a signed form from the grantor and grantee, either may request the survey, but without that form I won’t start. Unless it’s an old client I do lots of work for, that’s when I will bend the rules.
I know of a situation about 30 years ago where a fellow hired a reputable survey firm to document about 30 properties in his city. He was having a pissing match with the City over improvements he had placed in an area which he did not own but was typically allowed to use. (Think of a front yard between the sidewalk ‘true property line” and the back of curb.) He had gone in search of other examples around the city where others had done something similar yet did not get notified to make changes to keep the city happy……….including the mayor’s front yard! He was one of those fellows who has more dollars than “cents”. The newspaper picked up on the story and made it appear this was a personal grudge match aimed at the citizen. The City caved. Those improvements are still where he placed them 30 years ago. He died about 10 years ago after selling that property. Most everyone involved from the City side has either died or left the area. Now, no one knows or cares about that battle. (Well, except me and a few people connected with the survey firm.)
In ‘Evidence and Procedures’ chapter 2, Principle 4 states the survey request should be in writing, usually from the client.
What edition do you have? I don’t see that principle in my copies.
@norman-oklahoma Fourth Edition.
The sentence I am referring to is located on page 17. It is number 1 for the process of preforming a complete survey.
I have a vague recollection of some case law (not sure at what level) in California upholding the right of a utility company — it might even have been a private company — to enter properties along a proposed utility route to conduct a survey, in spite of the owner’s refusal to grant entry to the surveyor. That would lend credence to the notion that anyone can request a survey as long as there’s a bona fide reason to do so.
I have a vague recollection of some case law (not sure at what level) in California upholding the right of a utility company — it might even have been a private company — to enter properties along a proposed utility route to conduct a survey,
I believe that you are thinking of eminent domain. Oregon has a statute that allows for entry to survey (and other reasons) in such cases.
The sentence I am referring to is located on page 17 [4th edition]. It is number 1 for the process of preforming a complete survey.
It is on page 21 of my 6th edition. The section is dealing with collecting evidence. The statement about getting a request reads thus:
“A request, preferably in writing, for the survey is obtained, usually from the client or preferably from the title company.”
That language is very indefinite. It merely suggests what would be nice to have. Good business practice but not something that must be done as a matter of principle. By these words the request could come from anybody – including the surveyor himself – and could be sent by smoke signals.
In any case the section is discussing the collection of evidence, and the circumstances of how and by whom the survey is requested has nothing to do with that.
The analogous section in the 1st edition (page 11) makes no mention of a survey request at all. This may be an example of Mr. Robillard adding irrelevant personal preferences into Brown’s books.
This topic is hot in Iowa at present. The statute allows entry with notice, which usually is for a survey requested by a neighbor.
There are companies wanting to put pipelines through, and landowners objecting. Not a pleasant situation for surveyors hired by the compa ies.
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Half of our clients do not own the land, it seems. Our contract requires the client to secure all needed permissions to provide the necessary access on site.
I had one survey about 6 years ago where the landowner showed up and kicked the field crew off site. The landowner supposedly was working with our client on a land swap, or exchange of easements. It seems the relationship either broke down before we got on site, or never existed in the first place. Never went back to the site. Client paid for our time out of the retainer he paid.
Exactly. Permission is a part of the proposal. Haven’t been kicked off by a landowner yet. Probably happen this week now
I believe that you are thinking of eminent domain.
A taking via eminent domain may have been planned, but as I recall it hadn’t been completed, and the survey was to determine feasibility of the route.
A taking via eminent domain may have been planned, but as I recall it hadn’t been completed, and the survey was to determine feasibility of the route.
Only twice, in all the years I did engineering surveys, did we have to, but in Georgia right of access can be granted by the courts. It’s basically the same procedure as Eminent Domain, just before the property is actually required. When we obtained the legal right of access we did have law enforcement onsite while the surveys were completed.
Andy
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