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PROFESSIONALISM
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2/13/2015 at 7:04:44 PM GMT
PROFESSIONALISM

 

PROFESSIONALISM (?)

 

The following Surveyor’s notation was found upon an ALTA/ACSM Land Title Survey plat that has been recorded………….

 

 (John Doe Associates) does not guarantee that evidence shown hereon is correct in each and every detail.

 

Among Surveyors and Attorneys, the meaning of the term “evidence” is persuasive when referring to a boundary location. This is especially true when we define (and certify) a boundary upon an ALTA/ACSM Land Title Survey. We define monument evidence as to type, size, etc., and whether those monuments were found or set.  This, along with the evidence of recorded property descriptions are the combined evidentiary elements which provide a boundary for our client after careful consideration of all such evidence.

Providing such a statement on a plat for recording impugns the goals for which the Land Surveyor is hired and therefore; renders the plat unreliable when revealed. In addition, nothing about such a notation gets the surveyor off the hook for any malfeasance. Quite the opposite is true.

Since this notation is indeed buried within other notes on a recorded ALTA/ACSM Land Title Survey, can anyone offer a rationale that could redeem such an inexplicable notation made upon a plat to be used by attorneys for the purpose of certifying title?

 

Terry M. Scarborough, RLS



2/18/2015 at 12:57:50 PM GMT
Posts: 16
Professional Liability insurance agents tell us to never give a guarantee or a warranty. However, it appears that we have many surveyors so scare of liability that they come up with statements that make little if any sense and really do not protect them. Our best protection from liability is to exercise the Standard of Care required by our profession. Before releasing a survey, we should believe that we have analyzed all available evidence and that in our opinion our representation of the evidence is correct. This is after all the reason the Public needs Land Surveyors. Of course, even giving your best effort will not protect us from all liability any more than wearing a seat belt and driving carefully will avoid all wrecks. Life is just too short to worry about possible liability more than providing quality services to our clients. After all, babies will cry, heathens will rage and lawyers will sue. The statement is at best unprofessional.


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