Record of survey not optional

MikeTurnrose · Post by **MikeTurnrose** » Thu Aug 23, 2012 9:18 am

I provided an estimate recently to do a boundary survey/topo survey for a major remodeling project and the quote included a record of survey map as one of line items. An ROS would be required for this property whether you set monuments or not, because it's a property not shown on recorded ROS, sub. map, PM. The boundary would need to be established. Client thinks that it's not required. In fact, he said that the other quotes he got included the ROS as optional. In my opinion, it's not optional. I feel like I'm fighting an uphill battle on this when other firms aren't clear on the law or are not complying. What is the best option to tell the client? Refer him to the Board, send him the PLS Act,??

LS 4722 · Post by **LS 4722** » Thu Aug 23, 2012 9:40 am

MikeTurnrose wrote: What is the best option to tell the client?...

Tell him your price. Tell him it is state law and cannot be circumvented. Then tell him Goodbye cause he will probably call someone else who wont file.

land butcher · Post by **land butcher** » Thu Aug 23, 2012 3:42 pm

There are some counties that do not care if the deed split was after 1972. If it's shown as 2 parcels on their assessors maps that's good. I lost a job because another surveyor knew that and I didn't.

E_Page · Post by **E_Page** » Thu Aug 23, 2012 5:03 pm

What Woodcutter said. It may do no good, but it may give the would-be client something to consider.

Ric7308 · Post by **Ric7308** » Sun Aug 26, 2012 8:33 am

Mike, let Ray or I know if you would like our help in educating the client on this issue.

Jay Wright · Post by **Jay Wright** » Sun Aug 26, 2012 4:01 pm

I put it in writing to my prospective client that it is mandatory per state law, tell them it is B&P 8762, and also tell them in writing that if they are soliciting multiple bids for the job not to accept any that do not include a ROS as other surveyors will consider it "Unforeseen Extra Work"

Just started doing this the past year or so, had some better luck than previously.

dmi · Post by **dmi** » Sun Aug 26, 2012 6:47 pm

THANK YOU RIC AND JAY. I BET DOLLARS TO DOUGHNUTS THAT IF YOU, MIKE, ARE OF THE OPINION THAT A RECORD OF SURVEY IS REQUIRED, THEN PROBABLY ANYONE WHO IS NOT INFORMING THE CLIENT OF THIS FACT WELL i DO NOT HAVE KIND WORDS FOR THEM...

PipeSetter · Post by **PipeSetter** » Mon Aug 27, 2012 6:02 pm

Can someone post a PDF of a record of survey with no set corners?
I have not come across any of theses before and I'm curious about what is shown on the map

Anthony Maffia · Post by **Anthony Maffia** » Mon Aug 27, 2012 7:43 pm

I've done a few. They look just like any other ROS, just no corners set.

MikeTurnrose · Post by **MikeTurnrose** » Tue Aug 28, 2012 9:18 am

Thanks for all your input.

I told the client that an ROS is required and e-mailed him a copy of the text law.

Ric,

I did encourage him to contact the County Surveyors office or Ray at the Board. I even provided the contact e-mails. I don't know if he did or didn't. My hunch is he went with another surveying firm that had the ROS as optional. I think we need to better educate the surveyors who are putting out these type of proposals. With major remodel and/or tear downs, clients look at the requirements from the planning departments. I think something needs to be included about record of survey maps in Planning Dept. literature. The County where this job is located only mentions the need for boundary surveys.

LS 4722 · Post by **LS 4722** » Tue Aug 28, 2012 10:16 am

Since property owners are not regulated by the LS act, most will go with the lower cost guy..after all, it's the LS who is on the hook for the RS.

I think that many LS have an RS clause in their contracts. This is fine for those surveys that seem like a piece of cake then the field work uncovers all the problems...

However... for many RS type surveys, the LS who offers the proposal and knows an RS is required and does not inform the client of such but uses his RS clause to make a bigger profit... I have zero respect for that. That's my opinion at 11:14 AM. Not pointing fingers...just telling it like it is.

mpallamary · Post by **mpallamary** » Mon Sep 03, 2012 8:01 pm

If you use the standard CLSA contract, this contingency is covered in the agreement and it is treated as a line item extra. Do not compromise your position. Go out to the property 90 days later and if monuments were set and an R/S wasn't filed, send a complaint in. The profession you save is your own!

jcoffey · Post by **jcoffey** » Wed Sep 05, 2012 1:52 pm

Mike T -

I imagine that the client never doubted that you knew what you were talking about with regards to the law, but either way it's about the same. You told him something he didn't want to hear, and so he probably went on to talk to others who said things he DID want to hear. I've dealt with this problem quite a bit actually. Sometimes I get the project because I know what I'm talking about. Sometimes I don't because they'll find someone else who's either misinformed (doesn't know the law), desperate (needs the work and hopes they'll slide by), or deviant (knows the law but either avoids the RoS or springs it on his client later like it's some kind of surprise).

If no monuments are ever set, you could try to track down the later topographic survey, site plan, or other document to see if the surveyor is representing a boundary survey or ties of features to boundary, but oftentimes who has time for that?