Slander-of-Title Claims Against Land Surveyors

Sunburned_Surveyor · Post by **Sunburned_Surveyor** » Wed Apr 23, 2014 9:15 am

I'm doing some research for an article about slander-of-title. I often hear land surveyors being warned about claims of slander-of-title that arise from their work products. However, I've yet to find a court case where a land surveyor paid damages for slander of title, and I can only find one case where a land surveyor was even involved in an accusation of slander-of-title.

My legal research so far seems to indicate that a successful slander-of-title claim in most states requires some evil or malicious intent. That seems like a tough aspect of slander-of-title to prove against most surveyors.

Would you tell me about any examples you have about a surveyor being sued or threatened over a slander-of-title claim?

Any information you can provide would help a great deal. You can e-mail me at sunburned.surveyor@gmail.com if you want to talk off-forum.

Thanks.

Landon

PS - I'm not looking for speculation or opinion in response to this request. You are welcome to share that (of course)...but I'm really looking for actual real life cases or scenarios that I could verify with the parties involved.

dewardkb · Post by **dewardkb** » Wed Apr 23, 2014 5:59 pm

Sunburned, Land Surveyors are not charged with slander of title unless they are the party who is asserting title. Land Surveyors do not assert title when they give an opinion as to a boundary, it is their clients who do.

dewardkb · Post by **dewardkb** » Wed Apr 23, 2014 6:07 pm

http://www.emlf.org/clientuploads/direc ... der_92.pdf here is a little paper on it. I read something else coming out of California that touched on this subject I thought was pretty lucid. Let me find it. http://www.lsacts.com/documents/white%2 ... 0Final.pdf
Yes, this is a good discussion above on the concept of slander, etc. as it pertains to Land Surveyors. Typically your opinion is considered privileged when it comes to Surveying land.

Oops sorry fixed the second link.

dmi · Post by **dmi** » Wed Apr 23, 2014 9:59 pm

Steve Gardner and the Zen Temple there was much discussion on CLSA bout the case and it was a Lucas article

LS_8750 · Post by **LS_8750** » Wed Apr 23, 2014 10:27 pm

Civil engineers offer opinions to support or contradict arguments concerning real property. Integrity of civil improvements are always paramount. Is it slander of title to suggest some civil improvements are in need of attention, repair, or might be subject to potential catastrophic failure?

Imagine the calamity that would follow such a course of logic.

Tom Milo · Post by **Tom Milo** » Thu Apr 24, 2014 6:30 am

I have been twice threatened with slander of title if I file my map. You can try and hide behind "it's my opinion" all you want. That will not stop you from being sued. One of the cases was settled and the map was filed. The other case is in litigation. I have notified my County Surveyor that I will be filing the map after the case is settled. In my experience it is the plaintiff's attorney that makes the threat and uses it as a tactic to keep from filing the map. Real or not, legitimate or not it can still cost you money to defend yourself. Depending on your insurance company, you may not be covered.

dmi · Post by **dmi** » Thu Apr 24, 2014 10:10 am

SLAPP suit oh boy come to poppa... attorney so... if your represntation does not know what a slapp suit is, then you had better find different represntation. Yes you can be sued for filinga a map but the attorney who brings this type of suit is personally responsible for damages, Ask the the opposing counsel if they want to pay all your attornery fees, court costs and damages and see how fast this suit dissappears PRONTO....

dewardkb · Post by **dewardkb** » Thu Apr 24, 2014 11:17 am

I was not going to say anything but Dane is right in my opinion. I have filed complaints that have the same effect here in Texas. Does not cost a dime but it sure straightens them out in a hurry. http://www.calbar.ca.gov/Attorneys/Lawy ... ation.aspx

That is a good cite Mr. Ince and right on point.

desert turtoise · Post by **desert turtoise** » Thu Apr 24, 2014 2:49 pm

DK has a point about the legal element of "privilege". I just read the case again. The ruling may have some conflicting meanings for surveyors.

It mentions the "publisher" of the communication or document, (read as survey) can be the slanderer. So does that mean the surveyor, the county recorder who did the official filing, the county surveyor who reviewed and also signed the official survey, or the owner who authorized the survey ??
It says nothing about "owner" that I can see.

The Appeals court says about privilege: "any publication required or permitted by law in the course of a judicial proceeding to achieve the objects of the litigation, even though the publication is made outside the courtroom.." Sounds like an "expert" surveyor can then be hired to fabricate anything necessary on a Record of Survey in order to further the ends of the client's attorney. Sounds like the advocacy-type surveying I have seen by a rare few of our fellow surveyors. Clearly the court has no interest in our local state board rule #475(11) the surveyor shall not misrepresent data..

So despite having the "privilege" to say what you want in a survey document, that does not mean you cannot be found guilty of slander of title for a bad or wrong survey.
The court goes on to say "at least four other communications slandered the title. Those ...included..(3)Gardener setting the survey monuments (4)Gardener's unsuccessful attempt to record the survey in Aug.2002"

Oddly, the court did not mention slander of title once the survey was eventually recorded over the objection of the county surveyor.

Warren Smith · Post by **Warren Smith** » Thu Apr 24, 2014 3:19 pm

desert,

The court found privilege for the record of survey, since it was filed after litigation had commenced, whereas the four other communications occured prior and not privileged.

It appears that the review and corrections to the RS took a year after setting the monuments, so put the County Surveyor and Gardener into a privileged category, since the action to quiet title had by then been filed.

Some of the cases cited (sighted or sited?) delve into the timing of overt acts related to litigation which trigger the coverage of privileged communications. The mere threat to litigate, or as a ploy to settle a conflict is not sufficient.

All good fodder to consider when performing a retracement survey ...

desert turtoise · Post by **desert turtoise** » Thu Apr 24, 2014 4:27 pm

Warren,

thanks for reminding me about the timing element that gives the privilege. I saw the court comments on the timing but did not quote and should have clarified more. So it appears people are protected during the actual court process, not before. I should have known from my own hard experience; another surveyor "manufactured" a survey to suit an owner and the owner's lawyer, even using what could have been a valuable mapping sheet to explain why I was incompetent. Just another old battle wound most of us receive as part of the process.

dewardkb · Post by **dewardkb** » Thu Apr 24, 2014 6:06 pm

http://www.yalelawtech.org/wp-content/u ... andout.pdf Here is a link to a whole bunch of Record of Surveys.

Somebody point out one that says some particular person owns the land shown on it.

I will wait while you find one. http://esps.kerndsa.com/maps/record-of-survey

dewardkb · Post by **dewardkb** » Thu Apr 24, 2014 6:51 pm

What is to prevent me from filing a copy of one of the record of surveys in the link above in a fraudulent deed at the recorders office and subjecting the Land Surveyor who performed that Record of Survey to a Slander of Title lawsuit?

I am sure the properties in the Record of Surveys in the link above have changed ownership several times in some cases since they were filed. Why are the Land Surveyors who prepared the Record of Surveys for people who are not now the current owners of the property not being sued by the current owners of those properties for Slander of Title?

If you file a Record of Survey that shows a legitimate title conflict and the parties form an agreement or the court settles the matter by judgement what is to prevent somebody from then filing a Slander of Title lawsuit against the Land Surveyor who prepared the Record of Survey?

Once again, Land Surveyors do not assert Title. The Lucas article on this subject is what is a fantasy and is a result of a superficial read of the case which is typical for him.

desert turtoise · Post by **desert turtoise** » Sat Apr 26, 2014 9:59 am

deward, good info you provide.

if you are referring to owners, in CA we have to provide the following statement per our LS Act

section 8764.5
Surveyor's Statement
This map correctly represents a survey made by me or under my direction in conformance with the requirements of the Professional Land Surveyors' Act at the request of _______________ in ______,20___.
Signed and sealed ______________

Warren Smith · Post by **Warren Smith** » Sun Apr 27, 2014 5:32 am

Slander of Title is a tort action. The elements include malicious intent. Privilege extends to a number of categories, such as print and broadcast media, in furtherance of the public good.
In order to prevail as a plaintiff, all elements must be proven.
A survey would have to be performed under a specific set of circumstances in order to be deemed slanderous. The Master Lee case shows how a client can "drive the bus" toward the cliff ...

California Surveyors Forums

Slander-of-Title Claims Against Land Surveyors

Slander-of-Title Claims Against Land Surveyors

oh boy

Meaning of Privilege and Slander ?

Timing

Owner of land requests survey