Question on Client - Surveyor Relationship

[Bretyuin]

Hi,

In the State of California suppose Property Owner A and an adjoining land owner (Property Owner B) have questions on where their property boundaries are located.

Property Owner A hires land surveyor XYZ to provide a survey (boundary survey and corner record) for their property. I believe that survey gets filed with the County Recorder & then becomes public record. Since land surveyor XYZ just performed a survey in the vicinity, Property Owner B then contacts land surveyor XYZ & wants a survey of their property.

In the State of California are there any Code of Ethics or professional restrictions (ie, conflicts of interest, etc.) for land surveyors that would prevent land surveyor XYZ from then performing a separate land survey for Property Owner B given that Property Owners A & B have questions on where their property boundaries are located?

[Warren Smith]

If all that gets filed is a Corner Record (filed with the County Surveyor), by definition, there is no material discrepancy in the position of the resurveyed property corners. If Owner B wants his other corners reset (or found), there is no inherent conflict. In fact, there is economy of scale involved for the prior field work.

If there were a restriction on such adjacent work, it would preclude a surveyor from working anywhere else on that block, or even within the subdivision - or section - heck, township.

[Bretyuin]

Thanks for the info!

[mpallamary]

No conflict as long as the disclosure is made to both parties. California Code of Regulations:

476. Code of Professional Conduct – Professional Land Surveying

To protect and safeguard the health, safety, welfare, and property of the public, every
person who is licensed by the Board as a professional land surveyor or professional civil
engineer legally authorized to practice land surveying, including licensees employed in any
manner by a governmental entity or in private practice, shall comply with this Code of
Professional Conduct. A violation of this Code of Professional Conduct in the practice of
professional land surveying constitutes unprofessional conduct and is grounds for disciplinary
action pursuant to Section 8780 of the Code. This Code of Professional Conduct shall be used
for the sole purpose of investigating complaints and making findings thereon under Section 8780
of the Code.

(a) Compliance with Laws Applicable to a Project:
A licensee shall provide professional services for a project in a manner that is
consistent with the laws, codes, ordinances, rules, and regulations applicable to that
project. A licensee may obtain and rely upon the advice of other professionals (e.g.,
architects, attorneys, professional engineers, professional land surveyors, and other
qualified persons) as to the intent and meaning of such laws, codes, and regulations.

(b) Conflict of Interest:

(1) If a licensee provides professional services for two or more clients on a
project or related projects, the licensee shall disclose in writing to those clients and
property owners or their authorized representatives his or her relationship to those clients.
(2) If a licensee has a business association or a financial interest which may
influence his or her judgment in connection with the performance of professional
services, the licensee shall fully disclose in writing to his or her client(s) or employer(s)
the nature of the business association or the financial interest.
(3) A licensee shall not solicit or accept payments, rebates, refunds, or
commissions, whether in the form of money or otherwise, from contractors or suppliers
of material, systems, or equipment in return for specifying their products to a client or
employer of the licensee.
(4) A licensee, while engaged by a governmental agency as an officer,
employee, appointee, agent, or consultant of that agency shall not engage in a
professional land surveying business or activity that may be subject to that licensee’s
direct or indirect control, inspection, review, audit, or enforcement on behalf of that
agency, unless the circumstances are disclosed to and approved by that agency in writing
prior to such engagement.