California Surveyors Forums

My client’s west neighbor has a decent size development under construction. All plans were approved by City including topo map & grading plans about 6 months ago.
Said neighbor’s engineer/surveyor set nails along PL prod. I checked and found no RS was filed. My client is disputing the boundary.
I told my client two options:
1) File a complaint with the BPELSG that the neighbor’s engineer/surveyor is in violation of California Law by establishing a boundary without filing a RS.
2) Spend money and hire me to establish boundary & file map.

My client was asking if he file a complaint with BPELSG, does he has to disclose his name, address…?

I believe the complaint may be filed without the identity of the person filing the compliant being known. I would suggest that a good faith effort be made by all concern to sit down and discuss the issues. If for example the firm that set the nails on P/L prod is doing a subdivision map, then they would not be required to file a record of survey.
A sit down meeting would allow you and the other surveyor to discuss the boundary issues and there may be clear points of contention that may arise such, the evidence picture, other controling elements, processes and proceedures. In some instances it is just not possible to find better evidence than your colleagues have uncover.

Or it could be that your client is just bothered by the development and is not happy and thinks the current survey answer is wrong simpy because they don't like it.

i would say that if you have conducted yourself in a professional and cordial manner and your efforts have been rebuffed, that you are left with few options and one of them is help from the board.

BoundaryMan wrote:My client’s west neighbor has a decent size development under construction. All plans were approved by City including topo map & grading plans about 6 months ago.
Said neighbor’s engineer/surveyor set nails along PL prod. I checked and found no RS was filed. My client is disputing the boundary.
I told my client two options:
1) File a complaint with the BPELSG that the neighbor’s engineer/surveyor is in violation of California Law by establishing a boundary without filing a RS.
2) Spend money and hire me to establish boundary & file map.

My client was asking if he file a complaint with BPELSG, does he has to disclose his name, address…?

Quit being so quick to tie a noose in a rope and hang some surveyor!

1. Have you called the surveyor and talked this over with him?
2. Have you contacted anyone from PPC to speak to him?
3. Has the surveyor in question filed a letter with the county surveyor about a delay in filing a map?
4. If it's a development , i.e, Tract/Parcel Map then an RS is not required..the formal map covers that base.

Regardless, find the surveyor and contact him and have him justify the work first, and advise him at this point he should file something.

BoundaryMan wrote:....I have a feeling that said property was surveyed by an unlicensed individual.

If that's the case then you have a lot of pre work to do before filing a complaint with the board. You need solid proof. Names, maps, etc etc..

Have you visited the city and gone through the file jacket for this new development? That is where I would start If I was going to make this my lifes quest.

BTW..not every single point set has to be tagged. If the nails were set for a saw cut line then why burn a tag up? Same thing with a clearing line and hubs. Do you tag
5' offset lines when staking for curb and gutter?

I would not recommend a board complaint if your client (or possible client)
wants to solve anything. If they file a complaint and the neighbors surveyor then files a RS or CR, what next ? Accept this survey as correct ?
Once it gets ugly your client would not be happy with anything from the neighbors surveyor. They need to hire you and be done with it.
Sounds like revenge more than a solution

BoundaryMan,

It's very simple to contact BPELSG and discuss with us any issues that you or your client may be encountering. It doesn't have to be a complaint, and to be quite honest with you we would rather be involved before it becomes one. We are more than happy to help you and your client if we can.

Call Ray Mathe at 916-263-2271 or Raymond.mathe@dca.ca.gov

If Ray is not available, feel free to contact me at Ric.moore@dca.ca.gov

If a subdivision is proposed, then the tentative map is a public record and can be viewed and a copy obtained. The surveyor will have signed it.

Also a letter from an attorney often helps start communications. No threats, just a forceful tone.

And, of course, the client could watch for the surveyor on site.

Except in cases of the most egregious, blatant violations, sending a landowner on their way to filing a complaint with BPELS should not be a first step.

Lack of filed map or improperly marked monument:

1. Find out who surveyor is.

2. Identify the issue directly to them. Listen to their explanation if they offer one.

3. If explanation is inadequate, advise of violation or potential violation and ask if they are going to rectify it.

4. If their answer is unsatisfactory, advise client of options to file complaint with local PPC or with Board, or you file a complaint with local PPC or with Board, whichever is more appropriate.

4a. If you are unsure about which course of action to take, contact Ric or Ray. One of the best things about these two is that they'd rather resolve than reprimand.