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PLS and SM Act certification statement date and request
Posted: Mon Feb 27, 2017 10:58 am
by David Kendall
What is the significance of the date the survey or subdivision was requested and by whom? I've recently mapped some older projects that no one remembers exactly when they were requested (nor do they care, apparently) and I don't understand the intent of the statement. This must mean something to someone? I've asked around of a few people and have not received any convincing response. Please advise
Re: PLS and SM Act certification statement date and request
Posted: Mon Feb 27, 2017 11:18 am
by Warren Smith
It's likely derived from a contractual obligation. Since the information shows up on very old subdivision maps and surveys, it certainly has been a long standing standard of practice that evolved into a statutory requirement. Same with the Recorder's statement. Apparently this isn't an issue in non-recording states.
Re: PLS and SM Act certification statement date and request
Posted: Mon Feb 27, 2017 1:49 pm
by Warren Smith
Out of curiosity, I looked at older filed surveys. I don't see the "surveyed at the request of _____" until the middle of 1957. Although prominently captioned "Surveyed for ______" for decades prior to that, it must not have been a requirement of the Land Surveyors' Act until 1957.
Re: PLS and SM Act certification statement date and request
Posted: Mon Feb 27, 2017 3:10 pm
by Warren Smith
OK - the Subdivision Map Act was amended in 2001 to enact the present wording of section 66442.5 relating to the map being prepared at the request of (name of person authorizing map).
As recent as this amendment is, perhaps some Leg Comm person can recall the intent behind the requirement.
Again, it seems to be a contractual issue. I haven't puzzled over this aspect during the last 16 years. Same with records of survey over the past 40 ...
Re: PLS and SM Act certification statement date and request
Posted: Wed Mar 01, 2017 10:44 am
by David Kendall
Thanks for the research Warren...
It feels like I could put whatever name or date I like on the RS cert and no one would notice. Sometimes surveys are not requested by property owners but by tenants. Again, immaterial. If a material discrepancy is discovered through the course of a survey and the surveyor is legally obligated, not requested, to file a record of survey then does the statement still apply? Occasionally I’ve seen a Surveyor’s name in the client spot of the statement. I'd bet on all hell breaking loose at the recorder’s office if one were to try to alter it...
On subdivisions, what is the date of request? The TM was approved in April 2013. The internal job number is from 2007 which indicates to me that the project started somewhere around ten years ago. The owner doesn't know. What happens if I make up a month and year? Isn't the requestor's name typically covered in the owner's statement and therefore redundant? I have another project where a client family inherited property and wants to subdivide to split it up between heirs but the property is under Williamson act status for 9 more years. They may file for a judicial partition but they technically have requested a subdivision and if all else fails we will file a parcel map in 2024 or so. What date should I use?
Are we wasting space on every certification? Your non-recording state question made me recall the maps from Texas and I believe they usually contained a client name and a standard of accuracy to which the survey conformed. The only one I’ve saved is an ALTA so it is not a good example.
I’m just trying to iron this out for my own personal edification. I registered my seat for the big dance (PLS exam) a few days ago so it’s time to start hitting the books to gain an understanding of our legal liability. If we are making unnecessary or arbitrary statements on every filed map then that’s okay by me. Frankly, at this point it wouldn't surprise me a bit if there are statutory formalities that CA surveyors practice every day that no one understands or thinks twice about but I would also like to know if I’m missing something
Re: PLS and SM Act certification statement date and request
Posted: Wed Mar 01, 2017 11:11 am
by Warren Smith
Good for you David!
The statutory language indicates that the name of the person authorizing the survey is to be listed. That seems to me to be the client with whom the surveyor has contracted for the work. As to the date of survey, convention seems to be the range of time preparing the map (field and office). I have submitted subdivision maps with stated dates widely separated in time because it reflected the work effort expended.
Re: PLS and SM Act certification statement date and request
Posted: Wed Mar 01, 2017 1:17 pm
by dedkad
The only time I've ever made comments on this language when reviewing a subdivision map was when the requested by name or date was clearly in error, like when the statement was copied from another map and not edited for this particular project. Otherwise, I accept whatever the Surveyor puts down.