Monday, June 24, 2013

Has this ever happened to you?

Last week I was working on a parcel in Pinetop.  The owner thought there might be a trespass issue and asked me to survey the property.  So when I get there I find some really juicy evidence.  1/2" pieces of sucker rod set by William Bartlett RLS #618.  The work was really tight so rebuilding the survey was not as difficult as anticipated.  I found a copy of Bartlett's plat and he showed a 0.07 acre strip between 2 lots.  this was the area of concern for my client.  They thought it was theirs.  The neighbor on the other side of the strip has a shed and concrete pad for a RV in the strip and they were clearly using it.

As it turns out; and after a lot of digging around we found Bartlett's monuments around the strip.  The strip existed and was surveyed in 1961.  So instead of my clients defending against adverse posession.  There was no issue at all.  The neighbor however asked if I could survey his place also and help him find an attorney.  He wants the strip he's been using.  So I gave him a few numbers and finished his parcel also.

On the way home I began to over think it.  Was I crossing an ethical boundary here?  As a land surveyor I cannot advocate of any party.  Yet when two neighbors are fighting over a strip of property and both of them  want you to survey it for them is there a breach of ethics?  I believe in full disclosure and let all involved know who had requested the initial survey.  I also let my first party client know that the neighbor wanted me to survey his also.  Noe seemed to have a problem.  But does that mean I don't have a problem?

Is this the perfect position or the worst one?  Maybe I am over thinking it again...

1 comment:

  1. R L (Larry) Lawrence Jr RLSJuly 31, 2013 at 7:14 AM

    Dan,

    I would say that you served your clients well. But, I have to ask. Who is the owner of record of the strip? A 10 foot wide parcel would seem to be unmarketable. Why was it created?

    Larry


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