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Professional Land Surveyors of Oregon | www.plso.org
The meeting
You shake hands and, to put you at ease, she graciously
offers coffee and cookies before you sit down to discuss
your findings. It’s obvious this woman has a great deal of
money as you can’t help noticing the original artwork
hanging on the walls, the tastefully appointed furnishings
and the complete absence of disorder, likely indicating the
services of housekeepers. Accepting the coffee but avoiding
the cookies, you spread your research out on her expansive
table. You begin by explaining your conclusions drawn
from the deed records, your curiosity regarding
the found iron pipes shown on the work map, and
finally, unrolling the copy of the now recorded
subdivision plat representing all the 10-acre tracts
within her section. You specifically emphasize the
abundance of iron pipes set to define the
boundaries of each parcel. Interestingly, each one
of the 10-acre tracts on the formerly unrecorded
subdivision shows a lot number, something that
has been conspicuously omitted from the deed records!
Clearly, the original intent was to monument the
boundaries of each 10-acre tract and these monuments
would serve to delineate the boundaries prior to sale. You
tell the California lady that had the fenceline surveyor seen
this survey plat prior to commencing his work, he would
most likely have arrived at a different conclusion regarding
the location of her boundaries and would have held the
found iron pipes as the basis for marking the lines for the
construction of her fences! Such a posture might have
avoided any disputes with her neighbor. Considering her
neighbor had been living on his property for more than
four decades and knew of the existence of these iron pipes,
he had accepted their existence as defining his boundaries.
He had attempted to raise his concerns with her fenceline
surveyor (who happened to be reluctant to talk with him
due to the already evident tensions over the boundaries)
without success. You remark that it would be unlikely if the
outcome of any quiet title action would result in a decision
in her favor. The cost of litigating a resolution would likely
far exceed the cost of moving the fences to the more
defensible location based upon the old plat record, and
would result in virtually no change in the area she purchased.
Without further thought, she says she wants you to
perform the survey to rectify the situation and as far as
she’s concerned, the fenceline surveyor is terminated. You
explain that this will require removing the new fences and
placing them in their proper position. As a courtesy, you
must contact the fenceline surveyor and explain what
you’ve been contracted to do. She understands and states
unequivocally that she doesn’t like the situation but just
wants to be done with the conflict so she can move on to
the business of breeding and raising her animals.
Concluding your discussion, you tell her you’ll draw up a
contract and get back to her in a couple of days with the
price. She thanks you and wants to know when you can
start? You can’t help but wonder whether she’d pay whatever
price you quote, recognizing that this could represent an
opportunity to recoup some of the losses you’ve incurred
on other projects that suffered overruns, but that is only a
fleeting thought. Better to take the high road, preparing an
accurate and fair estimate. This woman seems like just the
type who, if wronged, might come back to haunt you in
ways you never imagined. You set up another meeting and
deliver the proposed contract together with your fee. The
California lady wants a day to have her attorney review the
contract but assures you that there’s no problem with the
fee! How often have you heard that? You wonder, “What
did I miss?”
Strangely, the phone never rings the next day, or even the
next. Instead, a certified letter arrives in the mail several
days later, return receipt requested. You immediately
recognize that it’s from an attorney, apparently
her
attorney.
After regurgitating the salient facts as you related them to
this prospective client, you see your fee go up in smoke. The
attorney has advised his client that the fenceline surveyor is
responsible for rectifying his mistakes without additional
cost (at least not to the California client). If he is unwilling
to do so, then litigation will follow. Because you know this
fenceline surveyor and can make some suppositions
regarding how he runs his business, you imagine that it’s
unlikely he carries E & O insurance. You can’t help but
think the cost of resolving this mess could approach tens of
thousands of dollars (if not more if a civil suit ensues that
awards punitive damages for the emotional trauma along
with all costs incurred to correct the “mistake”). Maybe
this outcome wasn’t so bad after all.
This wouldn’t be the first time all your efforts at research
go uncompensated, nor will it be the last! You actually
breathe a big sigh of relief, thinking that this California
lady would likely be the source of numerous headaches and
unwarranted demands, not to mention further tension
arising between the neighbors that would undoubtedly rub
off as additional irritants.
THE CASE FOR CARRYING E & O INSURANCE
You can’t help but wonder whether
she’d pay whatever price you quote…
but that is only a fleeting thought.
