PLSO The Oregon Surveyor November/December 2021

11 Professional Land Surveyors of Oregon | www.plso.org Featured Article I n many cases, defining yourself as a surveyor and not trying to get into the realm of the law is a difficult line to walk. Nevertheless, it is a necessary line to abide by for surveyors, who must stick to the facts of what they are surveying, and be careful to avoid any legal interpretations about property or boundaries that their clients or others might wish them to make. In law, there is a course that all future at- torneys are required to take. The course is called “professional responsibility.” This course outlines what the proper stan- dards of practice and behavior are for attorneys. There are also professional responsibility standards that surveyors must adhere to. One major difference is that surveyors are expected to deal with questions of fact, not law. When a surveyor is surveying a parcel of land, the goals are to identify property boundaries, set corners, verify locations, and reference the work on the parcel that was performed by previous surveyors. As surveyors do this work, they can come across potential boundary disputes or questions which they present to their clients. When this happens, it’s not un- usual for clients to “push” their surveyors into rendering a conclusion about one or several discrepancies or potentials for dispute—but the job of the surveyor is to remain steadfast and confine himself/ herself simply to identifying any anom- alies or questions. He or she should not attempt to resolve them. If a resolution or interpretation becomes necessary, it is time for the surveyor to recommend to their client that they seek the legal opinion of a property attorney. In these respects, the professional re- sponsibilities of surveyors are not unlike what they are for attorneys. Both profes- sions are expected to function ethically, and within the boundaries of their au- thorities and expertise. The Fine Line Between Surveying and the Law By Mary E. Shacklett continues T