Victim of neglegence

goodgps · Post by **goodgps** » Wed Sep 10, 2008 4:00 pm

Over the years, things will crop up that are quite unexpected.
Many years ago, I was preparing a large parcel map south and adjacent to a recently filed map. My survey revealed no new set monuments from this survey company. In spite of many calls and attempts, I decided to state "searched for record monument, not found" placed a set symbol in those positions and proceeded with my map. All corners were set and the map filed.
A year later one of the parcel owners brought action against me to pay for relocating his very expensive fence.
Upon visiting the site, I saw his fence angling 30 feet out of position with my tagged pipe sticking up above surface. The land owner pointed to the "true" location and lo-and-behold, there was the previous surveyors set pipe, right where mine was. Now in those days, we traversed the line and set line spikes along the way as measurement points. We successfully found these line points on each line, proving that we certainly did not set the pipe in the position it was in now and certainly not only drive it innto the ground only 6"

Can any of you guess what ma have happened ? how did that pipe move ?

The land owner grabbed it and handed it to me and appologized.

I advised the other surveyor of the event, he spoke with his crew.

End of that story.

Should there have been board action on that ??
If so, why ? / Why not ?

E_Page · Post by **E_Page** » Wed Sep 10, 2008 4:44 pm

Did the other guy's crew move it or did the fence builder?

If it was the other guy's crew, he should have fired them and he should have offered to pay for the time you spent investigating.

Not enough info to say whether or not a Board complaint was in order.

goodgps · Post by **goodgps** » Thu Sep 11, 2008 9:35 am

It was determined that the other guys crew moved the pipe because they were sent to set "his" pipes.

The crew was fired, The other surveyor paid for fence relocation. The other survey company turned over two small jobs to me which were very welcome.

I didnt get paid for my time, but relations with this company has remained strong for a couple of decades.

Thanks

E_Page · Post by **E_Page** » Thu Sep 11, 2008 9:46 am

Seems like the other surveyor did the right thing and maybe beyond in that he sent some additional work your way. That would make up for any lost time on your part. It's refreshing to deal with people like that.