California Surveyors Forums

We are discussing the weight of records of survey as being "opinion from a professional" verses say. . .a parcel map ( which gives constructive notice) is therefore "a Professional opinion"

If these two cases are indeed different and separate, how does that affect liability ?

When we "stamp" anything, we are responsible for it, but do our liabilities change depending upon the instrument that was prepared ?

If a record of survey is truely an opinion from a professional, does that dissolve liability ? I've heard this kind of "Speak" at chapter meetings, but I totally disagree that a ROS is just haphazard opinion.

What do you-all think ?

Why would you think that a record of survey is different from a parcel map or finaL map, in terms of professional liability?

Why would you think constructive notice would have any bearing on the actions a professional land surveyor needs to take in order that their work product is neither incompetent nor performed in a negilgent manner?

In my view, if an opinion is haphazard, then I do not see how you could call it a professional opinion.

No one is ever sued for their opinion. The cause of action will most likely be for damages that are caused by negligence on the part of the professional surveyor.

Thank you so much Dane !!!!

somebody agrees adamantly with my suggestion that a record of survey is not "just and opinion" but rather a professional action from a professional.
Yippie !!!!

We have value once again. So often I question the actions of surveyors regarding information on their surveys and they respond "its only my opinion" "if you dont like it, do your own survey"

CHEEZE !! I get so tired of this attitude. In 1993, I wrote an atricle entitled "Record of Survey, opinion ? or Professional act" I snt it to POB but it never was printed. The article was based upon a situation whereby a surveyor calculated some old map and deed distances, went to the field and set several corners ranging from 5 to 7 feet off. During Our survey, we revealed all control (not just swing ties), prorated control lines, turned angles shown on old county surveyors field books and behold found original 3x3 redwood posts at lot corners.
When asked, the "Other Surveyor" stated that his survey was only his opinion. He also went on to say that I should've just followed his survey and I would 've made more money.
Maybe I take this surveying too seriously (not too rich) but I believe anything We do goes down in history.

So An "Opinion" is just spoken . . . but a professional opinion is based upon action.

No?

Thanks again !!!

There are different types of opinion. An opinion can have qualities. Opinion can be described with an adjective, biased, unfounded, sound, professional, judicial.

My professional opinion will not protect me from a cuase of action brought against me if I am incompetent or negligent.

Making money has nothing to do with wheter or not you should follow a previous survey or not. The lines run and marked on the ground are pretty important, even if the running and marking are not so red hot. Care should be given when the decision is not to follow the previous survey.

Everybody is entitled to an opinion, but not everybody is qualified to give one.

Only half of that statement is true for Professional Opinions.

Not everybody is entitled to a professional opinion. Yes, a RS represents a surveyors professional opinion as to boundary locations, but that opinion must be qualified, based upon application of advanced training and sound judgment, and must be free of negligence.

An RS is not just someone's opinion, it is a Surveyor's Professional opinion, and he darn well had better have exercised the requisite care and judgment that implies.

Well said

If a bar tender screwed up your drink order, then said "that's my professional opinion of how your drink was to be made" you may send it back and/or not pay for it.

Unfortunately our clients only get to taste a poorly executed survey after an expensive and divisive problem surfaces.

It is so importand for us as a group, . . a fellowship if you may, to put professionalism first.