Can You Claim Against A Surveyor?

by | Last updated on January 24, 2024

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Don't be mistaken, surveyors do get sued (see endnote 1, below), but it takes a special plaintiff with disposable funds do to so. Also, surveyors often end up in court proceedings, but they are not personally sued even though they caused the “train-wreck”—because there is nothing to recover.

Are surveyors liable?

In all states a surveyor is required to do what he contracts , and he may be held liable for failure to fulfill his contract correctly. In some states, double or triple damages can be claimed in addition to contractural damages if the work is done in a negligent manner. The extra damage is called punitive damages.

Can I sue a surveyor?

As with many other specialized professionals, land surveyors can be sued for failing to meet a specified duty . If a land surveyor is under contract to perform a professional service, and that service leads to injury, the victims of that injury are able to sue for damages in a malpractice suit.

How long are surveyors liable for?

The amount of time that a surveyor will guarantee their documentation of your property varies from state to state. Still, they will typically be liable for the accuracy of a survey for five to ten years .

What rights do surveyors have?

are allowed by law to enter private property . Land Surveyors are exempt from trespass by law. Performance of land survey work is in the interest of public health, safety and welfare. ... California Penal Code Section 602.8 addresses trespass and waiver for Licensed Land Surveyors.

Can land surveyors make mistakes?

Land surveyors are licensed professionals with advanced training. However, that doesn't mean they don't make mistakes once in a while. Land surveying is a highly technical process that involves knowledge of mathematics, technology, and specialized equipment. Of course, you can't rule out the margin for human error.

How do I complain about a surveyor?

If you need more information regarding a possible violation of the Professional Engineers Act, the Professional Land Surveyors' Act, or the Geologist and Geophysicist Act before filing your complaint, please contact the Board's Enforcement Unit by e-mail at [email protected] or by telephone at 1 ...

Can you sue a surveyor for negligence?

As with many other specialized professionals, land surveyors can be sued for failing to meet a specified duty . If a land surveyor is under contract to perform a professional service, and that service leads to injury, the victims of that injury are able to sue for damages in a malpractice suit.

What can you do if your surveyor made mistake?

  1. If the lender or title company has an issue with a fence line or similar issue, they may call exception to it on the title policy. ...
  2. You can contact the seller and ask for the fence or violating structure to be moved.

What does a surveyor check?

A property surveyor

Can I let a surveyor on my property?

Land Surveyors are allowed by law to enter private property . ... California Penal Code Section 602.8 addresses trespass and waiver for Licensed Land Surveyors.

Do surveyors get it wrong?

On rare occasions survey companies do make mistakes . If they have indeed made a mistake, you have several options. If the lender or title company has an issue with a fence line or similar issue, they may call exception to it on the title policy.

How often are land surveys incorrect?

The amount of time that a surveyor will guarantee their documentation of your property varies from state to state. Still, they will typically be liable for the accuracy of a survey for five to ten years .

What happens when surveyors disagree?

While a survey is crucial for bargaining or mediation , a legal determination of property ownership in the case of a dispute can only be settled by the courts. Qualified land surveyors can act as expert witnesses during a court case to settle such disputes.

Can you challenge a surveyors valuation?

As a result, the report is likely to be very thorough. If you do think the valuer has overlooked an important part of the property or given undue attention to negative aspects , you could consider challenging it. ... This is because valuations from surveyors are generally more reliable.

Timothy Chehowski
Author
Timothy Chehowski
Timothy Chehowski is a travel writer and photographer with over 10 years of experience exploring the world. He has visited over 50 countries and has a passion for discovering off-the-beaten-path destinations and hidden gems. Juan's writing and photography have been featured in various travel publications.