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What can I do if surveyor promises month after month to finish work and never does?

Discussion in 'Easements & Right of Way Law' started by Texas6023, May 30, 2016.

  1. Texas6023

    Texas6023 Law Topic Starter Member

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    Jurisdiction:
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    This sale has been complete since November and the surveyor was supposed to finish the rest of the work after the paperwork was signed so there was no confusion on what acreage was needing to be surveyed.

    There was 60 acres left as a will for two brothers. None of it had been surveyed so the half that was being sold was to be surveyed at the time of the sell. Well I have paperwork showing where the monument markers are at but not really sure they are there
    because there was never any stakes visible. The surveyor has been paid. I contact him and leave messages and text and he claims he will wrap it up by the month end but the end of the month comes and nothing is done.

    Now I'm ready to put pressure on him. It's been long enough. Should I expect him to walk it out with me or is that asking too much? Are surveyors busy 24/7? It's not like he denies the work needs to be done. He says he will finish it. But it's been 6 months. Should I contact realtor? Pay surveyor a visit? Keep calling surveyor? File small claims? Opinions or help to see if I have everything I need but just need field work to be completed?
     
  2. adjusterjack

    adjusterjack Super Moderator

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    6 months? S--t, I wouldn't have waited two months.

    Yes. For your money back. Delay is the deadliest form of denial. He's sitting on your money and not delivering.

    Here's what I would do. Get the small claims complaint form. Fill it out for breach of contract for the X dollars you want back. Don't file it yet. Attach it to a letter demanding that he complete the survey in 10 days (or whatever) and if he doesn't deliver by the deadline you will file your lawsuit. Don't bluff. Be prepared to file exactly on the day after the deadline.

    Attaching the form demonstrates that you mean business.

    On the day you file in court, also file a complaint with the Texas Board of Professional Land Surveying:

    Complaints « Texas Board of Professional Land Surveying in TX

    If you are tempted to file a complaint with the board instead of suing, I suggest not, because it will only delay things another couple of months. Best to file the complaint when you sue so he gets a double whammy.

    I learned a long time ago not to pay service people in advance. Anybody who asks me for front money gets booted off the property.
     
  3. Texas6023

    Texas6023 Law Topic Starter Member

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    Ok. Well as confusing as this is going to sound here it goes.

    The surveyor supplied me and the title company with a stamped survey and the description of marker location. Does that mean the field work was actually completed? It's weird because at closing since the property had not been clearly stated which way the 60 acres was to be divided the realtor for the seller had told my realtor which half was being sold which was wrong because that was the other brothers half but I had signed already. So I was called back to resign for the property which required another survey because the change.. And because the change the surveyor charged again for the the work in making the changes. So I objected when they tried to pin the extra charges on me. So in order to keep the sale from brig post poned the sellers realtor agreed to pay the survey. So it did get paid but by the sellers realtor but I never received the work..
     
  4. adjusterjack

    adjusterjack Super Moderator

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    OK. Threats of lawsuit now seem premature.

    I don't know. Did you go look for the markers? If not, I suggest you do so even if you have to dig around a bit to find them.

    Does the legal description on your deed match the physical layout of your property?

    If yes, you probably need go no further with this.

    I suspect that the surveyor may be ignoring you because the work is done and he has submitted the papers to those who ordered it.

    It occurs to me now that the realtor or, at least, the title/escrow company should be able to provide you with a copy of the revised survey.

    By the way, did you buy an Owner's Title Policy?
     
  5. Texas6023

    Texas6023 Law Topic Starter Member

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    Yes I bought title policy. This really is not my first rodeo other than this property has no fencing and I wanted the monument markers to be able to put up my fence..

    And like I said previously if it's all complete why is the surveyor admitting he needs to complete te field work? He sent me a text message saying he hasn't forgot about me and he will finish up my property. Why not just ignore me completely?
     
  6. adjusterjack

    adjusterjack Super Moderator

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    No clue.
     
  7. Texas6023

    Texas6023 Law Topic Starter Member

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    Have to bring this one back to life. Still waiting. Still being told 50% has been completed. All I need is markers or surveyor to show me where the marker should be. I've gone with metal detector and there are no markers in place. I have paperwork. Is this a small amount to just let it go? Or can I actually be reimbursed any amount for surveyor only lacking the stakes in part of the property? If there was any sort of fence or brush line I wouldn't worry to much about the markings. But neighbor claims I'm running on his side of property line. All I'm wanting is surveyor to mark the corners like it's shown on survey where they should be. I've gone to attorney and she just said I need to keep calling him everyday.. Which I have done and still come up short changed.
     
  8. army judge

    army judge Super Moderator

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    The stakes often get removed when the other party wants to deny the TRUTH.
     
  9. Texas6023

    Texas6023 Law Topic Starter Member

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    I know for a fact one was removed by my neighbor and I confronted him about it and he said it was still laying there. But I still have a good idea where that metal rebar is at. It was a two parcel purchase. One parcel did get staked out which was around the house. But back acreage parcel did not. I never seen any stakes. And the surveyor will just text me he is going to call me and never does. Just wondering if this is too little to make a small claims on? I really doubt someone would have removed all four corners. Just my thinking though.


    QUOTE="army judge, post: 243623, member: 73455"]The stakes often get removed when the other party wants to deny the TRUTH.[/QUOTE]
     
  10. army judge

    army judge Super Moderator

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    I tend to make my life easy.
    I'd hire another surveyor, and make sure I see the stakes, take pictures of their placement (using GPS enabled on my smartphone), and receive a written report from the surveyor.

    I rarely waste time with small claims courts.

    You, of course, are free to do what you believe works best or you.
     
  11. Texas6023

    Texas6023 Law Topic Starter Member

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    I suppose you do make a good point. 1400 dollars doesn't grow on any tree I own though. And sometimes people keep doing what they can get away with over and over. I've always heard when the law doesn't work the. You take matters in to your own hands.



     

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