CA PLS Module 6: Professional Consulting

What is the legal standard of care for a land surveyor in California?

The care ordinarily exercised in like cases by duly licensed professional land surveyors in good standing. Failure to meet this standard constitutes negligence. Cal. Code Regs., Title 16, Div. 5, § 404(dd).

A surveyor retained as an expert witness in litigation discovers evidence of a PLS Act violation. A nondisclosure agreement bars discussing case details. Can they still report it?

Yes. A nondisclosure agreement shall not prevent a licensee retained as an expert witness from reporting a potential PLS Act violation to the Board. Cal. Bus. & Prof. Code § 8790.5(a).

A surveyor discovers that the neighbor's fence encroaches 2 feet onto the client's property. What is the surveyor's obligation?

The surveyor should accurately report and document the encroachment on the survey, showing both the record boundary and the fence location. The surveyor must not offer legal advice about the encroachment but should recommend the client consult an attorney.

Your long-time client asks you to survey a property boundary where you own the adjacent parcel. Should you accept?

No. This creates a direct conflict of interest since the boundary determination could benefit or harm your own property. You should disclose the conflict and recommend another surveyor.

An earthquake shifts a boundary monument 3 inches. What effect does this have on the property boundary?

None. Property boundaries are legal concepts, not physical ones. If a monument moves due to earthquake, the boundary remains in its original position. The surveyor must re-establish the boundary from remaining evidence of its original location, not from the displaced monument.

Two neighbors agree the fence between them IS the boundary, even though the surveyed line is 5 feet away. Can this agreement be binding?

Potentially yes, through the doctrine of agreed boundary. If coterminous owners have an agreement (express or implied) fixing an uncertain boundary, followed by acquiescence for a sufficient time (typically the statute of limitations period), the agreed line becomes the legal boundary.

What is the difference between a "lost" corner and an "obliterated" corner?

A lost corner has no remaining evidence (original or from reliable testimony) of its original position -- it must be restored by proportionate measurement. An obliterated corner has lost its monument but can be recovered from other physical evidence or testimony. BLM Manual of Surveying Instructions (2009), Ch. 7.

A surveyor finds two local surveyors placed monuments at different positions for the same PLSS corner, 25 years apart. Neither has the original monument. What type of corner is this?

A lost corner. The subsequent monuments are professional opinions about the original position, not evidence of the original. Restore by proportionate measurement per the BLM Manual. BLM Manual (2009) § 7-1.

When settling a boundary dispute, should a surveyor serve as mediator, arbitrator, or advocate?

A surveyor can serve as an expert consultant presenting factual evidence but should not serve as legal advocate. Surveyors may serve as mediators or expert witnesses, but should clearly define their role and avoid dual roles (e.g., surveyor of record AND expert witness in the same dispute).

Your survey reveals that a prior surveyor set monuments at obviously wrong positions, causing a chain of errors affecting multiple parcels. What should you do?

Document the discrepancies, file a Record of Survey showing your findings and the conflict (mandatory under B&P § 8762(b)(2)), and report the situation to the client. If the errors suggest negligence or incompetence, you may report to the Board per § 8780.

A client asks you to move a boundary monument to a "more convenient" location. Should you comply?

Absolutely not. Moving a monument to misrepresent a boundary would constitute fraud and is grounds for license revocation. Cal. Bus. & Prof. Code § 8780(b)(1).

What doctrine applies when two deeds from the same grantor create a gap or overlap?

The senior/junior rights doctrine. The first (senior) deed controls and gets exactly what it describes. The second (junior) deed gets whatever remains, even if less than described. The senior grantee has first claim.

A grantor conveys the "east half" of a parcel, then later conveys the "west half" -- but the two halves overlap by 10 feet. Who gets the overlap?

The senior (first) grantee gets priority. The junior (second) grantee takes only what remains after satisfying the senior conveyance.

An earthquake causes a landslide that buries a section corner. How should the corner be restored?

This is an obliterated corner (the monument is destroyed but its original position may be recoverable). Use physical evidence, witness corners, reference monuments, bearing trees, or other evidence to recover the original position. The earthquake does not change boundary positions.

A surveyor issues a boundary opinion letter stating that adverse possession has occurred. Is this appropriate?

No. Whether adverse possession has legally occurred is a legal determination for courts, not surveyors. The surveyor may document the physical evidence (occupation, improvements, duration) but should not render legal opinions on title.

Adjoining landowners share what responsibility regarding their common boundary?

They share equally in the responsibility for maintaining boundaries and monuments between them. For fences, they are presumed to share costs equally unless a written agreement states otherwise. Cal. Civ. Code § 841(a)-(b).

Before commencing fence work that will affect a neighbor, what notice is required?

30 days advance written notice, including: the problem description, proposed solution, cost estimates, proposed cost-sharing, and timeline. Cal. Civ. Code § 841(b).

Can a neighbor rebut the presumption of equal fence cost sharing?

Yes, by demonstrating through preponderance of evidence that equal responsibility would be unjust. Courts consider: disproportionate financial burden vs. benefits, whether costs exceed property value increase, owner's financial hardship, and project reasonableness. Cal. Civ. Code § 841(b)(3).

A surveyor discovers their own prior survey contained an error that has since been relied upon by others. What is the ethical obligation?

The surveyor should promptly disclose the error to affected parties and the county surveyor, file a corrected ROS or amendment, and take reasonable steps to mitigate harm. Concealing known errors could constitute negligence or fraud under B&P § 8780.

What must a surveyor do when asked to render a statement regarding the accuracy of survey data?

This is a specific land surveying activity under the PLS Act. Only a licensed LS or authorized CE may render such statements. The statement constitutes a professional opinion, not a warranty. Cal. Bus. & Prof. Code § 8726(a)(14), § 8770.6.