A Client Wants the Fence Line Shown as the Boundary and a Plat Sealed by Someone Else
A Colorado PLS is retained by a developer to prepare a land survey plat for a two-lot subdivision of a 5.0-acre parcel. The field survey finds the record boundary along the east side, but the neighbor's detached garage extends 0.8 ft over the line, and a 20-year-old fence sits 1.2 ft inside the record line. The developer says the neighbor has agreed 'in principle' to the fence and asks the surveyor to show the fence as the east boundary, omit the garage encroachment, and backdate the plat to the prior month so the closing can occur. The developer also provides a plat of the west lot drawn by an unlicensed CAD technician and asks the PLS to 'just seal it' because the technician used the PLS's previous survey. The surveyor has not supervised the technician's work. Colorado law and Board rules apply.
1. How should the surveyor respond to the request to show the fence as the boundary and omit the garage encroachment?
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Refuse both requests. The record boundary is a matter of deed and evidence, not client preference. A fence can be evidence of occupation or of a possible boundary agreement, but an 'agreement in principle' is not a surveyed boundary and cannot be substituted for the record line on a plat. The garage encroachment is a visible improvement and a potential title or possession issue; omitting it would make the plat misleading. The surveyor should show the record boundary, the found fence, the garage, and the measured offsets, and note the conflict. If the parties want the fence to be the boundary, they need a written boundary line agreement, conveyance, or court action, and the surveyor can then survey the new record boundary. Backdating the plat would be a false record and must be refused. Document the requests and the refusal in the project file.
2. What are the licensure and sealing issues with the technician's plat?
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In Colorado, a PLS may sign and seal only work that the licensee prepared or that was prepared under the licensee's direct supervision and control. Using a previous survey as a reference is not the same as supervising the technician's plat. The surveyor cannot 'just seal' another person's drawing, especially one prepared by an unlicensed technician who may have engaged in the practice of land surveying. The proper course is to perform or supervise the survey work, review the boundary evidence, and prepare a new plat that the PLS can certify. If the technician's work is used, the PLS must be able to demonstrate direct supervision and take professional responsibility for every boundary determination. The surveyor should also explain to the developer that sealing another's work exposes the licensee to Board discipline and misleads the title company and public.
3. What should the plat show, and what written advice should go to the client?
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Show the record boundary, the basis of bearings, the found monuments, the fence, the garage and the 0.8-ft encroachment, the 1.2-ft fence offset, the area, the survey date, and the surveyor's certification. Label the fence as occupation, not as the record boundary, unless a legal instrument has changed the boundary. Include a note that the plat does not determine title or resolve the encroachment. In a written letter, advise the developer that Colorado's land survey plat statutes and Board minimum standards require a truthful plat, and that the plat cannot be backdated or altered to facilitate closing; that the neighbor's 'in principle' agreement is not sufficient to move the boundary; and that the parties should consult counsel about a boundary agreement or encroachment easement. State that you will prepare the plat showing existing conditions and will revise it if a recorded instrument changes the boundary. Keep a copy of the letter and the client's instructions.