Pressure to Seal an Unverified Subdivision Plan
You are a registered land surveyor in private practice. A long-standing developer client asks you to sign and seal a subdivision plan for a 4.2 ha parcel in St Ann so that a bank can release funds on Friday. The fieldwork and drafting were done by an unlicensed technician; the field notes are incomplete, and the plan shows a 6 m access strip as 'road' even though your search of the title and parish records shows no registered right-of-way over the adjoining parcel. The developer says the strip has been used for access to three lots he has already sold and that 'the attorney will fix the easement later.' You also notice that a boundary wall of an existing house overlaps the proposed Lot 7 by 0.8 m. The client tells you not to mention the wall because it will 'slow the bank.'
1. Identify the professional and legal issues raised by this instruction.
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Signing and sealing the plan would certify that the survey was done under my direction and that the plan is accurate. The facts point the other way: unlicensed technician, incomplete field notes, unverified boundaries, an access strip shown as road without a registered right-of-way, and an undisclosed 0.8 m encroachment. Under the Land Surveyors Act and the Board's professional requirements, a registered surveyor is responsible for the survey and must not sign a plan that is incomplete or misleading. The access strip is especially serious because three lots have already been sold on the strength of unregistered access; showing it as a road without qualification could mislead the bank and the purchasers. The encroachment must be shown because it affects the lot area, buildable space, and possible boundary dispute. Suppressing it at the client's request would be dishonest and could expose the surveyor to disciplinary action and civil liability.
2. What must you do before certifying the plan, and can you sign it in its present form?
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Before any signature I would obtain and review the field notes and raw data, re-survey or independently verify the boundaries and the encroachment, search the title and registry records for the right-of-way, and check whether an easement or road reservation exists. I would require the attorney to document the access rights and would show the unregistered strip as 'access claimed, not registered' or exclude it; it should not be presented as a dedicated road. I would advise the client that the plan cannot be certified until the missing information is resolved. If the technician's work can be checked and adopted, I must still take professional responsibility and sign only after my own verification. In its present form I cannot sign and seal the plan. If the client refuses to allow disclosure of the wall or the access issue, I should decline the instruction.
3. How should you handle the client's pressure and the request for confidentiality, and what should be communicated to the attorney or bank?
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Explain the obligation clearly and in writing: the seal is not a commercial formality; it tells the bank and the public that the survey meets professional standards. Offer a realistic timeline for verification and correction. Do not accept the assurance that 'the attorney will fix it later' for a plan that will be relied on now. Communicate the facts to the client's attorney and, if authorised, to the bank; do not disclose confidential information to strangers. If the client persists in asking me to mislead the bank or suppress the encroachment, I should withdraw from the engagement and document why. A report to the Board would be a last resort and would depend on whether there is evidence of fraud or serious misconduct; the immediate duty is to prevent a false plan from entering circulation.