Pressure to Omit an Easement and an Encroachment
A Maryland PLS is retained by a developer to prepare a boundary survey and plat for a 58-acre former farm. The purchase contract is contingent on the plat showing no easements or encroachments that would reduce the buildable area. During fieldwork, the surveyor finds a recorded 40-foot-wide public utility easement along the frontage and a neighbor's barn that extends 2.1 ft over the line for about 60 ft. The developer's attorney sends an email: "Leave the easement and barn off the plat; they are not relevant to the lot layout, and we need a clean plat by Friday." The surveyor's fee includes a $5,000 bonus if the plat is recorded without exception. The surveyor has field notes and a deed research file documenting both items.
1. What are the surveyor's professional obligations regarding the easement and the barn?
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The surveyor must depict the easement and the encroachment accurately. A boundary survey plat is a professional representation of the property and the evidence found, not a marketing document. The recorded utility easement is an encumbrance that affects the parcel and is directly relevant to the buildable area and to any purchaser's title review. The barn encroachment is a boundary and possession issue that affects the location of improvements and may affect title, financing, or future use. Omitting either item because the client wants a "clean" plat would make the plat misleading and could violate Maryland's minimum standards for boundary surveys and the profession's ethical obligations. The surveyor should show the easement by its recorded width and location, show the barn and its measured overlap, and add clear notes describing what was found and the basis for the depiction.
2. How should the surveyor respond to the attorney's request and the contingent bonus?
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The surveyor should respond in writing, promptly and professionally, explaining that known easements and encroachments cannot be omitted from the plat. The surveyor can offer to show them clearly and to add notes that distinguish record easements from occupation or title issues, but cannot agree to conceal them. The $5,000 bonus tied to a plat recorded "without exception" creates a direct conflict with the surveyor's duty of independence. The surveyor should decline the contingent arrangement or clarify in writing that the bonus cannot be earned by omitting required information. The response should be documented in the project file. If the attorney persists, the surveyor should escalate internally, seek advice from counsel or the board, and be prepared to withdraw rather than seal a false or incomplete plat.
3. If the client insists on the omission, what options does the surveyor have, and what should be documented?
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The surveyor should not seal or deliver a plat that knowingly omits the easement or the barn. Options include declining to proceed until the client agrees to an accurate plat, terminating the engagement with written notice, and returning or retaining project records according to law and the contract. The surveyor should document the field evidence, the deed research, the attorney's request, the surveyor's written objection, and the client's response. If another surveyor is later asked to seal a plat for the same parcel, that is a separate professional decision, but this surveyor should not provide a false certification or a misleading "clean" plat. The client can address the easement and encroachment through legal agreements, title work, or redesign, but the survey plat must still show what the surveyor found.