The Lender's One-Page Certificate
A real estate broker sends you a one-page form for a 0.4-acre lot in a 1974 subdivision. The lender wants a 'mortgage survey' certificate stating that the house and garage are within the lot lines. The broker says no field work is needed: use the recorded subdivision plat, the assessor's GIS, and the prior deed. The form has a blank for your seal. From a quick check, the neighbor's shed appears to cross the platted line by about 1.2 ft, and the lot has a 10-ft utility easement along the rear. The client refuses a full boundary survey because of cost and says, 'Every surveyor around here signs these; just certify what the plat shows.' You are also asked to backdate the certificate to the loan application date.
1. Is this a property boundary survey, and what must you do before sealing the certificate?
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The label 'mortgage survey' does not control. If the certificate asserts that improvements are within the lot lines, it is a boundary determination and requires boundary evidence. A recorded plat, assessor GIS, and deed are research aids, not a field survey. Before sealing, I would research the chain of title and plats, establish the lot corners from record and field evidence, locate the improvements and easement, run a closed traverse with acceptable closure, set or tie monuments, and prepare a plat or report that states the basis and any exceptions. I would not use GIS as the controlling boundary source. If the client will not authorize the work needed to determine the boundary, I can provide a clearly limited improvement-location report that does not certify boundary compliance, but I cannot seal the lender's boundary certificate. Backdating is also improper because the certification date must reflect when the work was actually performed and the surveyor's responsibility.
2. How should you handle the 1.2-ft shed encroachment and the rear easement in the deliverable?
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I would show the shed and the easement accurately and disclose the apparent encroachment rather than omit it. The surveyor's job is to locate and report, not to decide whether the encroachment creates a title problem or whether it is permitted. The plat or report should show the platted lot line, the measured shed corner, the amount and direction of the overlap, and the easement as described. I would tell the lender and owner that the encroachment and easement are exceptions requiring legal review. If the lender's form has no place for exceptions, I would attach a supplemental report or refuse to sign the form as written. A certification that the improvements are within the lot lines would be false if the shed crosses the line, regardless of the client's instructions.
3. What ethical and statutory issues arise from the broker's request and the backdating instruction?
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The request asks me to certify work I did not do, outside my responsible charge, and to falsify the date. Only a licensed land surveyor may practice land surveying in Missouri, and a licensee may seal only work performed by or under the responsible charge of the licensee. Using GIS or an old plat and calling it a boundary survey would misrepresent the basis of the certification. Backdating would mislead the lender about when the survey was made and could conceal changed conditions. I would explain the requirements, document the client's pressure, and decline. If another surveyor's seal is proposed, I would not participate. Professional integrity and the public's reliance on the seal outweigh the broker's claim that 'everyone does it.'