The Title Company's Hunting Trip
A title company escrow officer in Missoula refers commercial survey work to you. After a $60,000 ALTA/NSPS survey for a lender, she says: "We love your work. To keep the referrals coming, our marketing budget pays a 3% 'consulting fee' to preferred vendors. Also, my husband has an extra nonresident elk tag and would love company this fall." She then asks you to leave a recorded utility easement off the ALTA survey because the seller's agent says the utility "abandoned it years ago" and the lender "doesn't need the hassle." The easement appears in the county records and crosses the building pad. The closing is in 10 days.
1. Analyze the referral fee and the hunting invitation under professional ethics.
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The 3% "consulting fee" is a kickback. Professional ethics require independence and honesty, and paying for referrals can compromise judgment. It may also violate Montana law and Board rules against improper inducements. The hunting invitation is a gift that creates the same appearance problem, even if no cash changes hands. The surveyor should decline both, explain why, and document the conversation. A legitimate marketing arrangement must not be tied to specific surveying work or compromise professional judgment.
2. How should you handle the request to omit the recorded easement?
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Do not omit the easement. An ALTA/NSPS survey must show recorded easements and encumbrances affecting the property unless a specific exception is negotiated and disclosed. The utility's alleged abandonment is a legal conclusion; a surveyor cannot erase a recorded easement based on a real estate agent's statement. Require a recorded vacation, release, or title company instruction, and show the easement as recorded. If the lender wants an exception, get it in writing from the lender and title company and disclose the basis.
3. What if the escrow officer threatens to pull all referrals unless you cooperate?
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The threat of lost referrals does not justify a false survey. The surveyor should decline, document the request, and, if the escrow officer persists, report the matter to the title company's management or the Board as appropriate. Losing a client is less harmful than fraud and license discipline. The surveyor's obligation is to the integrity of the survey and to third parties who rely on it, not to the escrow officer's marketing budget.