Can a surveyor legally change an existing survey?

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Can a surveyor legally change an existing survey?

Can a surveyor legally change an existing survey he did 5 years ago, due to doing a survey for the neighbor you are bordering and having a dispute for. Conflict of interest? Suspicious?

Asked on June 18, 2009 under Real Estate Law, Vermont

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

It depends on the specific facts.  If something comes to light that makes the surveyor legitimately question the correctness of a prior survey, yes they can change it.  Arguably they are under a profession duty to do so; failure might in fact jeopardize their license with the state.

As to whether the above pertains to your case I cannot say.  If you have proof that the original survey was correct and that this second survey was done for some illicit purpose, then you may have a claim.  You would have to offer proof that the surveyor did it in a for unlawful reasons and thereforwas committing an actionable offense(s).  The fact that there is a dispute here does lead one to have suspicions of a conflict of interest.

If some impropriety is found, this could potentially lead to both criminal and civil penalties.  Again, much will depend on the facts, and the facts will have to be proved.  If you think that you have a legitimate claim here, you need to consult with an attorney in your area. 


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