Forward Motion

OK, Lately I have been doing a lot of thinking about how I have done business up to now and the important things that need to change.

After taking the seminar I mentioned in the last post I have decided to create a wall between myself and that dreaded word Liability.

Liability is a word that to many surveyors want to absorb and I have always wondered about that. Why??? Why in the world would one want that??

I recently took all of my contracts and map notes and some other doc's to an attorney that specializes in working with surveyors and engineers and have asked him to do a major sprucing of everything.

I want to separate myself as much as possible from liability and paint a very clear picture of the clients responsibility and liability in every engagement.

I also want to make it abundantly clear that I am not a design professional. I have never designed nor will I ever design anything.

One major point I want to be very clear on is the fact that I can never tell a client what they own. That is a matter of title. I am a professional evidence producer and everything I do is merely an opinion and should be verified if they choose to do so.

There a several other points that am having him work on, those are the most prevalent.

I am through taking responsibility for things that a Land Surveyor should not.

On to another topic.

I have made a solid decision to switch to Micro Survey. I am finished with Auto Cad.

I got a call the other day from a really cute girl trying to get me to update to C3D. I politely told her that C3D is a solution for Civil's and design professionals and I have zero use for a program that I will only use 10 percent of.

She was nice and I decided to let her work me up a cost anyway and upon receipt firmly decided to switch software and I gave her a written punch list as to why.

This coming year is going to be a whole new ball game for this kid. I have a new company name, a soon to be released web site, a solid marketing plan in place and a plan for new equipment and most important a forecast that dictates things are becoming normal again.

Peace out surveyors.

Seminar about Title Stuff

Last Friday I took a seminar on Title vs Survey issues and boy am I glad I did.

The content as always was a little dry but I learned a metric shit load about title issues.

The main reason I took the particular seminar is because I am involved in a problem that was created by an RLS that worked for me several years ago and yes of course my name is on the map.

What happened is this. He did a land division and prepared what may or may not be a bunk legal. I am yet to reach a conclusion. All of the line work is perfect etc.

He later amended it but the descriptions remained the same.

The description was recorded, map filed, the monuments were set, walls were built etc. The buyer assumed he was getting an acre.

Long after the RLS was gone from my company they came back for another amendment and I personally did it and inadvertently fixed the descriptions.

Now here is the crazy part. They never got title insurance on anything. The buyer had it but our client never got it because they owned it outright.

Problem: Buyer loses property to bank, a new guy buys it from the bank with the assumption that he is purchasing the property within the walls, he has a title policy.

The new buyer being diligent gets a survey done and discovers that that deed is that of the old split and that the seller had never adopted the second amended. All of the monuments reflect the lot split but the deed does not and now he thinks he owns an additional 1/4 acres.

I received a call from a very cool surveyor telling me what was going on. He said our survey was awesome and all of the monuments hit really well. I explained to him that they obviously never had any title work done, he agreed and I thanked him and waited for my client to call.

Well we all know what happened when the client called. Of course they are thinking this is our fault. I promptly told them that this is a matter of title and the buyers company was responsible.

I will tell you that making an angry person believe that someone as glorious as a title company man could make such a huge mistake is almost impossible.

It sure is fun owning a business!!! Just one hoot and holler after another.

Well we had a meeting. I put my insurance company on notice. We spoke a few more times and I am yet to hear anything else.

What I did tell them is if they decided to try and sue me for any reason the insurance company would sick some big bad wolf of an attorney all over them, he will prove that they were remiss in the issue, he will prove it is in fact a title issue and he will drive their legal fees through the roof and all I will have to do is meet my deductible.

They also threatened to turn me in. I told them they could but it would do them zero good to do so. I am thinking they are of the mindset that kind of thing is public like the ROC and it would in some way hurt my biz because anyone can have a look for marks.

Now these people are very niece and amiable and I hope it stays that way. I told them I would help in anyway that I can but my hands are tied until they sign a release stating that they will not sue me.

We will play the waiting game now. I have a feeling it will all work out to their benefit. That is if they follow proper protocal.

Cities

I never cease to wonder about the operations and efficiencies of the different municipalities.

The thing I marvel at the most is the utter lack of communication between the separate departments and also the utter inability to make a decision.

Now I understand that a city employee is prohibited from telling you how they think something should be done and they are tied to city guideline, however a little extra effort to point a citizen in the right direction would be greatly appreciated.

I am wondering what causes these poor people to become absolute minimalists? I am sure that they start out ambitious but something at some point sucks the life out of them and they bend into a lifeless wet piece of paper.

I have had some great experiences with most city folk, but unfortunately as humans we have a tendency to focus on the less than good times.

The two I deal the most with are Phoenix and Scottsdale. For the most part I have great success and really like everyone I deal with, but ever so often I get that curve ball that throws it all into a tail spin.

I can only imagine the shit that gets blown at these people on a daily basis.

I am a very chill person and I am thinking that's why I get along with most that I encounter because I am always respectful and grateful for the help even if the result takes me in circles.

I know dealing with the public is tough especially when you get a belligerent numskull in front of you breathing hate.

I also know that everyone is different and piling all of you into the some category is massively inappropriate. Sometimes a guy just has to bitch a little.

So hey city employees. I am here so say thanks for doing a job that I would never be able to do.

Keep up the good work.