Would I have a case against that surveyor? Probably. But, once again, it would have everyone tied up in court for a long time and potentially cost more than the property is actually worth, regardless of who had to pay court costs. I could pursue a direct settlement from the surveyor. However, if you remember, on the day that this was being discussed a couple weeks ago, he was undergoing drastic heart surgery in Salt Lake City, and he did not make it. And yes, I could probably take action against his estate, but I'm not that heartless nor do I care to be tied up any longer in this mess.
I hesitate to speak poorly of the deceased, but I learned yesterday that the surveyor has caused problems several places around the area by the same method of using chains to measure hilly terrain without making the calculations to accommodate for the inclines and declines. In one situation an entire lot was lost because of his measurements during a subdivision of a plot, a costly loss for the seller who wound up with just ten lots to sell rather than the eleven he/she should have had. He was stubborn about the old system, and obviously was not accurate with it. And apparently he didn't really care much.
I mentioned to T that it stuns me that there is not a standard in the profession that held him responsible for that, and he agreed with me. If I made a mistake and did harm to someone in my profession, I would have been held responsible. I carried malpractice insurance and would have been made to make restitution above and beyond that limit. T agreed; if he screws up his is held responsible, and he must carry insurance to cover that possibility. The surveyors are not held to any professional standard that T is aware of, and he says that most of them don't carry insurance. Reprehensible. Land ownership is at the base of the American Dream. When someone treats that privilege with disregard and causes such loss he/she should be made to be responsible!! But the man is dead, regardless of my opinion of him, and I won't waste my time and money in pursuit of the elusive. It is done.
Understand, the minor loss of land area is not really my beef ... I'm astounded that someone could make such errors over and over again and not be held to a standard, because the standard is apparently not there. Unbelievable.
Now ... I'm going to take a day or two for myself. I may or not blog. I may or not read your blogs. I just need a bit of time to complete a couple tasks for myself . I need to tie up my income tax calculations and do a couple tasks for the Gallery. So I'm off to do those things, and I'll return post haste!
Take care all!
Life is beautiful!!!