Land surveyors play an essential role in real estate transactions and development projects. They are responsible for measuring and mapping land boundaries and ensuring that the land meets the required legal and regulatory standards. However, like any profession, there is always the possibility of negligence. Land or building surveyor negligence occurs when a surveyor fails to adhere to the standard of care expected of them and causes harm to their clients.

Unfortunately, not all land surveyors are equal, and mistakes—or outright incompetence—occur. In this article, we’ll cover the responsibilities of a professional land surveyor, the types of negligence that can occur in land surveying, and how a professional surveyor—like Dr. Tony Nettleman—can serve as an expert witness and help when building a professional negligence claim.

Requirements and Responsibilities for Professional Land Surveyors

Land surveyors are required to be licensed as professionals by their respective state boards of licensure within every state in the U.S. Since they are licensed by a governmental agency, most land owners, property developers, and laymen assume that all land surveyors are equal. That is simply not true. The level of education, number of years of experience, and degree of professionalism determine the competency of the professional land or building surveyor.

The fact is that the requirements to become a land surveyor vary greatly from state to state. Some states require zero education, some just 16 credit hours, while others require a four-year bachelor’s degree in land surveying. Similarly, some surveyors can become licensed with just two years of experience while other states require up to 16 years of experience before an individual is allowed to sit for their Professional Land Surveyor exams. This wide disparity in education and experience often causes the same property to be surveyed by different professionals, often with widely varying results.

Establishing Standards of Care

No matter their education or experience, professional land surveyors owe a certain duty to each of their property owner clients. The courts have found that surveyors have to use the “best available evidence”, to follow generally “accepted rules and regulations” (i.e. State Board Minimum Standards and State Case Law) and to “exercise the proper degree of care and skill” when performing any land survey.

When building negligence cases against land surveyors, it must be determined if they followed appropriate standards of care by adhering to established professional practices and regulatory requirements. 

Here are the key components that typically define the standard of care for land surveyors: 

• Professional Standards and Practices: Land surveyors are expected to follow guidelines set by professional organizations and must ensure their measurements and mappings are accurate and precise to avoid errors that could lead to construction defects or boundary disputes.

• Regulatory Compliance: Surveyors must be licensed by the appropriate regulatory body in their jurisdiction and comply with state laws and local regulations governing land surveying.

• Duty of Care: Surveyors are required to perform their duties with the level of skill and care that a reasonably competent surveyor would exercise under similar circumstances. They must conduct thorough and diligent investigations, including researching historical records and ensuring the use of proper techniques and tools.

• Documentation and Reporting: Professional surveyors must provide accurate and comprehensive reports, maps, and plans. Any errors or omissions can lead to liability for negligence. They must clearly communicate findings and potential issues to clients, ensuring they understand the implications of the survey results.

• Technological Competence: Surveyors should be proficient in using current surveying technology and equipment, such as GPS and GIS systems, to ensure accuracy, and stay updated with advancements through continuous professional development. 

• Ethical Conduct: Surveyors must conduct their work with integrity, providing unbiased and objective results and disclosing any potential conflicts of interest to their clients.

In building negligence cases, proving that a land surveyor breached the standard of care involves demonstrating that they failed to meet these professional, regulatory, and ethical standards. If a surveyor’s negligence leads to damages, such as incorrect property boundaries or structural issues due to flawed measurements, they can be held liable for resulting losses.

Types of Negligence in Land Surveying

Land surveyors can be negligent in several ways. One of the most common forms of negligence is errors in measurements or mapping. Land surveyors are required to use specialized tools and equipment to measure and map land boundaries accurately. If they make errors in their measurements or mapping, it can result in serious consequences for the property owner or developer.

Another common form of negligence is the failure to identify or disclose defects in the property. Land surveyors have a responsibility to identify and report any defects or potential issues with the property. This could include identifying any encroachments, easements, or other legal issues that could impact the property owner’s ability to develop or use the land.

In addition to these forms of negligence, land surveyors can also be held liable for failing to follow industry standards or regulatory requirements. They must ensure that their work complies with all applicable laws and regulations, and failing to do so can result in serious consequences for the property owner or developer.

Proving the Professional Standard Was Met (or Not)

To prove land surveyor negligence, the plaintiff must demonstrate that the surveyor had a duty of care to the client, that they breached that duty, and that the breach caused harm to the client. This can be challenging, as land surveyors are typically held to a high standard of care, and proving that they fell short of that standard can be difficult. 

“The duty of care a land surveyor is obligated to provide is that degree of care that an ordinarily competent surveyor would exercise in like circumstances.” But what does that exactly mean? A land or building survey can be conducted appropriately and competently using different methods or techniques—or a combination of several methods. So, how to prove that the method used for the survey was done to professional standards?

Civil courts throughout the nation require that a Professional Land Surveyor serve as an expert witness in order to explain whether the plaintiff or defendant surveyor met the standard of care. Instead of a “he said, she said” argument, the surveyor expert should have a deep library of resources including land case law, surveyor case law, textbooks, and an encyclopedic knowledge of State Survey Board Acts & Rules. These resources set the standard and the surveyor expert simply presents and explains these resources to the Court.

Once the standard is known, applying that standard to the plaintiff or defendant is easy.

Consequences of Surveying Negligence and How to Protect Yourself 

When land surveyor negligence occurs, it can result in financial losses, legal disputes, and other serious consequences. Property owners and developers who have been impacted by land surveyor negligence may be able to pursue legal action against the surveyor to seek compensation for their losses.

Protecting against claims of negligence and litigation begins with well-worded, comprehensive contracts that thoroughly detail the surveyor’s responsibilities and scope of services. Additionally, litigation can be avoided with clauses that provide for dispute resolution through mediation.

It is also important that land surveyors carry professional liability insurance. This insurance provides protection in the event of errors or omissions on the part of the surveyor and can help to cover the costs of any damages or legal fees that may arise.

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10 Ways Professional Land Surveyors Can Prevent Negligence

Mitigating risk as a professional land surveyor involves implementing strategies and techniques to prevent errors and ensure compliance with standards, thereby protecting against potential legal surveyor negligence compensation claims. 

Here are some effective strategies to follow appropriate standards of care and prevent a surveyor negligence claim:

1. Adhere to Professional Standards: Ensure all work adheres to the guidelines established by professional bodies such as the American Congress on Surveying and Mapping (ACSM). Implement rigorous quality control procedures to verify the accuracy of measurements and data.
2. Stay Updated on Regulations and Licensing: Regularly review and comply with local, state, and federal regulations related to land surveying and construction. Ensure all surveyors and involved professionals are properly licensed and certified according to the jurisdiction’s requirements.
3. Pursue Continuous Education and Training: Participate in continuous education and training on the latest surveying techniques, technologies, and regulatory changes. Furthermore, pursue additional certifications and professional development opportunities.
4. Use Advanced Technology: To enhance accuracy, use the latest surveying technologies, such as GPS, GIS, and laser scanning. Implement advanced software for data analysis, project management, and error detection.
5. Provide Thorough Documentation: Maintain comprehensive records of all surveys, including methods, tools used, and data collected. Provide clear and detailed reports to clients, highlighting any potential issues or discrepancies.
6. Implement Risk Management Practices: Conduct regular risk assessments to identify and mitigate potential issues before they escalate. Additionally, obtain adequate professional liability insurance to cover potential claims of negligence or errors. 
7. Communicate Clearly and Regularly With Clients: Clearly define the scope of work, deliverables, and limitations in contracts. Keep clients informed throughout the surveying process, especially about any unexpected findings or delays.
8. Prevent Litigation With Comprehensive Contracts: Use well-drafted contracts that outline the scope of services, responsibilities, limitations, and dispute resolution processes. Include clauses for mediation or arbitration to handle disputes without resorting to litigation.
9. Conduct Peer Reviews and Audits: Conduct peer reviews of survey work to catch potential errors or omissions. Periodically hire external auditors to review practices and ensure compliance with standards.
10. Work with Integrity and Transparency: Maintain high ethical standards and ensure all work is conducted with integrity and transparency. Avoid conflicts of interest and disclose any potential conflicts to clients.

By implementing these strategies, land surveyors can significantly reduce the risk of negligence claims, ensuring that their work meets the highest standards of accuracy and professionalism.

Bridging the Gap to Justice

Standards for demonstrating the elements of professional negligence do not differ from profession to profession. The plaintiff in a professional negligence claim must establish the appropriate standard of care, demonstrate that the defendant deviated from that standard, and prove that the deviation caused the plaintiff’s damages. The duty of care a land surveyor is obligated to provide is the degree of care that an ordinarily competent surveyor would exercise in like circumstances.

In a negligence case, the land surveyor expert witness helps to establish the duty of care owed by the defendant, the breach of that duty, causation, and the resulting damages. For example, in a medical malpractice case, a medical expert might testify about the standard of care in a particular situation and how the defendant’s actions fell short and caused harm. The same is true with a surveyor negligence case. The expert witness testimony can substantiate the plaintiff’s claims by linking the breach of duty directly to the harm suffered.

Dr. Nettleman: Your Expert Witness

Overall, land surveyor negligence is a serious matter that can have significant consequences for property owners and developers. By working with qualified and experienced surveyors, carrying professional liability insurance, and taking proactive measures to protect their interests, property owners and developers can minimize their risk of falling victim to land surveyor negligence. If you believe that you have been impacted by land surveyor negligence, it is important to seek the advice of an experienced attorney who can help you navigate the legal territory.

Dr. Tony Nettleman, as your land surveyor expert witness, can enhance the credibility of the case through detailed and methodical presentations of evidence, helping to convince the court of the validity of the plaintiff’s arguments. His ability to present complex information clearly and persuasively is crucial in achieving a favorable outcome. 

Contact Dr. Nettleman today and find out how he can help with building surveyor negligence for your claim and support your overall legal strategy.

Dr. Nettleman is a Land Surveying Engineer and Attorney. He has held distinguished professorships at Texas A&M Corpus Christi, University of Florida, Florida Atlantic University, and Troy University. He is licensed as a surveyor and attorney in Florida as well as a professional surveyor in TX, CA, NM, SD, FL, AL, OH, KY, NV, WC