- December 18, 1998
- All New York State Counsel, Managers and Agents
- Survey Notations
There have been a number of situations brought to our attention in which surveyors have added non-standard notations to survey maps. We have the following comments:
NOTE: THIS INSTRUMENT SURVEY MAP DOES NOT CONTAIN THE INFORMATION NECESSARY TO ESTABLISH PROPERTY CORNERS
The surveyor in this case was attempting to protect himself against claims by property owners who would use the survey map as a resource for erecting a fence, without using the accurate instrumentation which the surveyor would be able to bring to bear. The notation itself was overbroad - if the map is inaccurate (well, if corners aren't established, then neither are property lines - so what is covered by the map?), it is not up to the necessary standards for insurance.
COPYRIGHT 1998 © SAM SURVEYOR. This Map is copyrighted by Sam Surveyor, and may not be copied, sold, rented, leased, photocopied, traced, enlarged, reduced or transferred in any other way without the prior written consent of Sam Surveyor.
This is a "nice try." But by its nature, a survey map is a work done for hire, and the copyright, if any, resides with the person paying for the map. The surveyor cannot unilaterally alter the practice by putting a copyright notice on the map. Such notices can be ignored.
SURVEY INSPECTIONS OR UPDATES OF THIS MAP ARE PROHIBITED.
Similarly, surveyors cannot, by a notation on the map, prevent or prohibit the practice of performing a survey inspection, or issuing a survey endorsement on the basis of a property owner's affidavit.
Surveyor Associations in New York have had legislation introduced in each of the past several legislative sessions to have the practice of company survey inspections outlawed. You are reminded that the TIRSA Rate Manual prohibits survey inspections on commercial property.
THIS BULLETIN IS FURNISHED TO INFORM YOU OF CURRENT DEVELOPMENTS. AS A REMINDER, YOU ARE CHARGED WITH KNOWLEDGE OF THE CONTENT ON VIRTUAL UNDERWRITER AS IT EXISTS FROM TIME TO TIME AS IT APPLIES TO YOU, AS WELL AS ANY OTHER INSTRUCTIONS. OUR UNDERWRITING AGREEMENTS DO NOT AUTHORIZE OUR ISSUING AGENTS TO ENGAGE IN SETTLEMENTS OR CLOSINGS ON BEHALF OF STEWART TITLE GUARANTY COMPANY. THIS BULLETIN IS NOT INTENDED TO DIRECT YOUR ESCROW OR SETTLEMENT PRACTICES OR TO CHANGE PROVISIONS OF APPLICABLE UNDERWRITING AGREEMENTS. CONFIDENTIAL, PROPRIETARY, OR NONPUBLIC PERSONAL INFORMATION SHOULD NEVER BE SHARED OR DISSEMINATED EXCEPT AS ALLOWED BY LAW. IF APPLICABLE STATE LAW OR REGULATION IMPOSES ADDITIONAL REQUIREMENTS, YOU SHOULD CONTINUE TO COMPLY WITH THOSE REQUIREMENTS.