Land Surveyor Forum

Here is a link to the opinion.

This is a case of a Land Surveyor performing a substandard Land Survey which damaged the public and resulted in a brother and sister living next to each other to engage in a legal contest and become bitter enemies.

The Sister tore down the old fence and erected a new one according to the substandard survey. Even a casual unbiased observer would conclude it was erroneous but the Surveyor convinced the sister that he knew what he was doing.

The brother filed a complaint with the Texas Board of Professional Land Surveying when the Surveyor who produced the substandard Land Survey refused to turn over a copy of it or discuss the results with anyone including the Land Surveyors the brother hired who had contrary survey results.

When the Board sanctioned and fined the sister's surveyor for the survey he had performed but continued to refuse to turn over the survey or discuss it and consequently filed complaints against the brother's surveyors. This caused the brother to file a lawsuit against the sister and the sister's surveyor.

I was hired as an expert witness by the brother when the Board failed to take action against me. The other Land Surveyors the brother hired where not so lucky and they were fighting the complaints last year the last I heard, I am not certain how that came out.

On three separate occasions the  trial was suppose to get underway but in each case the Sister's surveyor never showed up for trial or submitted anything as a defense. When the sister's surveyor failed to show for a third attempt at a trial the Trial Court finally ruled on a summary judgement in favor of the brother.

The Court of Appeals upheld the summary judgement against the Sister's surveyor although on a technicality they sent it back to the Trial Court regarding the judgement against the Sister because the Trail Court failed to explicitly rule on an affidavit the Sister's surveyor submitted after the deadline for a summary judgement had passed.

I am posting this so that you will understand what happens to Land Surveyors who fail to survey the adjoiners, fail to search for evidence, fail to follow codified law, grab a pipe and go, ignore any and all evidence tending to contradict their survey results, fail to use contracts, fail to explain the results of their survey and fail to act in an ethical and benevolent manner.

This matter should have been settled a long time ago had the sister's surveyor actually tried to defend the results of his survey at trial.