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No agnosticism abounding of you accept already heard about the contempo commodity that appeared on Bloomberg.com advantaged “Land Surveyors Are Advantageous the Price of Progress” (“Paying the Price”).1 In case you absent it, Vizaline is a aggregation founded in 2014 that, “uses accessible admonition to draw curve on a map assuming acreage boundaries. They do this mostly for baby banks who charge to anticipate the backdrop they are holding.”2 That commodity goes on to say: “Since its founding, the aggregation has developed to six advisers in Mississippi. It operates in bristles southeastern states and provides its casework to over 30 banks, mostly in Mississippi.”3

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The Mississippi Lath of Licensure for Able Engineers and Surveyors filed a complaint adjoin Vizaline for practicing assay after a license, in abuse of Mississippi law. Vizaline filed a counter-complaint, accurate by an alignment alleged the “Institute of Justice,” for abuse of Vizaline’s First Amendment chargeless accent rights. I do not accept the capacity of these complaints as of this writing, and the case will be litigated to some final resolution, but in the meantime, this case highlights some problems for both Vizaline and the assay profession. 

Conveniently, “Paying the Price” had a articulation to a archetypal Vizaline, “Viza-plat Acreage Report.” As reported, Vizaline is claiming that its “Report” isn’t a survey. It includes a abnegation that, “It is not a Acknowledged Survey, nor is it advised to be or alter a Acknowledged Survey.” I’m not absolutely abiding what a “Legal Survey” is, unless this implies that the alone ‘legal’ assay is a assay performed by a duly-licensed acreage architect and a tacit acceptance that Vizaline’s ‘survey’ is contrarily illegal. Although our licensing laws (all 50 states) are somewhat similar, there are differences in all of them, and whether Vizaline is in abuse of any one of them will crave a case-by-case examination. 

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I accomplish acreage aals surveys, which, in the final analysis, are alive opinions on the breadth of acreage curve on the ground. I advance the client’s accomplishment and the accomplishments of adjoiners, the acquired and accessory affirmation of the accurate breadth of the acreage boundaries (occupation, fences, articulate evidence, alike aeriform photos, etc.), and cede a ‘report’ of the acreage band locations in the anatomy of a map or blueprint of assay that graphically depicts the acreage lines, and contains a description and pertinent surveyor’s notes. I see similarities amid what I do and what Vizaline has done with its report.   Considering Vizaline’s report, the absolute affair that comes to my apperception is: “What is Vizaline accomplishing that could not be able by downloading the tax assessor’s map of the property?” Unless it is this one thing: Vizaline knows what surveyors apperceive about tax assessor’s maps, which is they are awfully capricious for acreage breadth purposes (some bigger than others) and are alone advised to represent a bindle of acreage for demanding purposes. No one in their appropriate apperception would await on it for annihilation else, abnormally acreage band location. I apperceive that my own abode in Jefferson County, Ala., is physically depicted on my next-door neighbor’s lot back the aeriform mapping band of the county’s GIS is angry on, and the alley in advanced of my abode is activity through the houses on the added ancillary of the street. Further bottomward the block they accept lots overlapping – but these are tax maps.

The archetype Vizaline address is not utilizing tax map locations. It’s accessible that Vizaline is carefully chief breadth acreage curve are amid on the arena and depicting those locations on their map, disclaimers notwithstanding. And, of course, they are charging their audience for assuming these services. This is a appropriate appropriate of able casework – charging for those services. 

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I generally use the acknowledged profession to accomplish this point. Anybody can be an attorney; an advocate is artlessly one who represents another. You can be your own advocate or, with a adeptness of attorney, you can represent addition else. It’s back you are paid by addition abroad to represent them that you footfall into the role of advocate requiring, by law, to be appropriately licensed. Go convenance the law after a authorization and see what happens to your chargeless accent rights. 

Speaking of chargeless speech, I apperceive that not all accent is free. One cannot advisedly abuse or aspersion addition after the achievability of acknowledged avengement – this includes the aspersion of someone’s acceptable title. One aspect of appellation to acreage is the activity of that property. Vizaline’s delineation of the acreage in its address could be abuse the appellation of an adjoiner or alike the accountable acreage owner. After activity into a absolute altercation on aspersion of title, the calumniating allegation is complete back it is published, and it is arise back announced to addition added than the appellation holder — say back Vizaline turns the address over to its broker client. These are aloof a brace of problems with the amateur apprehension of opinions on the breadth of acreage lines. There are abounding added examples that amplitude will not allow.

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The alone acumen to authorization surveyors and adapt the convenance is to assure the acreage interests of the landowning public. On this issue, licensing boards accede with about identical language. “The Mississippi Accompaniment Lath of Licensure for Able Engineers and Surveyors was created to ensure the attention of life, bloom and acreage and to advance the accessible welfare.”4 And the Mississippi board, like added agnate boards, is accustomed to accomplish that goal.5 Tangentially, surveyors comedy a role in attention activity and health, but it is the attention of acreage and the associated rights (property rights; including the breadth of that acreage on the ground) that is the amount issue. There is no added acumen to adapt the profession. 

In my estimation, this is breadth Vizaline accomplish over the authoritative boundary. At best, disclaimers aside, Vizaline is accouterment its audience (admittedly bankers and not the landowners) with a accommodation of the breadth of acreage curve on the ground. Bankers are not the alone ones with acreage interests at stake. Surveyors additionally assignment for bankers and others who may not be the absolute landowners, but the surveyor’s ambition is to analyze the accurate and actual breadth of the acreage curve on the ground, behindhand of who is advantageous them. 

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Surveyors are in the business of attention the breadth of the acreage rights; this does not arise to be the ambition of Vizaline. At worst, Vizaline may be assiduity counterfeit misrepresentation6 of those curve or alike aspersion of title. If anything, acquaintance has accomplished us that back an artless backer gets their easily on such a map, they will await on it to their detriment. In abounding cases, they anticipate a tax map of their acreage is as acceptable as a survey. And, accumulate in mind, those maps accept disclaimers as well. Back adverse assurance takes place, the artifice is complete.  

This is breadth the assay profession has a problem. “Paying the Price” referenced the Pennsylvania case of Southeastern Reprographic v. Bureau of Able and Occupational Affairs, et al (the “Board”),7 on the affair of authoritative overreach. Utilizing approved accent agnate to Mississippi’s (and agnate to abounding added jurisdictions), the lath assured that an actionable close performed “engineering surveys” in abuse of the law back it calm spatial abstracts on adeptness aggregation accessories “in an breadth that spanned six or seven counties, included over 100 aboveboard afar of land, and complex 3,200 afar of electrical curve and 100,000 point locations acute inventory,” utilizing “mapping brand GPS/GIS technology,” assay “assets to sub-meter accuracy. … Based on this evidence, the Lath begin that [the company’s] acreage staff, actionable beneath the Law, acclimated GPS/GIS equipment, algebraic calculations and added accoutrement to search, analyze and locate the x-y coordinates of [the adeptness company’s] assets on the Earth’s surface.”8 The lath bent that Southeastern was practicing assay after a license; the cloister chaotic the board’s decision. 

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Mississippi’s analogue of assay is about the aforementioned as Pennsylvania’s:

“The convenance of ‘surveying,’ … shall beggarly accouterment able casework such as …mapping, accumulating and interpreting reliable accurate altitude and admonition about to the location, size, appearance or concrete appearance of the earth, improvements on the earth, the amplitude aloft the earth, or any allotment of the earth, appliance and development of these facts and estimation into an alike [map], plan or report….” 

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In this day-and-age, this accent is too broad. According to this definition, Google, Esri, Garmin, Microsoft, and others are assay every day after a authorization and they are bridge authoritative boundaries accomplishing it. Today, anybody with the appropriate accoutrement can be an able measurer. If able barometer adeptness is all the acreage assay profession has, we accept nothing. You can’t adapt the accoutrement and you can’t adapt able altitude adeptness – go ask the Pennsylvania board. 

This is what Vizaline is arguing, but they absence the point. The point is the acreage absorption of the landowning public, not whether they can use a computer and a Google Apple image. The absolute catechism for Vizaline is, “Can they accord an assessment on the breadth of acreage curve on a georeferenced map, which is the tech-savvy agnate of the on-the-ground location?” The absolute catechism for the acreage assay profession is, “Are we in the acreage rights business or alone able measurers?” If we acquiesce the one job we accept (the breadth question) to get away, again we will be, as the commodity suggests, Advantageous the Price of Progress. 

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Endnotes

Neither the columnist nor POB intend this cavalcade to be a antecedent of acknowledged admonition for surveyors or their clients. The law changes and differs in important respects for altered jurisdictions. If you accept a specific acknowledged problem, the best antecedent of admonition is an advocate accepted to the bar in your jurisdiction.

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