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Discipline #203 Summary

#203 Summary – Identification survey

A registered surveyor was engaged to undertake an identification survey prior to the complainant purchasing the property. A survey was undertaken, and a report and sketch were prepared and sent to the complainant’s conveyancer.  The report clearly stated that “other than fencing irregularities there are no apparent visible encroachments by or upon the subject land”.  A subsequent survey identified that several significant encroachments to the property existed and a complaint was lodged.

As part of the investigation the registered surveyor was required to provide all records in relation to the matter including instructions from the client, field notes, calculation sheets and any resulting plans or reports. The registered surveyor was also required to attend an interview with the investigators.

During the course of the investigation the surveyor admitted that they hadn’t surveyed, located or shown the significant encroachments on the subject land by the southern adjoining property because they were obscured by dense shrubs alongside a sizable step down of the land.

The fact that these were obscured by a step in the land and shrubs does not remove the need for the surveyor to ascertain their location in relation to the subject land. It is the surveyor's professional responsibility to undertake all required measurements with due diligence.

The complaint of Professional Misconduct was NOT PROVEN.

The complaint of Professional Incompetence was PROVEN in this case.

Under Section 12(1)(a) of the Act, the surveyor was required attend a disciplinary meeting with the President of the Board and one other Board member.


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