Page 21 - NYS_ESS_11-2022

One could argue that in New York City proper, the most It has also been argued that banks, mortgage companies and real
urbanized area in the country, it is not possible to set the actual estate attorneys will balk at the increased costs and that “I’ll lose
boundary corners due to buildings occupying the entirety of business” as a result. These clients are often price sensitive and
the property and the constant construction that regularly sees that there’s always another guy out there willing to undercut the
the roads and sidewalks being demolished and rebuilt. These are cost. That said, the new regulations will apply to all equally, and
valid arguments in Manhattan and much of Brooklyn, Queens the Standards are also important to establish a level playing field
and the Bronx, but not so much in the more suburban areas by nominalizing the minimum effort required by all.
radiating out from Manhattan. That said, there are ways to In other parts of the state there exists a situation where title/
perpetuate corners even in these areas. Surveys showing ties to mortgage surveys are often paid for by the seller of the property.
the boundary of Witness corners, offset corners, the buildings In these cases, there is little to no incentive for the seller to pay
themselves and published control points are all valid methods more to have corners set. In most areas the buyer is typically
to preserve boundary evidence. responsible to pay for the survey. In those cases, the new buyer
It will be important for the profession to look at the local has a financial interest in knowing where their boundaries are
situation and find solutions to these very real technical issues located and is therefore more interested in having corners set.
and codify them. All too often the answer was affectively “it’s This is something that NYSAPLS should lobby to change.
too hard, so let’s just select the do-nothing approach” or come There are those who argue against the adoption of MTS as
up with solutions that are unique or proprietary to that surveyor. it represents a change from the status quo. There is fear that
Part of the intent of the standards is to solve these problems and changing things will threaten our livelihoods. There is a
introduce commonality to the practice. Some have expressed principle that, as professionals, all we need to do is meet the
the concern that a one-size fits all standard is not practical for common level of practice within the areas we work. I argue that
New York State due to its size and diversity of practices. The this idea drives things to the lowest common denominator. As
standards endeavor to address this in language that allows for a result, to compete in business, companies tend to only do as
some flexibility in methodology while maintaining its core much as the next guy over. I would argue that the profession is
principles of retractability and accountability. under threat from many fronts and maintaining the status quo,

There is also an argument that the requirement to set corners particularly when the status quo is substandard, will not protect
will necessitate the increase of fees to the client, and that this us. External guardrails need to be put in place to protect the
would put professionals performing as they should at a financial profession from downward business pressure.
disadvantage to those that are not setting corners. One could The State of New York is one of the last states in the country
observe that without points on the ground, the surveys do not to not have some form of legal standards set forth for the
require the same level of effort (cost) to perform since there is profession of Land Surveying. These standards are needed by
little to no accountability to the surveyor. This sort of practice the public and our profession alike.
does not apply to most, but applies to some, and that is a
problem for our profession. continued on page 21

Costs will increase, if for no other reason than most surveyors
will need at least one additional trip to the field following the Over the last couple of years, the Ad-
collection and analysis of the evidence and the final boundary
determination to set the corners. If the surveyor is currently Hoc Minimum Technical Standards
performing the proper level of effort to accurately determine Committee has held townhall meetings,
the boundaries, the additional effort to merely set the corners published FAQ’s, and met with several
should not double the cost of the survey as several have Regionals and individuals regarding the
suggested. A new way of thinking about scheduling of field Standards. This year we are increasing
work will be needed to optimize/minimize the extra effort to our outreach effort by reaching out to all
set corners.
NYSAPLS Regionals to allow us to come
The level of effort to set corners will, of course, vary depending to your meetings to open direct dialog
on the parcel in question. A large tract with many corners will with the membership to answer questions
obviously cost more than a four-corner lot in a subdivision and
will need to be accounted for in the cost proposal to the client. and gather feedback on the current set
of Standards. Please let us know when
The cost in setting corners will increase, it will be the same for all
professionals and should not put anyone at financial disadvantage. and where and we will make ourselves
Any surveyor that is not following the requirements will then be available to speak at your next event.
at risk of disciplinary actions and/or lawsuit.
EMPIRE STATE SURVEYOR / VOL. 58 • NO 6/ 2022 • NOVEMBER/DECEMBER 19