Institutional Affiliate of American Congress on Surveying and - CLSA

Articles (continued)
priate qualifying language is included
in all statements about a surveyor's
pr<strong>of</strong>essional services or
observation. This will preclude the
surveyor in advertently making a
statement or representation that
could later be construed as an express
warranty or guarantee.
We are not suggesting that the
pr<strong>of</strong>essional surveyor include unnecessary
quaUfying language or
"weasel words" in an effort to avoid
responsibiUty for damages caused
by his negUgent acts or omissions.
However, it is essential that surveyors
carefully review the language
<strong>of</strong> any certification to determine
if they are being required in
the language to state as categorical
fact representations which are impossible
for an honest man to make
or are beyond the obsolute knowledge
or control <strong>of</strong> the surveyor.
Note: This information is designed
as an alert to the pr<strong>of</strong>essional
surveyor. It is not meant to be a
substitute for advice that the
surveyor should seek from competent
insurance or legal counsel.
(Reprint: By permission <strong>of</strong> Victor 0.
Schinnerer & Company, Inc.)
HISTORY OF THE LAND
SURVEYORS' ACT
by Louis E. Hutledge
The Land Surveyors' Act and the
Subdivision Map Act have been
closely associated since their beginning
in the early 1890's. It is almost
impossible for the layman to discern
the difference between the two.
Because <strong>of</strong> their closeness, a history
<strong>of</strong> the Land Surveyors' Act and the
Subdivision Map Act must be discussed
together to acquire a more
complete understanding <strong>of</strong> each.
In December 1981, Mr. Andrew
B. Gustafson <strong>of</strong> the County Counsel's
Office, County <strong>of</strong> Ventura, was
asked for and rendered an opinion
concerning the creation <strong>of</strong> lots by^^
record <strong>of</strong> survey. It is the questioi^^^
posed to Mr. Gustafson, his answei^^
and analysis that I have chosen to
use to present this brief history <strong>of</strong>
the Land Surveyors' Act.
Question: In what circumstance
does or did the "record <strong>of</strong> survey"
prepared and recorded pursuant to
the Land Surveyors' Act or its
predecessor acts, "create" parcels
within the meaning <strong>of</strong> Government
Code Section 66424.2(a) or creae an
"estabUshed'' subdivision within
the meaning <strong>of</strong> Government Code
Section 66499.30(d)?
Answer: A "record <strong>of</strong> survey"
(continued on page 29}
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Page 24 The California Surveyor — Winter 1985