TSPS: How/why did you get into surveying?

John: In a cold Ohio November with a foot of snow on the ground, I started as a chainman. Frozen toes and hands were thawed by joining the Air Force, where I was trained in surveying and drafting. I made it to south Texas by way of Germany and this area has been my home for years now. I have enjoyed learning our profession from some of the best surveyors in San Antonio. The interconnection of our history with surveying is fascinating and I continue to be amazed at facts that are uncovered. 

TSPS: Why did you join TSPS?

John: I joined TSPS long ago to attend the surveyors’ rodman training that was offered by the society. As I moved up the ranks and continued my training, I attended a class or seminar now and then. I more recently became involved at a higher level due to my desire to give back to the profession and help keep it vibrant and growing. I believe that TSPS is a valuable asset to our profession and a huge part of our continued success.

TSPS: What is your most memorable surveying moment?

John: I have prepared a few boundary surveys along the historic San Antonio Riverwalk. The amount of research that went into these projects was incredible. Following the chain of title back one hundred or more years taught me quite a bit about the history of our city.  Surveying an entire city block and beyond was usually the standard in order to come up with a resolution. A whole range of situations were addressed, party walls, different monuments called for on neighboring deeds, and the fact that the City of San Antonio actually owns the river within the downtown area.

John's Favorites:

Color: Blue
Food: Pizza (no not pizza hut or papa johns)
Animal: Dog
Singer: Led Zeppelin and Stevie Ray Vaughan
Hobbies: Travel

Photos:

Above: John participates in a historic survey demonstration on the Alamo grounds
Right: One of John's favorite places to visit - Breckenridge, CO

John is currently the TSPS Chapter 11 - Alamo Representative and works for TGD Surveying LLC in Garden Ridge, TX.

Misrepresentation of the Tree Species – an Errors & Omissions Claim
Submitted By Gina O’Hara, ANCO Insurance
Opinion by Tim Soejfe, Seltzer Chadwick Soefje, PLLC

ISSUE PRESENTED:
Whether a land surveyor performing a routine land title survey falls below the standard of care when the surveyor incorrectly identifies the correct species of a tree identified on the land title survey.

SHORT ANSWER:
Yes. Although the standard of care would not otherwise require the species of a tree to be identified on a land title survey, the misrepresentation of the tree species subjects the land surveyor to liability if the owner reasonably relied on the misrepresentation of the tree’s species to his detriment.

ANALYSIS: 
Whether a land surveyor fails to meet the duty of care depends on the type of survey performed. The reasonable degree of care about the identification of the species of a tree required for a “land title survey” varies from the reasonable degree of care required for a “tree survey.”

The violation of the standard of care is a question of fact for the trier of fact (ie., jury, judge, arbitrator, etc.). Two surveys of the same parcel of land can have great variations and inconsistencies between them, but this does not conclusively prove one land surveyor failed to exercise the requisite degree of reasonable care.

Land surveyors may be held liable for damages resulting from inaccurate surveys if they fail to perform their services with a reasonable degree of care and skill. Dennison, Mark S., Surveyor’s Liability for Negligent Performance of Land Survey, 59 Am. Jur. Proof of Facts 3d 375 (Originally published in 2000). See, Smith v. Herco, Inc., 900 S.W.2d 852 (Tex.App.—Corpus Christi 1995), writ denied, (Oct. 5, 1995) and reh'g of writ of error overruled, (Nov. 2, 1995).

The common-law duty of care imposed on a land surveyor requires a surveyor to “exercise a reasonable degree of care in the performance of their work . . . [and] may generally be defined as the level of care that a surveyor of ordinary skill and prudence would exercise under the same or similar circumstances.” Id. 
The standard of care for a “land title survey” requires only that the land surveyor locate trees on lines of possession and boundaries. Minimum Standards Detail Requirements For ALTA/NSPS Land Title Surveys Minimum Standards Detail Requirements For ALTA/NSPS Land Title (Effective February 23, 2016).1 Land title surveys do not require a land surveyor to identify trees on a survey unless “specified in the contract . . . [or] deemed by the surveyor to be evidence of possession . . .” Id. 

In contrast, “tree surveys” require data on “tree locations, trunk diameter and species.” Austin, Texas – Environmental Criteria Manual, §3.3.2 (A)(1)-(3).2 A tree survey should correctly identify the tree at the species level; however, it is also acceptable to identify the tree by its common name. Id. A land surveyor must do more than locate a tree to satisfy the standard of care for a “tree survey” because such survey requires identification of tree species or type. 

CONCLUSION: 
The best practice for a land surveyor performing a “land title survey,” therefore, is to avoid identifying the species of tree unless specified in the contract or deemed by the surveyor to be evidence of possession. If the land surveyor chooses to exceed what is required by the minimum standard of care and identify a tree’s species, and does so incorrectly, the land surveyor likely is subject to liability for negligent misrepresentation if the owner reasonably relied on the identification. In a “tree survey,” the species must be accurate, or the land surveyor likely falls below the standard of care.

_______________________________________
1 See, http://c.ymcdn.com/sites/www.nsps.us.com/resource/resmgr/ALTA_Standards/2016_Standards.pdf 
2 See, https://library.municode.com/TX/Austin/codes/environmental_criteria_manual?nodeId= 
S3TRNAARPR_3.3.0TRSU

TSPS: How/why did you get into surveying?

Jonathan: It was a little bit of a curvy path. Heeding my Dad’s advice, I found a job at a surveying firm in College Station while going to school. While working with Dante at Carlomagno Surveying for about 5 years, I began to develop a love for the profession. After finally graduating, I decided to pursue my PE license while working on land development projects in Austin. Having done engineering for a while, and not too long after getting my PE, I decided that surveying was really what I wanted to be doing, and the rest is history.

TSPS: Why did you join TSPS?

Jonathan: I began to get involved with TSPS once I was back into surveying full-time. TSPS is highly important to our profession. From keeping tabs down at the legislature to putting on the convention, symposium and other educational opportunities as well, the benefits are pretty obvious. However, the biggest thing that I personally get out of TSPS are the relationships that I have developed with other surveyors around Austin and also the state. It’s nice to be able pick up the phone and call someone that you may know of that has had experience with a particular challenge you’ve come across at work.

TSPS: What is your most memorable surveying moment?

Jonathan: It’s hard to come up with just one, but my favorite memories are when you come across some old boundary evidence that helps substantiate your analysis. I can recall a time when we were surveying a large tract on the west side of Lake Travis. Using a scattered rock mound we found that I believed could possibly be a patent corner, we were able to establish the east line of this tract, which ended up being about 15 feet east of the occupied fence line. Upon further investigation on this tract covered thick with cedar, we found remnants of an old fence line and additional boundary evidence to support what we believed to be the boundary.

Jonathan's favorites:

Color: Maroon of course
Food: Craft Beer
Animal: Black Angus
Singer/band/group: Stevie Ray Vaughn/Ryan Bingham/Lucero/Jimmy Buffett
Hobby: Hunting, Coaching my kid’s 5th grade football team… It’s fun to watch those kids develop & grow up together

Jonathan is currently the TSPS Chapter 13 - Capital Area President and works for BGE, Inc. in Austin, TX.