Legal and Ethical Issues Flashcards

A surveyor learns confidential information about a client's land during a project. The client's competitor later hires the surveyor and asks about the first client's boundary situation. What should the surveyor do?

Answer: Maintain confidentiality and decline to disclose the prior client's information

Surveyors have an ethical duty of confidentiality to clients; information obtained during a professional relationship must not be disclosed without consent.

In a court case involving a disputed boundary, survey testimony is most likely to be admitted as which type of evidence?

Answer: Expert opinion evidence

Licensed surveyors are qualified as expert witnesses, and their professional opinion testimony regarding boundary location is admitted as expert evidence in court.

The legal principle that a grantor cannot convey more title than they actually possess is known as:

Answer: Nemo dat quod non habet

'Nemo dat quod non habet' means 'one cannot give what one does not have,' which is fundamental to property title conveyance law.

When a surveyor is hired by both a buyer and seller in the same transaction, what ethical step is MOST important?

Answer: Obtain written informed consent from both parties disclosing the dual engagement

Dual engagements require full disclosure and written informed consent from all parties; without this, a surveyor faces an unmanaged conflict of interest.

Which of the following best describes the legal effect of recording a subdivision plat in the public records?

Answer: It offers the lots for public sale and dedicates shown public areas to the public

Recording a subdivision plat is an offer of dedication of public streets and spaces to the governing body and provides constructive notice of the lot layout to future purchasers.

Under which scenario is a surveyor most likely to face a claim of professional negligence?

Answer: Failing to locate an existing easement that was visible in public records

Failing to research and report on encumbrances such as easements that are discoverable in public records falls below the standard of care and can constitute professional negligence.

A surveyor discovers human remains while conducting fieldwork. What is the appropriate immediate action under federal and most state laws?

Answer: Stop work immediately and notify local law enforcement and, if applicable, tribal authorities

Discovery of human remains requires immediate cessation of work and notification of law enforcement; federal law (NAGPRA) may also require tribal consultation for Native American remains.